TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

CHAPTER 1. AGENCY ADMINISTRATION

SUBCHAPTER A. GENERAL PROVISIONS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter A, §1.18, Operation of Education Resource Centers. Specifically, this repeal removes the Educational Resource Center rule so that it can be replaced with an updated subchapter.

Texas Education Code, §61.027, provides the Coordinating Board with general rule making authority. Texas Education Code, §1.005 and §1.006, govern Education Resource Centers.

Rule 1.18, Operation of Education Resource Centers, repeals a rule that will be replaced with an updated subchapter.

Melissa Humphries, Assistant Commissioner for Data Management and Research, has determined that for each of the first five years the section is in effect, there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Melissa Humphries, Assistant Commissioner for Data Management and Research, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be to repeal the Educational Resource Center rule that will be replaced with an updated subchapter. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Melissa Humphries, Assistant Commissioner for Data Management and Research, P.O. Box 12788, Austin, Texas 78711-2788, or via email at RulesComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The repeal is proposed under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to make rules and Texas Education Code, Sections 1.005and 1.006, which govern Education Resource Centers and the Advisory Board.

The proposed repeal affects Texas Education Code, Sections 1.005 and 1.006.

§1.18. Operation of Education Resource Centers.

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 July 23, 2026.

TRD-202603057

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6546

SUBCHAPTER H. CERTIFICATION ADVISORY COUNCIL

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter H, §1.136 and §§1.139 - 1.141, concerning Certification Advisory Council. Specifically, these amendments will align the rules with the new rules on private postsecondary institutions in the new proposed Chapter 7.

Texas Education Code, §61.314, authorizes these amendments.

Rule 1.136, Definitions, is amended to align the definitions with the definitions in the new proposed Chapter 7.

Rule 1.139, Meetings, is amended to remove a reference to a Board Committee that no longer meets.

Rule 1.140, Tasks Assigned to the Council, is amended to align with the terminology used in the new Proposed Chapter 7.

Rule 1.141, Report to the Board; Evaluation of Council Costs and Effectiveness, is amended to remove an unnecessary requirement.

Daniel Pérez, Associate Commissioner for Academic and Workforce Initiatives, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Daniel Pérez, Associate Commissioner for Academic and Workforce Initiatives, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be to align the Certification Advisory Council rules with the new rules on private postsecondary institutions in the new proposed Chapter 7. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to, Daniel Pérez, Associate Commissioner for Academic and Workforce Initiatives, P.O. Box 12788, Austin, Texas 78711-2788, or via email at RulesComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

The amendment is proposed under Texas Education Code, Section 61.314.

The proposed amendment affects Texas Education Code, Section 61.314.

§ 1.136. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings:

(1) Board--The governing Board of the agency known as the Texas Higher Education Coordinating Board.

(2) Commissioner--The Commissioner of Higher Education . [ , the Chief Executive Officer of the Board. ]

(4) [ (3) ] Certificate of Authority-- Statutory term under Texas Education Code, §61.304, used for temporary authorization granted by the Board to a non-exempt institution which does not have Coordinating Board-recognized institutional accreditation. This chapter refers to a Certificate of Authority as a Provisional Certificate to Operate. [ The Board's approval of postsecondary institutions (other than exempt institutions), with operations in the State of Texas, to confer degrees or courses applicable to degrees, or to solicit students for enrollment in institutions that confer degrees or courses applicable to degrees. ]

(5) [ (7) ] Recognized Accrediting Agency--Any accrediting agency the standards of accreditation or membership for which have been found by the Board to be sufficiently comprehensive and rigorous to qualify its institutional members for an exemption from the operation of Chapter 7 of this title (relating to Degree Granting Colleges and Universities Other Than Texas Public Institutions).

(6) [ (8) ] Site visit report--The report produced by the site review team in accordance with the procedures outlined in Chapter 7 . [ , Subchapter A, §7.8(3)(I) of this title (relating to Institutions Not Accredited by a Board Recognized Accreditor). ]

§ 1.139. Meetings.

The council shall meet on a quarterly basis scheduled no later than the first day of the month prior to the month that the Board [ Committee on Academic and Workforce Success ] meets. A quarterly meeting may be cancelled if no actions are pending requiring advice from the Certification Advisory Council. A quarterly meeting may be rescheduled if a quorum of members cannot be met. Special meetings may be called as deemed appropriate by the presiding officer. Meetings shall be open to the public and broadcast via the web, unless prevented by technical difficulties, and minutes shall be made available to the public after they have been prepared by the Board staff and reviewed by members of the council.

§ 1.140. Tasks Assigned to the Council.

Tasks assigned to the council may include:

(1) Review the site visit report and an institution's response for each Provisional Certificate to Operate [ Certificate of Authority ] application;

(2) Make recommendations regarding the Provisional Certificate to Operate [ Certificate of Authority ] application to the Board;

(3) Review requests by an accrediting agency for recognition by the Board; and

(4) Perform other duties related to certification that the Board requests of the council.

§ 1.141. Report to the Board[ ; Evaluation of Council Costs and Effectiveness ].

The council presiding officer shall timely report any recommendations to the Board [ but ] on no less than an annual basis. [ The council shall also report council activities to the Board to allow the Board to properly evaluate the council's work, usefulness, and the costs related to the council's existence. The Board shall report its evaluation to the Legislative Budget Board in its biennial Legislative Appropriations Request. ]

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 July 23, 2026.

TRD-202603058

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6299

SUBCHAPTER Y. EDUCATION RESEARCH CENTERS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter Y, §§1.280 - 1.287, concerning Education Research Centers. Specifically, these new sections will clarify the standards for approval of projects by Education Research Centers (ERCs) and provide updated operational rules for the ERCs.

Texas Education Code, §1.005 and §1.006, govern ERCs and the ERC Advisory Board.

Texas Education Code §61.027, provides the Coordinating Board with general rule making authority.

Rule 1.280, Definitions, provides definitions of terms used in the subchapter.

Rule 1.281, Establishment of ERCs, provides the framework for establishing Education Research Centers.

Rule 1.282, Responsibility of Parties, outlines the respective roles of the Coordinating Board and sponsoring Institutions of Higher Education.

Rule 1.283, Privacy and Data Security, outlines required data security standards.

Rule 1.284, Suspension and Revocation, provides a process for revoking or suspending data access.

Rule 1.285, Advisory Board, outlines the role of the ERC Advisory Board.

Rule 1.286, Operation of an ERC, identifies the structure, role, and responsibility of an ERC.

Rule 1.287, Sanctions and Termination, provides a process for handling a situation where an ERC is not in compliance with its statutory responsibility or these rules.

Melissa Humphries, Assistant Commissioner for Data Management and Research, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Melissa Humphries, Assistant Commissioner for Data Management and Research, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be to clarify the standards for approval of projects ERCs and provide updated operational rules for the ERCs. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Melissa Humphries, Assistant Commissioner for Data Management and Research, P.O. Box 12788, Austin, Texas 78711-2788, or via email at RulesComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The new sections are proposed under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt rules.

The proposed new sections affect Texas Education Code, Sections 1.005 and 1.006.

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 July 23, 2026.

TRD-202603059

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6546

CHAPTER 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS

SUBCHAPTER D. DUAL CREDIT PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND TEXAS PUBLIC COLLEGES

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter D, §§4.81 - 4.87, and new §4.88, concerning Dual Credit Partnerships Between Secondary Schools and Texas Public Colleges. Specifically, these amendments and new rule will improve transparency and implementation of dual credit rules. The Coordinating Board used negotiated rulemaking to consider the proposed amendments to the rules. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.

Texas Education Code, §28.009(b), §28.0095, §61.059(p), §130.001(b)(3) - (4) and §130.008, provide the Coordinating Board with the authority to regulate dual credit partnerships between public institutions of higher education and secondary schools with regard to lower division courses, and provide funding for dual credit courses, including courses offered under the FAST program.

Section 4.81, Purpose, is amended to specify that this subchapter is to provide rules and regulations for public institutions of higher education to engage in dual credit partnerships with secondary schools, including dual credit partnerships that are eligible for participation in the Financial Aid for Swift Transfer (FAST) Program pursuant to Chapter 13, Subchapter Q of this title.

Section 4.82, Authority, is amended to specify that Education Code, §§28.009(b), 28.0095, 61.059(p), 130.001(b)(3) - (4) and 130.008 provide the Coordinating Board with the authority to provide funding for dual credit courses, including courses offered for dual credit under the FAST program.

