TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 61. SCHOOL DISTRICTS

SUBCHAPTER AA. COMMISSIONER'S RULES ON SCHOOL FINANCE

19 TAC §61.1016

The Texas Education Agency (TEA) proposes new §61.1016, concerning commissioner's rules on school finance. The proposed new section would implement Senate Bill (SB) 195, 85th Texas Legislature, Regular Session, 2017, by providing for additional transportation funding for areas with hazardous traffic conditions or a high risk of violence.

Texas Education Code (TEC), §42.155, allows a school district to apply for up to 10% of its regular transportation allotment in additional funding to transport children who live within two miles of their campus but are subject to hazardous traffic conditions in getting to school. SB 195, 85th Texas Legislature, Regular Session, 2017, expanded the criteria to apply for additional funds to include areas within two miles of a campus where students are at high risk for violence when walking to and from school. To be eligible for funding under the statute, districts must adopt a board policy that identifies specific hazardous or high-risk-of-violence areas for which the allocation is requested. In determining these areas, districts are to consult with local law enforcement agencies and must obtain law enforcement records that document a high incidence of violent crimes. Districts may use all or part of additional funds to support community walking transportation programs.

Proposed new §61.1016 would implement the TEC, §42.155, by establishing provisions for hazardous transportation funding. The proposed new rule would provide definitions and eligibility criteria as well as detail how school districts must submit the additional data and the formulas to be used to calculate the additional funding.

The proposed new section would require school districts and open-enrollment charter schools to provide additional route type data on the current FSP Transportation application.

The proposed new section would require school districts and open-enrollment charter schools to maintain a hazardous traffic area policy adopted by the local school board.

FISCAL NOTE. Leo Lopez, associate commissioner for school finance / chief school finance officer, has determined that for the first five-year period the new section is in effect, there will be no fiscal implications for state and local government as a result of enforcing or administering the new section.

There is no effect on local economy for the first five years that the proposed new section is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed new section does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT. The TEA has determined that the proposed new section would not have a government growth impact pursuant to Texas Government Code, §2001.0221.

PUBLIC BENEFIT/COST NOTE. Mr. Lopez has determined that for each year of the first five years the proposed new section is in effect, the public benefit anticipated as a result of enforcing the proposed new section would be supporting community walking transportation programs, including walking school bus programs, and innovative school safety projects that keep students safe. There is no anticipated economic cost to persons who are required to comply with the proposed new section.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins May 4, 2018, and ends June 4, 2018. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on May 4, 2018.

STATUTORY AUTHORITY. The new section is proposed under Texas Education Code (TEC), §42.155(d), as amended by Senate Bill (SB) 195, 85th Texas Legislature, Regular Session, 2017, which authorizes hazardous transportation funding for areas within two miles of a campus where students would be subject to hazardous traffic conditions or a high risk of violence when walking to and from school; TEC, §42.155(d-1), as amended by SB 195, 85th Texas Legislature, Regular Session, 2017, which requires the school district board of trustees to provide an explanation of the hazardous traffic conditions or areas presenting a high risk of violence applicable to that district and to identify the specific hazardous or high-risk areas for which the allocation is requested by consulting with local law enforcement agencies and obtaining law enforcement records that document a high incidence of violent crimes; and TEC, §42.155(d-2), as added by SB 195, 85th Texas Legislature, Regular Session, 2017, which allows school districts to use all or part of additional funds to support community walking transportation programs and requires the commissioner to adopt rules for the administration of TEC, §42.155.

CROSS REFERENCE TO STATUTE. The new section implements Texas Education Code, §42.155, as amended by Senate Bill 195, 85th Texas Legislature, Regular Session, 2017.

§61.1016.Hazardous Transportation Funding.

(a) General provisions. This section implements the Texas Education Code (TEC), §42.155, which allows a school district to apply for up to an additional 10% of its regular transportation allotment to be used for the transportation of students living within two miles of the school they attend who would be subject to hazardous traffic conditions or a high risk of violence if they walked to school.

(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) School district--For the purposes of this section, the definition of a school district includes an open-enrollment charter school.

(2) Hazardous traffic condition--An area within two miles of a campus where no walkway is provided and children must walk along or cross a freeway or expressway, an underpass, an overpass or a bridge, an uncontrolled major traffic artery, an industrial or commercial area, or another comparable condition.