Section 4.83, Definitions, is amended by removing definitions for Avocational Course and Equivalent of a Semester Credit Hour. The definition of Career and Technical Education Course in this subchapter was replaced and is defined as a college-level course awarding semester credit hours and contained in the Workforce Education Course Manual (WECM). A definition of Dual Credit was added and defined as a system under which an eligible high school student enrolls in college course(s) and receives credit for the course(s) from both the college and the high school. The definition of Dual Credit Course was replaced and defined as a course for which a student earns joint high school and college credit at an institution of higher education under Education Code, §130.008 or §28.009, and is one of the following course types: (i) a core curriculum course of the institution of higher education; (ii) a career and technical education course; (iii) a foreign language course. Language was added to specify that an Early College Education Program (Early College High School) or Other Early College Program may offer courses for dual credit that are not limited to dual credit courses types defined in this section if the course assists a student in earning a Board-approved certificate or associate degree while in high school. A definition of Early College Education Program (Early College High School) was added and defined as an early college education program as defined in, and meeting the requirements of, Texas Education Code, §29.908. A definition of Other Early College Program was added and defined as an early college program developed via an institutional agreement in partnership between an institution of higher education and a high school or school district that offers a course or courses that assist a student in earning a Board-approved certificate or associate degree while in high school. The definitions in this section were renumbered to account for those definitions that were added or removed.

Section 4.84, Institutional Agreements, is amended by removing language that requires institutions of higher education to report to the Coordinating Board a list of school districts and private schools with which it has agreements under this section, and the URL where these agreements are posted on the institution's Internet website. Reference to Texas Education Code, 130A.004 and 130A.101(c)(3), were removed as statutes from which statewide goals were developed.

Section 4.85, Dual Credit Requirements, is amended by replacing title of subsection (b) Student Eligibility with Student Eligibility for Dual Credit Course Enrollment. Language was added that: (1) requires a high school student to attend a public school, private school, parochial school, or a home school, to enroll in a dual credit course; (2) allow students to enroll in course that does not require demonstration of Texas Success Initiative college readiness, or a course that is part of a Level 1 workforce education certificate, without having to demonstrate enrollment eligibility requirements applicable to an academic course or a workforce education course that is part of a Level 2 workforce education certificate or an applied associate degree and requires demonstration of Texas Success Initiative college readiness. Language was added require a student who enrolls in an academic course, or a workforce education course that is part of a Level 2 workforce education certificate or an applied associate degree, and requires demonstration of Texas Success Initiative college readiness, to: (1) demonstrate that they are exempt under the provisions of the Texas Success Initiative as set forth in §4.54 (relating to Exemption), (2) demonstrate college readiness by achieving the minimum passing standards under the provisions of the Texas Success Initiative as set forth in §4.57 (relating to Texas Success Initiative Assessment College Readiness Standards) on relevant section(s) of an assessment instrument approved by the Board as set forth in §4.56 (relating to Texas Success Initiative Assessment Instrument); (3) meet the eligibility requirements for a Texas First Diploma under §4.402 (relating to Eligibility for Texas First Diploma); or (4) Achieve one of the following scores relevant to the Texas Success Initiative eligibility requirements of the course:

(I) State of Texas Assessment of Academic Readiness End of Course (STAAR EOC)

(-a-) a minimum score of 4000 on the English II STAAR EOC; and/or

(-b-) a minimum score of 4000 on the Algebra I STAAR EOC and passing grade in the Algebra II course;

(II) Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT)

(-a-) a score of 460 on the evidence-based reading and writing (EBRW) test; and/or

(-b-) a score of 510 on the mathematics test;

(III) PreACT

(-a-) a combined score of 40 on the English and Reading (E+R) tests; and/or

(-b-) score of 22 on the mathematics test.

Language was added that requires an institution of higher education to apply the same enrollment and admission criteria and conditions for a high school student who attends a public, private, parochial, or home school, in accordance with Texas Education Code, §51.9675 (Equal Access to Dual Credit Courses). Language was added that states an institution of higher education is not required to offer dual credit courses for high school students.

Section 4.86, Optional Dual Credit or Dual Enrollment Program: College Connect Courses, is amended by adding language to update the title of Texas Administrative Code §4.57 to Texas Success Initiative Assessment College Readiness Standards. Language was added to update the title of Texas Administrative Code §4.87 to Dual Credit Course Funding.

Section 4.87, Dual Credit Course Funding, is amended by replacing the language of subsection (a) Funding with (a) Dual Credit Course Funding. Language was added that states a Dual Credit Course, a course offered under an Early College Education Program (Early College High School), or a course offered under an Other Early College Program, may be submitted for funding under Texas Education Code, §61.059(p), or Chapter 13, Subchapter W of this title (relating to Community College Finance Program: Base and Performance Tier Methodology Beginning in Fiscal Year 2027) if the course is: (1) A course in the core curriculum; (2) A foreign language course; (3) A career and technical education course; (4) A course in a program of study; or (5) A course in a field of study. Language was added that permits an institution of higher education to submit a Dual Credit Course, a course offered under an Early College Education Program (Early College High School), or a course offered under an Other Early College Program, for funding under the FAST program of Chapter 13, Subchapter Q of this title (relating to Financial Aid for Swift Transfer (FAST) Program) only if the course meets all requirements of that subchapter. Language was added that permits a public junior college to report a course for funding for which a high school student may earn college credit that does not otherwise meet the requirements of this subchapter for the purpose of calculating base tier funding according to the provisions of Chapter 13, Subchapter W of title 19. Such a course is not considered a dual credit course under Title 19, Part 1. Language was added that indicates this subchapter does not prohibit an Early College High School under Texas Education Code, §28.908, from participating in or receiving funding under the FAST program of Chapter 13, Subchapter Q of Title 19. Language was added that permits an institution of higher education to waive all or part of tuition and fees for a Texas high school student enrolled in a course for which the student may receive dual credit.

Section 4.88, Effective Date, is established to provide an effective date.

Daniel R. Pérez, Associate Commissioner for Academic & Workforce Initiatives, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Daniel R. Pérez, Associate Commissioner for Academic & Workforce Initiatives, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be improving transparency and implementation of dual credit rules. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Daniel R. Pérez, Associate Commissioner for Academic & Workforce Initiatives, P.O. Box 12788, Austin, Texas 78711-2788, or via email at AHAComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments and new section is proposed under Texas Education Code, Section 28.009(b), which provides authority to the Coordinating Board to adopt rules on dual credit.

The proposed amendments and new section affects Texas Education Code, Sections 51.9675 and 28.009(b).

§ 4.81. Purpose.

This subchapter provides rules and regulations for public institutions of higher education to engage in dual credit partnerships with secondary schools, including dual credit partnerships that are eligible for participation in the Financial Aid for Swift Transfer (FAST) Program pursuant to Chapter [ chapter ] 13, Subchapter [ subchapter ] Q of this title (relating to Financial Aid for Swift Transfer (FAST) Program).

§ 4.82. Authority.

Education Code, §§28.009(b), 28.0095, 61.059(p), 130.001(b)(3) - (4) and 130.008, provide the Coordinating Board with the authority to regulate dual credit partnerships between public institutions of higher education and secondary schools with regard to lower division courses, and provide funding for dual credit courses, including courses offered for dual credit under the FAST program.

§ 4.83. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) [ (2) ] Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.

(3) [ (4) ] Certificate--A Certificate Program as defined in Education Code, §61.003(12).

(4) [ (5) ] College Board Advanced Placement (also referred to as Advanced Placement or AP)-- An advanced academic high school course authorized by College Board potentially leading to college credit based on the student's score on the Advanced Placement exam. [ College-level courses and exams available to secondary students under the auspices of an approved College Board program. ]

(5) [ (6) ] Commissioner--The Commissioner of Higher Education.

(6) [ (7) ] Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including the agency staff.

(7) [ (8) ] Credit--College credit earned through the successful completion of a college career and technical education or academic course that fulfills specific requirements necessary to obtain an industry-recognized credential, certificate, associate degree, or other academic degree.

(8) [ (9) ] Degree-Seeking Student--A student who has filed a degree plan with an institution of higher education or is required to do so pursuant to Education Code , §51.9685.

(13) [ (12) ] Field of Study Curriculum (FOSC)--A Board-approved set of courses authorized under Subchapter B of this chapter (relating to Transfer of Credit, Core Curriculum and Field of Study Curricula) that satisfies lower-division requirements for a baccalaureate degree in a specific academic area at a general academic teaching institution. A field of study curriculum is designed to facilitate transfer of courses toward designated academic degree programs at public junior colleges, public technical institutes, or universities.

(14) [ (13) ] Home School--A private school that provides secondary education instruction in a bona fide manner from curriculum designed to meet basic education goals at or through a child's home by the parent or a person standing in parental authority.

(15) [ (14) ] Institution of Higher Education or Institution--A public institution of higher education as defined in Education Code, §61.003(8).

(16) [ (15) ] International Baccalaureate Diploma Program (also referred to as IB)--The curriculum and examinations leading to an International Baccalaureate diploma awarded by the International Baccalaureate Organization.

(17) [ (16) ] Locally Articulated College Credit--Credit earned through a high school course that fulfills specific requirements identified by a college for a career and technical education course and provides a pathway for high school students to earn credit toward a technical certificate or technical degree at a partnering institution of higher education upon high school graduation.

(18) [ (17) ] Program of Study Curriculum (POSC)--A block of courses which is designed to progress in content specificity for an industry or career cluster while also incorporating rigorous college and career readiness standards, authorized under Education Code , §61.8235. A POSC generally incorporates multiple entry and exit points for participating students with portable demonstrations of technical or career competency, including credit transfer agreements or industry-recognized credentials.

(19) [ (18) ] Public Two-Year College--Any public junior college, public technical institute, or public state college as defined in Education Code, §61.003.

(20) [ (19) ] School District--Under this subchapter, school district includes a charter school or district operating under Education Code, Chapter [ chapter ] 12, unless otherwise specified.

(21) [ (20) ] Semester Credit Hour--A unit of measure of instruction, represented in intended learning outcomes and verified by evidence of student achievement, that reasonably approximates one hour of classroom instruction or direct faculty instruction and a minimum of two hours out of class student work for each week over a 15-week period in a semester system or the equivalent amount of work over a different amount of time. An institution is responsible for determining the appropriate number of semester credit hours awarded for its programs in accordance with federal definitions, requirements of the institution's accreditor, and commonly accepted practices in higher education.

§ 4.84. Institutional Agreements.

(a) Need for Institutional Agreements. For any dual credit partnership between a school district or private school and an institution, an agreement must be approved by the governing boards or designated authorities (e.g., superintendent or chief academic officer) of both the public school district or private secondary school, as applicable, and the institution prior to the offering of such courses. [ Each institution shall report to the Coordinating Board a list of school districts and private schools with which it has agreements under this section, and the URL where these agreements are posted on the institution's Internet website. ]

(b) Elements of Institutional Agreements. An Institutional Agreement entered into or renewed between an institution and a school district or private school, including a memorandum of understanding or articulation agreement, shall include the following elements:

(1) Eligible Courses;

(2) Student Eligibility;

(3) Location of Class;

(4) Student Composition of Class;

(5) Faculty Selection, Supervision, and Evaluation;

(6) Course Curriculum, Instruction, and Grading;

(7) Academic Policies and Student Support Services;

(8) Transcripting of Credit;

(9) Funding, including the sources of funding for courses offered under the program, including, at a minimum, the sources of funding for tuition, transportation, and any required fees, instructional materials, or textbooks for students participating in the program, including for students eligible to take dual credit courses at no cost to the student under the FAST program, under Texas Administrative Code, Chapter 13, Subchapter Q;

(10) All requirements for joint implementation of the FAST program under Education Code, §28.0095, including ensuring the accurate and timely exchange of information necessary for an eligible student to enroll at no cost in a dual credit course, for eligible public schools and students participating in the FAST program, under Texas Administrative Code, Chapter 13, Subchapter Q;

(11) Defined sequences of courses that apply to academic or career and technical education program requirements at the institution or industry-recognized credentials, where applicable;

(12) Specific program goals aligned with the statewide goals developed under Education Code, §§28.009(b-1)[ , 130A.004, and 130A.101(c)(3) ];

(13) Coordinated advising strategies and terminology related to dual credit and college readiness, including strategies to assist students in selecting courses that will satisfy applicable high school and college requirements for the student's intended program;

(14) Provision for the alignment of endorsements described by Education Code, §28.025(c-1), offered by the school district and dual credit courses offered under the agreement that apply toward those endorsements with postsecondary pathways and credentials at the institution and industry-recognized credentials;

(15) Identification of tools, including online resources developed by the Texas Education Agency, Coordinating Board, or the Texas Workforce Commission, to assist counselors, students, and families in selecting endorsements offered by the school district and college courses offered by the institution under the agreement;

(16) A procedure for establishing the course credits that may be earned under the agreement, including developing a course equivalency crosswalk or other method of identifying the number of high school and college credits that may be earned for each course completed through the program;

(17) A description of the academic supports and, if applicable, other support that will be provided to students participating in the program (e.g., transportation to and from a college campus);

(18) The respective roles and responsibilities of the institution of higher education and the school district or private school in providing the program and ensuring the quality of instruction and instructional rigor of the program;

(19) A requirement that the school district and the institution consider the use of free or low-cost open educational resources in courses offered under the program; and

(20) Designation of at least one employee of the school district or private school, or the institution as responsible for providing academic advising to a student who enrolls in a dual credit course under the program before the student begins the course.

(c) Each Agreement must be posted each year on the institution of higher education's and the school district's respective Internet websites.

(d) Institutional Agreements for Dual Credit Purposes Between Institutions and Home schools.

(1) An institution that has an institutional agreement with a public school district, charter school or private secondary school for the purpose of a dual credit partnership shall similarly accept or offer an institutional agreement with a home school.

(2) An institution may not, on the basis that a school is a home school, deny, delay, or obstruct the provision or execution of an institutional agreement with the home school, or impose additional criteria, conditions, or requirements pertaining to the institutional agreement that would not otherwise be applicable to institutional agreements with a public school district, charter school or private secondary school. Final decisions regarding such agreements remain at the discretion of the institution, provided it otherwise complies with the requirements of this section.

(3) For the purpose of approving, signing, and executing an institutional agreement between an institution and a home school, the institution shall recognize a home school as having equivalent approval and signatory authority to a private secondary school as described by subsection (a) of this section.

§ 4.85. Dual Credit Requirements.

(a) Eligible Courses.

(1) An institution may offer any dual credit course as defined in §4.83(10) [ §4.83(11) ] of this subchapter (relating to Definitions).

(2) A dual credit course offered by an institution must be in the approved undergraduate course inventory of the institution.

(3) An Early College High School may offer any dual credit course as defined in §4.83(10) [ §4.83(11) ] or Texas Education Code, §28.009 and §130.008, subject to the provisions of Subchapter G of this chapter (relating to Early College High Schools).

(4) An institution may not offer a remedial or developmental education course for dual credit. This limitation does not prohibit an institution from offering a dual credit course that incorporates Non-Course-Based College Readiness content or other academic support designed to increase the likelihood of student success in the college course, including any course offered under §4.86 of this subchapter (relating to Optional Dual Credit Program: College Connect Courses).

(b) Student Eligibility for Dual Credit Course Enrollment.

(c) Location of Class. An institution may teach dual credit courses on the college or university campus or on the high school campus.

(1) For dual credit courses taught exclusively to high school students on the high school campus and for dual credit courses taught via distance education, the institution shall comply with Chapter 2, Subchapter J, of this title (relating to Approval of Distance Education for Public Institutions).

(2) An institution may offer the same dual credit course to a high school student who attends a public, private, parochial, or home school, through an alternate delivery method (e.g., distance education, asynchronous online, or hybrid format) if the existing method is not reasonably accessible to that student.

(3) An institution is not required to create an additional section of the same course in another format or location (e.g., on campus, distance education, asynchronous online, or hybrid) to serve high school students.

(d) Composition of Class. A dual credit course may be composed of dual credit students only or of a mixture of dual credit and college students. Notwithstanding the requirements of subsection (e) of this section, exceptions for a mixed class that combines dual credit students and high school credit-only students may be allowed when the creation of a high school credit-only class is not financially viable for the high school and only under one of the following conditions:

(1) If the course involved is required for completion under the State Board of Education High School Program graduation requirements;

(2) If the high school credit-only students are College Board Advanced Placement or International Baccalaureate students; or

(3) If the course is a career and technical education course and the high school credit-only students are eligible to earn articulated college credit.

(e) Faculty Selection, Supervision, and Evaluation. Each institution shall apply the standards for selection, supervision, and evaluation for instructors of dual credit courses as required by the institution's accreditor. A high school teacher may only teach a high school course offered through a dual credit agreement if the teacher is approved by the institution offering the dual credit course.

(f) Course Curriculum, Instruction, and Grading. The institution shall ensure that a dual credit course offered at a high school is at least equivalent in quality to the corresponding course offered at the main campus of the institution with respect to academic rigor, curriculum, materials, instruction, and methods of student evaluation. These standards must be upheld regardless of the student composition of the class, location, and mode of delivery.

(g) Academic Policies and Student Support Services.

(1) Regular academic policies applicable to courses taught at an institution's main campus must also apply to dual credit courses. These policies may include the appeal process for disputed grades, drop policy, the communication of grading policy to students, when the syllabus must be distributed, etc. Additionally, each institution is strongly encouraged to provide maximum flexibility to high school students in dual credit courses, consistent with the institution's academic policies, especially with regard to drop policies, to encourage students to attempt rigorous courses without potential long-term adverse impacts on students' academic records.

(2) Each student in a dual credit course must be eligible to utilize support services that are appropriate for dual credit students. The institution is responsible for ensuring timely and efficient access to such services (e.g., academic advising and counseling), to learning materials (e.g., library resources), and to other benefits for which the student may be eligible.

(3) A student enrolled in a dual credit course at an institution shall file a degree plan with the institution as prescribed by Texas Education Code, §51.9685.

(h) Transcripting of Credit. Each institution or high school shall immediately transcript the credit earned by a student upon a student's completion of the performance required in the course.

§ 4.86. Optional Dual Credit or Dual Enrollment Program: College Connect Courses.

(a) Authority. These rules are authorized by Texas Education Code, §§28.009(b), 28.0095, 130.001(b)(3) - (4), and 130.008.