(3) Area presenting a high risk of violence--An area within two miles of a campus that law enforcement records indicate presents a high incidence of violent crimes.

(c) Eligibility. A school district or county is eligible to report Hazardous Area Service Annual Mileage in the Foundation School Program (FSP) Transportation application if the school district submits to the Texas Education Agency (TEA) a policy adopted by the local board of trustees that:

(1) explains the specific hazardous traffic conditions or areas presenting high risk for violence that apply to the district and exist within two miles of its campuses; and

(2) if a school district elects to implement community walking transportation programs or innovative school safety projects, requires such district-supported community walking transportation programs or innovative school safety projects to:

(A) utilize trained adults with current background checks to either walk students to their home or school or to stand guard along safe routes; and

(B) provide financial reports to the district each semester.

(d) Reporting. School districts are required to submit a Hazardous Area Policy prior to the start of the school year and to report annual Hazardous Area Service mileage by August 1 of each school year on the Home-to-School/School-to-Home section of the FSP Transportation Route Services Report. School districts requesting funds for an area presenting a high risk of violence must provide to TEA, contemporaneously with the explanation required by subsection (c) of this section, consolidated law enforcement records that document violent crimes identified by reporting agencies within the relevant jurisdiction.

(e) Funding formula. Funding for hazardous traffic and high-risk-of-violence routes is limited to 10% of the district's two or more mile only service. Hazardous transportation funding for students riding the bus will be calculated at the standard rate for regular transportation services. Funding for high-risk-of-violence walking areas will be calculated at the special education route services rate of $1.08 per mile.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 23, 2018.

TRD-201801779

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: June 3, 2018

For further information, please call: (512) 475-1497


CHAPTER 100. CHARTERS

SUBCHAPTER AA. COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS

DIVISION 1. GENERAL PROVISIONS

19 TAC §100.1010

(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in 19 TAC §100.1010(c) is not included in the print version of the Texas Register. The figure is available in the on-line version of the May 4, 2018, issue of the Texas Register.)

The Texas Education Agency (TEA) proposes an amendment to §100.1010, concerning charter school performance frameworks. The proposed amendment would adopt in rule the 2017 Charter School Performance Framework Manual, which would include new frameworks for adult high school diploma and industry certification charter schools in accordance with Senate Bill (SB) 276, 85th Texas Legislature, Regular Session, 2017.

Texas Education Code (TEC), §12.1181, requires the commissioner to develop and adopt rules for performance frameworks that establish standards by which to measure the performance of open-enrollment charter schools. The frameworks are used to annually evaluate each open-enrollment charter school. However, the performance of a school on a performance framework may not be considered for purposes of renewal of a charter under TEC, §12.1141(d), or revocation of a charter under TEC, §12.115(c).

The performance frameworks consist of several indices within academic, financial, and operational categories with data drawn from various sources, as reflected in the Charter School Performance Framework (CSPF) Manual adopted as a figure in §100.1010. The performance frameworks evolve from year to year, so the criteria and standards for measuring open-enrollment charter schools in the most current year may differ to some degree over those applied in the prior year. The intention is to update §100.1010 annually to refer to the most recently published CSPF Manual.

The proposed amendment to §100.1010 would adopt in rule the 2017 Charter School Performance Framework Manual. The manual would update the CSPF academic indices to incorporate new language pertaining to student assessment; edit grammar in one of the financial indices; and eliminate the operational indicator for community and student engagement ratings, which were repealed by House Bill 22, 85th Texas Legislature, Regular Session, 2017.

In addition, performance frameworks for adult high school diploma and industry certification charter schools would be added. TEC, §29.259, enacted by the 83rd Texas Legislature, 2013, established an adult high school diploma and industry certification charter school pilot program. SB 276, 85th Texas Legislature, Regular Session, 2017, amended TEC, §29.259, to remove a cap on the number of adult high school diploma and industry certification students that was previously mandated in statute and establish reporting requirements and performance frameworks for charter schools operating under this pilot program.

The proposed amendment would add new subsection (b) to include reference to the performance frameworks for adult high school diploma and industry certification charter schools, and the 2017 CSPF Manual would detail the frameworks.

The proposed amendment would have no procedural or reporting implications. The proposed amendment would have no new locally maintained paperwork requirements.

FISCAL NOTE. Joe Siedlecki, associate commissioner for system support and innovation, has determined that for the first five-year period the amendment is in effect, there will be no fiscal implications for state and local government as a result of enforcing or administering the amendment.