(b) Purpose. The purpose of this rule is to encourage and authorize public institutions of higher education to deliver innovatively designed dual credit courses that integrate both college-level content in the core curriculum of the institution alongside college-readiness content and skills instruction. These innovatively designed courses will allow students the maximum flexibility to obtain college credit and provide integrated college readiness skills to students who are on the continuum of college readiness and will benefit from exposure to college-level content.

(c) Student eligibility. An eligible student must be enrolled in a public school district or open-enrollment charter as defined in Texas Education Code, §5.001(6), and meet the requirements of §4.85(b) of this subchapter (relating to Dual Credit Requirements). Notwithstanding §4.85(b), an institution may enroll a high school student who is not exempt or college ready under the requirements of §4.54 or §4.57 of this chapter (relating to Exemptions, and Texas Success Initiative Assessment College Readiness Standards [ Exceptions, and Waivers and College Ready Standards ], respectively) in a math or communications College Connect Course offered by the institution.

(d) Course content. The following standards apply to delivery of College Connect Courses offered under this rule:

(1) An institution may only offer College Connect Courses within the institution's core curriculum in accordance with §4.28 of this chapter (relating to Core Curriculum).

(2) An institution shall also incorporate supplemental college readiness content to support students who have not [ yet ] demonstrated college readiness, as defined in §4.57, within these courses. The supplemental college readiness content shall be related to and integrated with the subject matter of the course. An institution may deliver this supplemental instruction through a method at their discretion, including through embedded course content, supplemental coursework, or other methods.

(e) The Coordinating Board may provide technical assistance to an institution of higher education or school district in developing and providing these courses.

(f) Additional Academic Policies.

(1) College Connect Courses offered through dual credit must confer both a college-level grade and a secondary-level grade upon a student's successful completion of the course. A grade conferred for the college-level course may be different from the secondary-level grade, to reflect whether a student has appropriately demonstrated college-level knowledge and skills as well as secondary-level knowledge and skills. An institution may determine how a student enrolled in this course may earn college credit, whether through college-level course completion or successful completion of a recognized college-level assessment that the institution would otherwise use to award college credit.

(2) An institution must enter into an institutional agreement with the secondary school according to §4.84 of this subchapter (relating to Institutional Agreements) to offer College Connect Courses.

(3) [ (4) ] Hours earned through this program before the student graduates from high school that are used to satisfy high school graduation requirements do not count against the limitation on formula funding for excess semester credit hours under §13.104 of this title (relating to Exemptions for Excess Hours).

(g) Funding and Tuition. The Coordinating Board shall fund College Connect Courses in accordance with §4.87 of this subchapter (relating to Dual Credit Course Funding).

§ 4.87. Dual Credit Course Funding.

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 July 23, 2026.

TRD-202603060

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6299

CHAPTER 7. DEGREE GRANTING COLLEGES AND UNIVERSITIES OTHER THAN TEXAS PUBLIC INSTITUTIONS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 7, Subchapter A, §§7.1 - 7.16, General Provisions; and Subchapter B, §§7.50 - 7.57, Approval for Participation in the State Authorization Reciprocity Agreement (SARA) for Private or Independent Institutions of Higher Education and Private Postsecondary Educational Institutions. Specifically, Chapter 7 is being repealed and replaced with new Chapter 7 rules for clarity.

Texas Education Code, Chapter 61, Subchapter G, §§61.301 - 61.321 and Subchapter H, §§61.401 - 61.405, authorizes the Coordinating Board to regulate the awarding or offering of degrees, awarding or offering credit toward degrees, and use of certain academic terms by private postsecondary educational institutions and out-of-state public postsecondary educational institutions, Chapter 132, relating to career schools and colleges, and Texas Education Code, §61.05121, authorizes the Coordinating Board to administer state participation in State Authorization Reciprocity Agreements.

The Coordinating Board proposes the repeal of Chapter 7 as part of an effort to update agency rules. These new subchapters in Chapter 7 represent a structural overhaul of the private postsecondary rules designed to provide clarity for institutions by dividing key topic areas into separate subchapters to ensure the rules are clearly aligned with current practice and statutory authority.

Daniel R. Pérez, Associate Commissioner for Academic & Workforce Initiatives, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Daniel R. Pérez, Associate Commissioner for Academic & Workforce Initiatives, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as the result of adopting these rules will be providing clarity for institutions by dividing key topic areas into separate subchapters and ensuring that the rules are clearly aligned with current practice and statutory authority. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Daniel R. Pérez, Associate Commissioner for Academic & Workforce Initiatives, P.O. Box 12788, Austin, Texas 78711-2788, or via email at AHAComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

SUBCHAPTER A. GENERAL PROVISIONS

The repeal is proposed under Texas Education Code, Chapter 61, Subchapter G, §§61.301 - 61.321 and Subchapter H, §§61.401 - 61.405, which authorizes the Coordinating Board to regulate the awarding or offering of degrees, awarding or offering credit toward degrees, and use of certain academic terms by private postsecondary educational institutions and out-of-state public postsecondary educational institutions, and Chapter 132, relating to career schools and colleges.

The proposed repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 7, Subchapter A, §§7.1 - 7.16.

§7.1. Purpose.

§7.2. Authority.

§7.3. Definitions.

§7.4. Standards for Operation of Institutions.

§7.5. Administrative Injunctions, Limitations, and Penalties.

§7.6. Recognition of Accrediting Agencies.

§7.7. Institutions Accredited by Board-Recognized Accreditors.

§7.8. Institutions Not Accredited by a Board-Recognized Accreditor.

§7.9. Religious Institutions Offering Degrees in Religious Disciplines.

§7.10. Registration of Agents.

§7.11. Changes of Ownership and Other Substantive Changes.

§7.12. Review and Use of Degrees from Institutions Not Eligible for Certificates of Authority.

§7.13. Student Data Reporting.

§7.14. Distance Education Approval Processes for Degree Granting Colleges and Universities Other Than Texas Public Institutions.

§7.15. Academic Records Maintenance, Protection, and Repository of Last Resort.

§7.16. Financial Protections for Student Tuition and Fees.

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 July 23, 2026.

TRD-202603062

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6299

SUBCHAPTER B. APPROVAL FOR PARTICIPATION IN THE STATE AUTHORIZATION RECIPROCITY AGREEMENT (SARA) FOR PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION AND PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTIONS

The repeal is proposed under Texas Education Code, §61.05121, which authorizes the Coordinating Board to administer state participation in State Authorization Reciprocity Agreements.

The proposed repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 7, Subchapter B, §§7.50 - 7.57.

§7.50. Purpose.

§7.51. Authority.

§7.52. Definitions.

§7.53. Eligibility Criteria.

§7.54. Admission to SARA.

§7.55. Maintaining Eligibility.

§7.56. Complaint Resolution.

§7.57. Out-of-state SARA Participants.

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 July 23, 2026.

TRD-202603063

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6299

SUBCHAPTER A. GENERAL PROVISIONS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 7, Subchapter A, §§7.1 - 7.3, General Provisions; Subchapter B, §§7.13 - 7.25, Standards for Operation of Postsecondary Educational Institutions; Subchapter C, §§7.36 - 7.39, Recognition of Institutional Accrediting Agencies; Subchapter D, §§7.50 - 7.53, Certificate of Agent Registration; Subchapter E, §§7.65 - 7.74, Authorization of Accredited Institutions; Subchapter F, §§7.83 - 7.98, Requirements for Application, Renewal, and Amendments to a Provisional Certificate to Operate; Subchapter G, §§7.108 - 7.113, Requirements for Discontinuation or Revocation of a Provisional Certificate to Operate; Subchapter H, §§7.121 - 7.125, Review and Use of Degrees from Institutions Not Eligible for a Provisional Certificate to Operate; Subchapter I, §§7.135 - 7.137, Change of Ownership or Control and Other Substantive Changes; Subchapter J, §§7.148 - 7.151, Closure of a Private Postsecondary Educational Institution; Subchapter K, §§7.163 - 7.169, Administrative Injunctions, Limitations, and Penalties; Subchapter L, §§7.180 - 7.185, Student Data and Protections; Subchapter M, §§7.196 - 7.199, Distance Education Approval for Degree-granting Educational Institutions Outside of Texas; Subchapter N, §§7.210 - 7.217, Participation in the State Authorization Reciprocity Agreement (SARA). Specifically, these new subchapters in Chapter 7 represent a structural overhaul of the private postsecondary rules designed to provide clarity for institutions by dividing key topic areas into separate subchapters and ensuring that the rules are clearly aligned with current practice and statutory authority.

The Coordinating Board is required to promulgate this chapter under Texas Education Code (TEC), Chapter 61, Subchapter G (§§61.301 - 61.321), which governs the regulation of private postsecondary educational institutions and public out-of-state postsecondary institutions operating in Texas, TEC, Subchapter B (§61.026), related to advisory committees, TEC, Subchapter G (§61.314), relating to an advisory council on private postsecondary educational institutions, TEC, Subchapter H (§§61.401 - 61.405), relating to the regulation of academic terminology, and TEC, Chapter 132, which pertains to career schools and colleges.

Subchapter A. General Provisions (§§7.1 - 7.3)

Section 7.1, Authority and Purpose, identifies the relevant statutes that govern the regulation of private postsecondary institutions and defines that the purpose of the chapter is to establish the standards and procedures to which these institutions must adhere.

Section 7.2, Definitions, establishes definitions for key terms relevant to the chapter.

Section 7.3, Non-Oversight of Religious Instruction Degrees, clarifies that institutions providing religious instruction only are exempt from the requirements of this chapter.

Subchapter B. Standards for Operation of Postsecondary Educational Institutions (§§7.13 - 7.25)

Section 7.13, Purpose and Applicability, defines the purpose of the standards and identifies the institutions that are required to meet the requirements of the subchapter.

Section 7.14, Standard I-Legal Compliance, defines that institutions are required to follow all applicable federal, state, and local laws, as well as any regulations and ordinances for operation of an institution and business in Texas.

Section 7.15, Standard II-Institutional Structure and Administration, specifies the requirements each institution must meet to have the appropriate administrative structure that supports its mission, ensures accountability, and protects the interests of students, faculty, and staff.

Section 7.16, Standard III-Financial Resources and Records, specifies the requirements each institution must meet to ensure adequate financial resources and financial stability to provide education of good quality and to fulfill its commitments to students.

Section 7.17, Standard IV-Faculty Resources, specifies the requirements each institution must meet to ensure it has the necessary faculty resources to deliver an education that ensures student success and that is consistent with the objectives of each course and degree program offered.

Section 7.18, Standard V-Facilities, specifies the requirements each institution must meet to ensure it has adequate space, equipment, and instructional materials to provide education of good quality.

Section 7.19, Standard VI-Student Support, specifies the requirements each institution must meet to ensure it has student support services that ensure student success during enrollment at the institution and after graduation.

Section 7.20, Standard VII-Student Rights and Responsibilities, specifies the requirements each institution must meet to ensure it adheres to, and makes publicly available, clear policies on student conduct, due process, and grievance procedures, including student grievance procedures.

Section 7.21, Standard VIII-Curriculum, specifies the requirements each institution must meet to ensure that for each degree program proposed, the institution has clearly structured and academically rigorous program that aligns with the institution's mission and learning objectives.

Section 7.22, Standard IX-Learning Resources, specifies the requirements each institution must meet to ensure the institution provides access for faculty and students to current, organized, inventoried, and discipline-appropriate learning materials, instructional support, online learning resources and policies, and learning management systems.

Section 7.23, Standard X-Learning Outcomes and Program Assessment, specifies the requirements each institution must meet to ensure it has defined and appropriate learning outcomes and methods for assessing success in its degree programs.

Section 7.24, Standard XI-Institutional Assessment, specifies the requirements each institution must meet to ensure ongoing institutional assessment to improve academic programs, administration, finances, student services, facilities, and other operations.

Section 7.25, Standard XII-Policies, Procedures and Publications, specifies the requirements each institution must meet to maintain appropriate, publicly available, up-to-date policies, procedures, and publications for the fair and transparent operation of the institution.

Subchapter C. Recognition of Institutional Accrediting Agencies (§§7.36 - 7.39)

Section 7.36, Eligibility Criteria for Institutional Accrediting Agency Recognition, establishes criteria that accrediting agencies must meet in order to be recognized by the Coordinating Board.

Section 7.37, Application for Accrediting Agency Recognition, establishes the process for accreditors to submit an application to the Coordinating Board for recognition as an accrediting agency.

Section 7.38, Maintenance of Accrediting Agency Recognition, establishes the steps an accrediting agency must take in order to maintain Board-recognition.

Section 7.39, Denial or Withdrawal of Board-Recognition, establishes the criteria and steps for a withdrawal of Board approval.

Subchapter D. Certificate of Agent Registration (§§7.50 - 7.53)

Section 7.50, Activities Requiring a Certificate of Agent Registration, specifies the conditions under which an individual must register with the Coordinating Board as an agent.

Section 7.51, Required Application for a Certificate of Agent Registration, identifies the steps required to apply for a Certificate of Agent Registration.

Section 7.52, Reapplication for a Certificate of Agent Registration, specifies the time frames required for reapplication of the Certificate.

Section 7.53, Revocation of a Certificate of Agent Registration, outlines the criteria for revocation and the steps taken upon revocation.

Subchapter E. Authorization of Accredited Institutions (§§7.65 - 7.74)

Section 7.65, Requirement to Apply for Accredited Institution Authorization, identifies the entities which are required to apply for a Certificate of Authorization and limitations on applications.

Section 7.66, Application for a Certificate of Authorization, sets forth the scope of the application and the information which must be included in the application.

Section 7.67, Board Review and Issuance of Certificate of Authorization, provides the process for review and issuance of a Certificate of Authorization.

Section 7.68, Annual Compliance Review of Certificates of Authorization, provides information which must be submitted to ensure an institution has continued compliance with the requirements for a Certificate of Authorization. The annual compliance reports are divided by institution name and presented over two board meetings to allow sufficient time for timely review.

Section 7.69, Changes During Operation under a Certificate of Authorization, provides a time requirement for reporting changes while operating under a Certificate of Authorization. These changes may require issuance of a revised Certificate of Authorization after review by the Coordinating Board.

Section 7.70, Certificates of Authorization Expiration and Renewal, provides length of time a Certificate of Authorization will be valid and the process to request renewal of the Certificate of Authorization.

Section 7.71, Criteria for Initiating Revocation Procedures for a Certificate of Authorization, identifies the conditions under which the Coordinating Board has authority to initiate revocation procedures for an institution's Certificate of Authorization.

Section 7.72, Revocation Procedures for a Certificate of Authorization, provides the process for notification of the revocation procedures and steps for institutional request for review and appeal of revocation decision.

Section 7.73. Temporary Provisional Certificate to Operate, establishes criteria under which the Commissioner may transition an institution to a temporary Provisional Certificate to Operate and procedures required for the transition.

Section 7.74, Placing Conditions on a Certificate of Authorization, establishes procedures by for institutional notifications and procedures for the institution request a review or appeal of the conditions.

Subchapter F. Requirements for Application, Renewal, and Amendments to a Provisional Certificate to Operate (§§7.83 - 7.98)

Section 7.83, Purpose and Applicability, establishes that the subchapter is to outline the requirements for a Provisional Certificate to Operate and applies to non-accredited institutions that meet certain criteria.

Section 7.84, Restrictions on Professional Degrees, outlines the statutory limitations for professional degrees for institutions operating under a Provisional Certificate to Operate.

Section 7.85, Application for a Provisional Certificate to Operate, outlines the application requirements that institutions must meet.

Section 7.86, Required Fees, outlines requirements related to fees associated with initial applications, renewals, and amendments to Provisional Certificates to Operate.

Section 7.87, Required Desk Review, outlines the requirements for a desk review related to a Provisional Certificate to Operate and the potential outcomes associated with a desk review.

Section 7.88, Required Site Visit and Site Visit Team, outlines the requirements for a site visit related to a Provisional Certificate to Operate and the potential outcomes associated with a site visit.

Section 7.89, Site Visit Team Assessment, outlines the possible ratings an institution can receive for its initial application on each Standard for Operation in Subchapter B, and the outcomes associated with each rating.

Section 7.90, Ratings Required for the Renewal of a Provisional Certificate to Operate, outlines the possible ratings an institution can receive on its renewal application for each Standard for Operation in Subchapter B, and the outcomes associated with each rating.

Section 7.91, Site Visit Report and Applicant Response, outlines the steps required to prepare and submit a site visit report and the process to submit an institutional response.

Section 7.92, Recommendation to the Commissioner and Board, outlines the steps required for Coordinating Board staff to submit a recommendation to the Commissioner and the expectation for the Commissioner's review.

Section 7.93, Board Review and Issuance of Provisional Certificate to Operate, outlines the steps required for Board decision regarding a Provisional Certificate to Operate and the outcomes associated with a Board decision.

Section 7.94, Required Notices, Reporting and Record-keeping, establishes requirements limitations and requirements for institutions operating under a Provisional Certificate to Operate.

Section 7.95, Representing Transferability of Credit with Provisional Certificate to Operate, establishes limitations on how institutions may enroll students in courses designed to transfer to another institution.

Section 7.96, Amendments to a Provisional Certificate to Operate, establishes limitations and requirements for submitting an amendment to a Provisional Certificate to Operate.

Section 7.97, Renewal of a Provisional Certificate to Operate, outlines the steps required for a Board decision regarding an application to renew a Provisional Certificate to Operate.

Section 7.98, Right to Request Hearing, summarizes the right of the institution to appeal a decision regarding a Provisional Certificate to Operate.