There is no effect on local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendment does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT. TEA staff has determined that the proposed amendment to §100.1010 would have a government growth impact pursuant to Texas Government Code, §2001.0221. The proposed amendment would create a new regulation and increase the number of individuals subject to the rule's applicability. SB 276, 85th Texas Legislature, Regular Session, 2017, amended the TEC, §29.259, to require the commissioner to develop and adopt performance frameworks for adult high school diploma and industry certification charter schools. The proposed amendment would include the new performance frameworks in the manual adopted as Figure: 19 TAC §100.1010(c).

PUBLIC BENEFIT/COST NOTE. Mr. Siedlecki has determined that for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the proposed amendment would be informing the public of specific criteria used to measure the performance of charter schools in the CSPF Report. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins May 4, 2018, and ends June 4, 2018. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on May 4, 2018.

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §12.1181, which requires the commissioner to develop and by rule adopt performance frameworks that establish standards by which to measure the performance of an open-enrollment charter school; and TEC, §29.259, as amended by Senate Bill 276, 85th Texas Legislature, Regular Session, 2017, which requires the commissioner to develop and by rule adopt standards by which to measure the performance a school operated under the adult high school diploma and industry certification charter school pilot program established by the statute.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §12.1181 and §29.259.

§100.1010.Performance Frameworks.

(a) The performance of an open-enrollment charter school will be measured annually against a set of criteria set forth in the Charter School Performance Framework (CSPF) Manual established under Texas Education Code (TEC), §12.1181. The CSPF Manual will include measures for charters registered under the standard system and measures for charters registered under the alternative education accountability system as adopted under §97.1001 of this title (relating to Accountability Rating System).

(b) The performance of an adult high school diploma and industry certification charter school will be measured annually in the CSPF against a set of criteria established under TEC, §29.259.

(c) [(b)] The assignment of performance levels for [open-enrollment] charter schools on the 2017 [2016] CSPF report is based on specific criteria, which are described in the 2017 [2016] Charter School Performance Framework Manual provided in this subsection.

Figure: 19 TAC §100.1010(c) (.pdf)

[Figure: 19 TAC §100.1010(b)]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 23, 2018.

TRD-201801780

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: June 3, 2018

For further information, please call: (512) 475-1497


CHAPTER 103. HEALTH AND SAFETY

SUBCHAPTER CC. COMMISSIONER'S RULES CONCERNING SAFE SCHOOLS

19 TAC §103.1207

The Texas Education Agency (TEA) proposes new §103.1207, concerning commissioner's rules on school safety and discipline. The proposed new section would provide for the implementation of provisions regarding unauthorized persons on property subject to the control of school districts under Texas Education Code (TEC), Chapter 37, Subchapter D, as amended by Senate Bill (SB) 1553, 85th Texas Legislature, Regular Session, 2017.

SB 1553, 85th Texas Legislature, Regular Session, 2017, amended the TEC, §37.105, to require that the commissioner of education adopt rules to implement provisions regarding unauthorized persons on property subject to the control of school districts, as well as to establish procedures for persons to appeal to school districts' boards of trustees any decisions to refuse persons entry to or eject persons from property subject to the control of school districts. Proposed new 19 TAC §103.1207, Unauthorized Persons: Refusal of Entry, Ejection, Identification, and Appeal, would set forth the provisions of the statute and establish an appeal process for school districts to adopt as local policies.

The proposed new section would not increase reporting requirements for school districts.

The proposed new section would have no impact on locally maintained records, as the appeal process is another form of the grievance process school districts provide to members of the public.

FISCAL NOTE. Candace Stoltz, director of emergency management, has determined that for the first five-year period the new section is in effect, there will be no fiscal implications for state and local government beyond what the authorizing statute requires as a result of enforcing or administering the new section.

There is no effect on local economy for the first five years that the proposed new section is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed new section does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT. The TEA has determined that the proposed new section would have a government growth impact pursuant to Texas Government Code, §2001.0221, by creating a new regulation. The proposed new section would establish a process for a person to appeal to the board of trustees of a school district a decision to refuse a person's entry to or eject a person from the district's property. SB 1553, 85th Texas Legislature, Regular Session, 2017, requires the commissioner to set forth in rule the provisions of TEC, §37.105, and establish an appeal process for school districts to adopt as local policies.

PUBLIC BENEFIT/COST NOTE. Ms. Stoltz has determined that for each year of the first five years the proposed new section is in effect, the public benefit anticipated as a result of enforcing the proposed new section would be serving to protect the safety of public school students and staff while providing for an appeal process for persons affected by the rule. There is no anticipated economic cost to persons who are required to comply with the proposed new section.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins May 4, 2018, and ends June 4, 2018. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on May 4, 2018.

STATUTORY AUTHORITY. The new section is proposed under Texas Education Code (TEC), §37.105, as amended by Senate Bill 1553, 85th Texas Legislature, Regular Session, 2017, which requires that the commissioner of education adopt rules to implement TEC, §37.105, including rules establishing a process for a person to appeal to the board of trustees of the school district a decision to refuse the person's entry to or eject the person from the district's property.

CROSS REFERENCE TO STATUTE. The new section implements Texas Education Code, §37.105, as amended by Senate Bill 1553, 85th Texas Legislature, Regular Session, 2017.

§103.1207.Unauthorized Persons: Refusal of Entry, Ejection, Identification, and Appeal.

(a) A school administrator, school resource officer, or school district peace officer of a school district may refuse to allow a person to enter on or may eject a person from property under the district's control if the person refuses to leave peaceably on request and:

(1) the person poses a substantial risk of harm to any person; or

(2) the person behaves in a manner that is inappropriate for a school setting; and

(A) the administrator, resource officer, or peace officer issues a verbal warning to the person that the person's behavior is inappropriate and may result in the person's refusal of entry or ejection; and

(B) the person persists in that behavior.

(b) Identification may be required of any person on property under a district's control.

(c) Each school district shall maintain a record of each verbal warning issued under subsection (a)(2)(A) of this section, including the name of the person to whom the warning was issued and the date of issuance.

(d) At the time a person is refused entry to or ejected from a school district's property under this section, the district shall provide to the person written information explaining the appeal process set forth in subsection (h) of this section.

(e) If a parent or guardian of a child enrolled in a school district is refused entry to the district's property under this section, the district shall accommodate the parent or guardian to ensure that the parent or guardian may participate in the child's admission, review, and dismissal committee or in the child's team established under the Rehabilitation Act of 1973, Section 504, (29 United States Code, §794), in accordance with federal law.

(f) The term of a person's refusal of entry to or ejection from a school district's property under this section may not exceed two years.

(g) A school district shall post on the district's Internet website and each district campus shall post on any Internet website of the campus a notice regarding the provisions of this section, including the appeal process set forth in subsection (h) of this section.

(h) A school district's board of trustees shall adopt a policy establishing a process permitting a person refused entry to or ejected from property controlled by the school district to appeal such refusal of entry or ejection. The policy shall include the following provisions.

(1) The appeal must be made in writing and must include any documents supporting the appeal to be considered by the board of trustees.

(2) The appeal must be addressed to the board of trustees or the current board president.

(3) The appeal must be submitted to the board of trustees by U.S. Postal Service, common carrier, commercial courier service, or facsimile transfer.

(4) The appeal must be received, regardless of method of submission, by the board of trustees within 30 calendar days of the refusal of entry or ejection that constitutes the subject of the appeal.

(5) The board of trustees shall consider the appeal at its next scheduled public meeting, unless the notice requirements of the Open Meetings Act cannot be timely met; otherwise, the appeal shall be considered at the board of trustees' next scheduled public meeting.

(6) Any documents submitted to the board of trustees by school district representatives in connection with the appeal shall be provided to the appellant at least five calendar days prior to the board meeting at which the appeal will be considered.

(7) The appellant shall have 15 minutes to present the appeal to the board of trustees, including the offering of witness testimony.

(8) Representatives and witnesses of the school district shall have 15 minutes to argue against the appeal, including the offering of witness testimony.

(9) The board of trustees may allow additional time for presentation of or response to an appeal, but such time must be equally apportioned between the appellant and the representatives of the school district.

(10) The board of trustees shall grant or deny the appeal during the same meeting in which the appeal is considered.

(11) A decision of the board of trustees to grant or deny an appeal under this section is final and may only be further appealed under the applicable provisions of Texas Education Code, §7.057.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 23, 2018.

TRD-201801781

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: June 3, 2018

For further information, please call: (512) 475-1497