Subchapter G. Requirements for Discontinuation or Revocation of a Provisional Certificate to Operate (§§7.108 - 7.113)

Section 7.108, Purpose and Applicability, establishes requirements for discontinuation or revocation of a Provisional Certificate to Operate.

Section 7.109, Discontinuing a Degree Program While Under a Provisional Certificate to Operate, outlines the steps an institution must take when discontinuing a degree program.

Section 7.110, Revocation of Provisional Certificate to Operate, outlines the circumstances under which the Board may revoke a Provisional Certificate to Operate and the requirements of that institution after revocation.

Section 7.111, Cessation of Operation and Teach-Out Agreements after Revocation of a Provisional Certificate to Operate, outlines the steps an institution must take once it receives notice of Board revocation.

Section 7.112, Requirements for Teach-Out Agreements, establishes requirements that institutions must follow when developing teach-out agreements during closure, revocation or discontinuation.

Section 7.113, Reapplication after Revocation of Provisional Certificate to Operate, outlines the limitations for an institution to reapply for a Provisional Certificate to Operate after revocation, and defines the additional review criteria an institution must meet.

Subchapter H. Review and Use of Degrees from Institutions Not Eligible for a Provisional Certificate to Operate (§§7.121 - 7.125)

Section 7.121, Entities Which May Have Degrees Eligible for Review, lists qualifications of entities for which the Coordinating Board may undertake a review of its degrees.

Section 7.122, Persons Who May Request Review of a Degree from an Institution Which is Not Eligible for a Provisional Certificate to Operate a Non-accredited institution, allows a person who holds a degree from a described entity to request review of the person's degree.

Section 7.123, Review of a Degree from an Entity Which is Not Eligible for a Provisional Certificate to Operate, describes the standards for determining equivalency of a degree.

Section 7.124, Recommendation to the Commissioner, provides the process for submitting the reviewer report to the Commissioner for final determination of equivalency of the degree.

Section 7.125, Fees for Review of a Degree, states the basis for the fee.

Subchapter I. Change of Ownership or Control and Other Substantive Changes (§§7.135 - 7.137)

Section 7.135, Change in Ownership or Control, provides the activities considered changes of ownership, changes of control, and other substantive changes administered under this subchapter.

Section 7.136, Requirements to Maintain Authorization to Operate during a Change in Ownership, provides requirements that must be following to maintain a Certificate of Authorization or Provisional Certificate to Operate.

Section 7.137, Other Substantive Changes, lists notifications that are expected from the private postsecondary educational institution's Single Point of Contact throughout the period when an institution holds a Certificate of Authorization or a Provisional Certificate to Operate.

Subchapter J. Closure of a Private Postsecondary Educational Institution (§§7.148 - 7.151)

Section 7.148, Notification of Closure, requires prior notification to the Coordinating Board prior to closure or immediately if the closure is unexpected.

Section 7.149, Withdrawal of Authority to Operate Upon Closure, verifies that authorization to operate ends upon closure. The section allows the Assistant Commissioner who has oversight of the closing institution to approve closure plans and teach-out agreements.

Section 7.150, Requirements for a Closing Private Postsecondary Educational Institution to Protect Students, ensures the students of a closing institution can complete their education.

Section 7.151, Limited Authorization to Teach Out Students of a Closed Private Postsecondary Education Institution, provides parameters under which limited authorization may be given to teach out students when the teach-out institution is not currently authorized to offer the closing degree programs.

Subchapter K. Administrative Injunctions, Limitations, and Penalties (§§7.163 - 7.169)

Section 7.163, Prohibited Conduct, limits the activities a person or institution may engage in unless authorized by the Coordinating Board.

Section 7,164, Publication of Authorized and Unauthorized Degrees, describes the information the Board will publish regarding accreditation and authorization of private postsecondary educational institutions.

Section 7.165, Limitations on Educational Institutions, includes specific limitations for activities on federal land and the use of Associate of Occupational Studies degrees.

Section 7,166, Criminal Offenses, cites Texas Code under which criminal offenses may be found.

Section 7.167, Administrative and Civil Penalties, details penalties the Commissioner may impose and request to the Texas Attorney General to initiate civil proceedings.

Section 7.168, Other Legal Remedies, cites Texas Code under which other legal remedies may be pursued and references of violations to the Texas Attorney General.

Section 7.169, Process for Notice and Appeal of Penalty Assessment, provides the process to notify a person or institution of any violation, penalty, or right to a hearing. The section provides the deadlines for responses.

Subchapter L. Student Data and Protections (§§7.180 - 7.185)

Section 7.180, Student Data Reporting, requires institutions to submit annual student data to the Coordinating Board.

Section 7.181, Academic Records Maintenance and Protection, states the requirements for maintaining student academic records, the format of such records, and protection of student personally identifiable information.

Section 7.182, Academic Records Management Upon Private Postsecondary Institution Closure, provides the timeline for securing and submitting student records upon closure. The section provides requirements for transferring student records to third parties and the ability for the Commissioner to seek court authority to take possession of such records.

Section 7.183, Closed Institution Records Repository of Last Resort, identifies the Coordinating Board as the repository of last resort, documentation that will be provided to students of closed institutions, and the ability to utilize a third party as the custodian of record to fulfill transcript requests.

Section 7.184, Financial Protections for Student Tuition and Fees, sets forth the financial protections that must be maintained to ensure students, parents or guardians, or another entity paying tuition and fees on behalf of students, are reimbursed for unearned tuition and fees.

Section 7.185, Student Tuition and Fee Recovery Process, provides the process to recover unearned tuition and fees. The section defines a qualifying event which triggers the process.

Subchapter M. Distance Education Approval for Degree-granting Educational Institutions (§§7.196 - 7.199)

Section 7.196, Applicability of Distance Education Exemption to Institution Outside of Texas, identifies the institutions which may be exempt when offering distance education to Texas residents.

Section 7.197, Distance Education Exemption for Institution Outside of Texas, provides the scope of the exemption and limitations to the exemption.

Section 7.198, Inapplicability of Distance Education Exemption, identifies institutions for which the distance education exemption does not apply.

Section 7.199, Principles of Best Practice for Distance Education, lists best practices all institutions offering distance education must follow.

Subchapter N. Participation in the State Authorization Reciprocity Agreement (SARA) (§§7.210 - 7.217)

Section 7.210, Purpose and Applicability, defines the Coordinating Board's role in overseeing private institutions that participate in State Authorization Reciprocity Agreements (SARA).

Section 7.211, Authority, authorizes the Coordinating Board as the SARA State Portal Entity (SPE) to manage the state's and state private institutions' participation in SARA.

Section 7.212, Eligibility Criteria, provides location and accreditation requirements to participate in SARA.

Section 7.213, Admission to SARA, lists application requirements and fees, the review process, and information institutions are required to submit or agree to follow.

Section 7.214, Denial for SARA Participation, describes the denial and appeal process.

Section 7.215, Maintaining SARA Participation Eligibility, provides steps an institution must take to remain eligible to participate in SARA. Institutions may be removed for violation of SARA standards or requirements.

Section 7.216, Complaint Resolution, lists information institutions must include in a complaint resolution policy related to student complaints regarding violation of SARA policy. The section provides the process for Coordinating Board SPE staff to review and resolve appeals of an institution's resolution of a student complaint.

Section 7.217, Out-of-State SARA Participants, states that Coordinating Board SPE staff are the primary point of contact for out-of-state SARA participants. The section provides violations under which the Coordinating Board may take appropriate action against an out-of-state SARA participating institution.

Brandon Griggs, Assistant Commissioner for Academic & Health Affairs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Brandon Griggs, Assistant Commissioner for Academic & Health Affairs, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the improved rule clarity and navigability through consolidation of rules for similar programs. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rules; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Daniel R. Pérez, Associate Commissioner for Academic & Workforce Initiatives, P.O. Box 12788, Austin, Texas 78711-2788, or via email at AHAComments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The new sections are proposed under Texas Education Code, Chapter 61, Subchapter G (§§61.301 - 61.321), which governs the regulation of private postsecondary educational institutions and public out-of-state postsecondary institutions operating in Texas. This includes Subchapter B (§61.026), related to advisory committees, Subchapter G (§61.314), relating to an advisory council on private postsecondary educational institutions, Subchapter H (§§61.401 - 61.405), relating to the regulation of academic terminology, and Texas Education Code, Chapter 132, which pertains to career schools and colleges.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 7.

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 July 23, 2026.

TRD-202603064

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6226

SUBCHAPTER B. STANDARDS FOR OPERATION OF POSTSECONDARY EDUCATIONAL INSTITUTIONS

The new sections are proposed under Texas Education Code, Chapter 61, Subchapter G (§§61.301 - 61.321), which governs the regulation of private postsecondary educational institutions and public out-of-state postsecondary institutions operating in Texas. This includes Subchapter B (§61.026), related to advisory committees, Subchapter G (§61.314), relating to an advisory council on private postsecondary educational institutions, Subchapter H (§§61.401 - 61.405), relating to the regulation of academic terminology, and Texas Education Code, Chapter 132, which pertains to career schools and colleges.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 7.

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 July 23, 2026.

TRD-202603065

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6226

SUBCHAPTER C. RECOGNITION OF INSTITUTIONAL ACCREDITING AGENCIES

The new sections are proposed under Texas Education Code, Chapter 61, Subchapter G (§§61.301 - 61.321), which governs the regulation of private postsecondary educational institutions and public out-of-state postsecondary institutions operating in Texas. This includes Subchapter B (§61.026), related to advisory committees, Subchapter G (§61.314), relating to an advisory council on private postsecondary educational institutions, Subchapter H (§§61.401 - 61.405), relating to the regulation of academic terminology, and Texas Education Code, Chapter 132, which pertains to career schools and colleges.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 7.

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 July 23, 2026.

TRD-202603066

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6226

SUBCHAPTER D. CERTIFICATE OF AGENT REGISTRATION

The new sections are proposed under Texas Education Code, Chapter 61, Subchapter G (§§61.301 - 61.321), which governs the regulation of private postsecondary educational institutions and public out-of-state postsecondary institutions operating in Texas. This includes Subchapter B (§61.026), related to advisory committees, Subchapter G (§61.314), relating to an advisory council on private postsecondary educational institutions, Subchapter H (§§61.401 - 61.405), relating to the regulation of academic terminology, and Texas Education Code, Chapter 132, which pertains to career schools and colleges.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 7.

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 July 23, 2026.

TRD-202603067

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6226

SUBCHAPTER E. AUTHORIZATION OF ACCREDITED INSTITUTIONS

The new sections are proposed under Texas Education Code, Chapter 61, Subchapter G (§§61.301 - 61.321), which governs the regulation of private postsecondary educational institutions and public out-of-state postsecondary institutions operating in Texas. This includes Subchapter B (§61.026), related to advisory committees, Subchapter G (§61.314), relating to an advisory council on private postsecondary educational institutions, Subchapter H (§§61.401 - 61.405), relating to the regulation of academic terminology, and Texas Education Code, Chapter 132, which pertains to career schools and colleges.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 7.

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 July 23, 2026.

TRD-202603068

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6226

SUBCHAPTER F. REQUIREMENTS FOR APPLICATION, RENEWAL, AND AMENDMENTS TO A PROVISIONAL CERTIFICATE TO OPERATE

The new sections are proposed under Texas Education Code, Chapter 61, Subchapter G (§§61.301 - 61.321), which governs the regulation of private postsecondary educational institutions and public out-of-state postsecondary institutions operating in Texas. This includes Subchapter B (§61.026), related to advisory committees, Subchapter G (§61.314), relating to an advisory council on private postsecondary educational institutions, Subchapter H (§§61.401 - 61.405), relating to the regulation of academic terminology, and Texas Education Code, Chapter 132, which pertains to career schools and colleges.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 7.

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 July 23, 2026.

TRD-202603069

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6226

SUBCHAPTER G. REQUIREMENTS  FOR  DISCONTINUATION  OR  REVOCATION OF A  PROVISIONAL CERTIFICATE TO OPERATE

The new sections are proposed under Texas Education Code, Chapter 61, Subchapter G (§§61.301 - 61.321), which governs the regulation of private postsecondary educational institutions and public out-of-state postsecondary institutions operating in Texas. This includes Subchapter B (§61.026), related to advisory committees, Subchapter G (§61.314), relating to an advisory council on private postsecondary educational institutions, Subchapter H (§§61.401 - 61.405), relating to the regulation of academic terminology, and Texas Education Code, Chapter 132, which pertains to career schools and colleges.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 7.

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 July 23, 2026.

TRD-202603070

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6226

SUBCHAPTER H. REVIEW AND USE OF DEGREES FROM INSTITUTIONS NOT ELIGIBLE FOR A PROVISIONAL CERTIFICATE TO OPERATE

The new sections are proposed under Texas Education Code, Chapter 61, Subchapter G (§§61.301 - 61.321), which governs the regulation of private postsecondary educational institutions and public out-of-state postsecondary institutions operating in Texas. This includes Subchapter B (§61.026), related to advisory committees, Subchapter G (§61.314), relating to an advisory council on private postsecondary educational institutions, Subchapter H (§§61.401 - 61.405), relating to the regulation of academic terminology, and Texas Education Code, Chapter 132, which pertains to career schools and colleges.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 7.

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 July 23, 2026.

TRD-202603071

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6226

SUBCHAPTER I. CHANGE OF OWNERSHIP OR CONTROL AND OTHER SUBSTANTIVE CHANGES

The new sections are proposed under Texas Education Code, Chapter 61, Subchapter G (§§61.301 - 61.321), which governs the regulation of private postsecondary educational institutions and public out-of-state postsecondary institutions operating in Texas. This includes Subchapter B (§61.026), related to advisory committees, Subchapter G (§61.314), relating to an advisory council on private postsecondary educational institutions, Subchapter H (§§61.401 - 61.405), relating to the regulation of academic terminology, and Texas Education Code, Chapter 132, which pertains to career schools and colleges.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 7.

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 July 23, 2026.

TRD-202603072

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6226

SUBCHAPTER J. CLOSURE OF A PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTION

The new sections are proposed under Texas Education Code, Chapter 61, Subchapter G (§§61.301 - 61.321), which governs the regulation of private postsecondary educational institutions and public out-of-state postsecondary institutions operating in Texas. This includes Subchapter B (§61.026), related to advisory committees, Subchapter G (§61.314), relating to an advisory council on private postsecondary educational institutions, Subchapter H (§§61.401 - 61.405), relating to the regulation of academic terminology, and Texas Education Code, Chapter 132, which pertains to career schools and colleges.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 7.

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 July 23, 2026.

TRD-202603073

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6226

SUBCHAPTER K. ADMINISTRATIVE  INJUNCTIONS, LIMITATIONS, AND PENALTIES

The new sections are proposed under Texas Education Code, Chapter 61, Subchapter G (§§61.301 - 61.321), which governs the regulation of private postsecondary educational institutions and public out-of-state postsecondary institutions operating in Texas. This includes Subchapter B (§61.026), related to advisory committees, Subchapter G (§61.314), relating to an advisory council on private postsecondary educational institutions, Subchapter H (§§61.401 - 61.405), relating to the regulation of academic terminology, and Texas Education Code, Chapter 132, which pertains to career schools and colleges.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 7.

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 July 23, 2026.

TRD-202603074

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6226

SUBCHAPTER L. STUDENT DATA AND PROTECTIONS

The new sections are proposed under Texas Education Code, Chapter 61, Subchapter G (§§61.301 - 61.321), which governs the regulation of private postsecondary educational institutions and public out-of-state postsecondary institutions operating in Texas. This includes Subchapter B (§61.026), related to advisory committees, Subchapter G (§61.314), relating to an advisory council on private postsecondary educational institutions, Subchapter H (§§61.401 - 61.405), relating to the regulation of academic terminology, and Texas Education Code, Chapter 132, which pertains to career schools and colleges.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 7.

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 July 23, 2026.

TRD-202603075

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6226

SUBCHAPTER M. DISTANCE EDUCATION APPROVAL FOR DEGREE-GRANTING EDUCATIONAL INSTITUTIONS

The new sections are proposed under Texas Education Code, Chapter 61, Subchapter G (§§61.301 - 61.321), which governs the regulation of private postsecondary educational institutions and public out-of-state postsecondary institutions operating in Texas. This includes Subchapter B (§61.026), related to advisory committees, Subchapter G (§61.314), relating to an advisory council on private postsecondary educational institutions, Subchapter H (§§61.401 - 61.405), relating to the regulation of academic terminology, and Texas Education Code, Chapter 132, which pertains to career schools and colleges.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 7.

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 July 23, 2026.

TRD-202603076

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6226

SUBCHAPTER N. PARTICIPATION IN THE STATE AUTHORIZATION RECIPROCITY AGREEMENT (SARA)

The new sections are proposed under Texas Education Code, Chapter 61, Subchapter G (§§61.301 - 61.321), which governs the regulation of private postsecondary educational institutions and public out-of-state postsecondary institutions operating in Texas. This includes Subchapter B (§61.026), related to advisory committees, Subchapter G (§61.314), relating to an advisory council on private postsecondary educational institutions, Subchapter H (§§61.401 - 61.405), relating to the regulation of academic terminology, and Texas Education Code, Chapter 132, which pertains to career schools and colleges.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 7.

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 July 23, 2026.

TRD-202603077

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6226

CHAPTER 13. FINANCIAL PLANNING

SUBCHAPTER G. TUITION AND FEES

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter G, §13.129, concerning Refund of Tuition and Mandatory Fees at Public Junior Colleges, State Colleges, and Technical Institute.

The Coordinating Board is authorized by Texas Education Code, §130.009, to adopt rules relating to the uniform dates for adding or dropping a course.

Rule §13.129, Refund of Tuition and Mandatory Fees at Public Junior Colleges, State Colleges, and Technical Institute, is amended to provide additional clarity regarding the specific institutions that are subject to the rule and is retitled accordingly.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has determined that for each of the first five years the section is in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the alignment between statute and agency rules. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

The amendment is proposed under Texas Education Code, Section 130.009, which provides the Coordinating Board with the authority to adopt rules relating to the uniform dates for adding or dropping a course.

The proposed amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter G.

§ 13.129. Refund of Tuition and Mandatory Fees at Public Junior Colleges[ , State Colleges, ] and Certain Technical Institutes [ Institute ].

(a) Authority. Authority for this section is Texas Education Code, §130.009.

(b) Applicability and Refund Schedule. This section applies only to [ A ] public junior colleges, as defined in §13.1 of this chapter (relating to Definitions), the Lamar Institute of Technology, and the Texas State Technical College System, collectively and herein "affected institutions." [ college, public state college, or public technical institute, collectively public two-year college as defined in §13.1(29) of this chapter (relating to Definitions), ] As [ as ] soon as practicable, affected institutions shall at a minimum refund tuition and mandatory fees in excess of the minimum tuition collected for courses from which the students drop or withdraw, according to the schedule provided in the Figure: 19 TAC §13.129(b).

Figure: 19 TAC §13.129(b) (No change.)

(1) An affected institution [ A public two-year college ] shall use the definition of "class day" in §13.1 of this chapter in applying the provisions of this subsection.

(2) An affected institution [ A public two-year college ] shall apply the percentages indicated in the Figure: 19 TAC §13.129(b) to the tuition and mandatory fees collected for each course from which the student is withdrawing.

(3) An affected institution [ A public two-year college ] may not delay a refund on the grounds that the student may withdraw from the affected institution [ public two-year college ] later in the semester or term.

(c) Prior to the census date, an affected institution [ a public two-year college ] may allow hours to be dropped and re-added without penalty to the student if the exchange is an equal one. When the charges for dropped hours are greater than for the hours added, the affected institution [ public two-year college ] shall apply the refund policy outlined in subsection (b) of this section for the net charges being dropped. If the charges for hours being added exceed the charges for hours being dropped, the student must pay the net additional charges.

(d) An affected institution [ A public two-year college ] shall refund tuition and mandatory fees paid by a sponsor, donor, or scholarship to the source rather than directly to the student who has withdrawn if the funds were made available through the affected institution [ public two-year college ].

(e) If a student withdraws because the student is called into active military service, the affected institution [ public two-year college ], at the student's option, shall:

(1) refund the tuition and fees paid by the student for the semester in which the student withdraws;

(2) grant a student, who is eligible under the affected institution's [ public two-year college's ] guidelines, an incomplete grade in all courses by designating "withdrawn-military" on the student's transcript; or

(3) as determined by the instructor, assign an appropriate final grade or credit to a student who has satisfactorily completed a substantial amount of course work and who has demonstrated sufficient mastery of the course material.

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 July 23, 2026.

TRD-202603078

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6495

SUBCHAPTER P. TUITION EXEMPTIONS AND WAIVERS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter P, §13.472, concerning Educational Aide Exemption. Specifically, this amendment will clarify the manner by which the Coordinating Board will disburse and re-allocate, as applicable, allocated funds for the program. The Coordinating Board convened a negotiated rulemaking committee to consider the proposed amendments to the rule. The committee reached a general consensus on the proposal, and the proposed rule substantively reflects the committee's determinations. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.

The Coordinating Board is authorized by Texas Education Code, §54.363, to adopt rules relating to the exemption.

Rule 13.472, Educational Aide Exemption, is amended by adding subsection (i), which describes by reference to §22.12 and §22.13 the method by which the Coordinating Board will disburse and re-allocate funding for this exemption to participating institutions.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has determined that for each of the first five years the section is in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the improved transparency regarding the disbursement and re-allocation of state financial aid funding. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under Texas Education Code, Section 54.363, which provides the Coordinating Board with the authority to adopt rules relating to the exemption.

The proposed amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter P.

§13.472. Educational Aide Exemption.

(a) Authority. Authority for this section is provided in the Texas Education Code, §54.363.

(b) Definitions. In addition to the words and terms defined in §13.460 of this subchapter (relating to Definitions), the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Educational Aide--A person who has been employed by a public school district in Texas in a teaching capacity working in the classroom directly with the students for at least one year on a full-time basis. It may include substitute teachers who have been employed by a public school district in Texas for 180 or more full days in a teaching capacity working in the classroom directly with students.

(2) Program--The Educational Aide Exemption Program.

(c) Eligible Institutions.

(1) Eligibility. Any institution of higher education, as defined in §13.1 of this chapter (relating to Definitions), is eligible to participate in the Program.

(2) Participation.

(A) Agreement. Each eligible institution must enter into an agreement with the Board, the terms of which shall be prescribed by the Commissioner, prior to indicating its intent to participate in the program.

(B) Intent to Participate. Subject to subsection (c)(2)(A), to receive an allocation for the forthcoming fiscal year, an eligible institution must indicate its intent to participate in the program in the applicable year in the manner prescribed and by the deadline established by the Coordinating Board.

(3) A participating institution shall offer an exemption under this section to a student meeting the eligibility requirements established in subsection (e) of this section, except that an institution is not required to offer exemptions beyond those funded through appropriations specifically designated for this purpose. An institution may establish criteria by which applicants are prioritized if appropriated funds are insufficient to offer an exemption to all eligible students for a given term.

(4) A participating institution shall use institutional matching funds to cover at least 10 percent of each recipient's exemption.

(d) Institutional Responsibilities. Institutions participating in the Program shall disburse funds in accordance with §22.2 of this title (relating to Timely Disbursement of Funds), retain records in accordance with §22.4 of this title (relating to Records Retention) and comply with the provisions of §22.9 of this title (relating to Institutional Responsibilities) with respect to the Program.

(e) Eligible Students. To be eligible to receive an exemption under this section, a student must:

(1) Submit a completed application for an exemption to the student's institution;

(2) Be a Resident of Texas, as defined in §22.1 of this title (relating to Definitions);

(3) Have met the definition of Educational Aide established in subsection (b) of this section at some time during the last five years preceding the term or semester for which the student would receive an initial exemption;

(4) Be employed in any capacity by a school district or open-enrollment charter school in Texas during the full term for which the student would receive the exemption;

(5) Show financial need, as defined in §13.460 of this subchapter;

(6) be enrolled at an eligible institution in courses required for teacher certification in one or more subject areas determined by the Commissioner of Education to be experiencing a critical shortage at the public schools of this state;

(7) meet the satisfactory academic progress requirements described by §13.463 of this subchapter (relating to Satisfactory Academic Progress) unless granted a hardship waiver by the institution in accordance with §13.464 of this subchapter (relating to Hardship Provisions); and

(8) meet applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration).

(f) Notwithstanding subsection (e)(6) of this section, a student who previously received an exemption under this section remains [remain] eligible if the student:

(1) is enrolled at an eligible institution in courses required for teacher certification; and

(2) meets the eligibility requirements of subsection (e) of this section other than the requirement in subsection (e)(6).

(g) Exemption Amount. A student receiving an exemption under this section is exempt from the payment of resident tuition and required fees, other than laboratory and class fees, taken during the relevant term.

(h) Allocations. Allocations are to be determined on an annual basis as follows:

(1) All eligible institutions will be invited annually to participate in the program allocation process, as described by subsection (c)(2)(B) of this section.

(2) The annual appropriation will be divided equally between all participating institutions.

(3) Allocation calculations will be shared with all eligible institutions for comment prior to final posting. Institutions will be given 10 business days, beginning the day of the notice's distribution and excluding state holidays, to confirm their interest in participating in the program.

(j) [(i)] Exemption from Student Teaching. A person who has not previously received a baccalaureate degree and who receives a baccalaureate degree required for a teaching certificate on the basis of coursework completed while receiving an exemption under this section may not be required to participate in any field experience of internship consisting of student teaching to receive a teaching certificate.

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

Filed with the Office of the Secretary of State on July 23, 2026.

TRD-202603079

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6495

CHAPTER 22. STUDENT FINANCIAL AID PROGRAMS

SUBCHAPTER A. GENERAL PROVISIONS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter A, §§22.1, 22.8, and 22.11, concerning General Provisions. Specifically, these amendments will create an alternative method of calculating financial need for certain students and establish additional procedures relating to institutions' authority to transfer limited amounts of allocated funds between certain financial aid programs.

The Coordinating Board is authorized by Texas Education Code, §56.0035, to adopt rules to carry out the purposes of that chapter.

Rule 22.1, Definitions, is amended by adding a new definition for "full-time, full-year cost of attendance" and amending the definition of "financial need." A student's Student Aid Index (SAI) is the output of the Free Application for Federal Student Aid (FAFSA) form and approximates a student's means for financing his/her own higher education. Most state financial aid programs are based upon the concept "financial need," which is calculated by subtracting a student's SAI from his/her cost of attendance (COA). When financial need is positive, a student becomes eligible for need-based aid and typically can receive funds up to that need amount.

However, the recent federal FAFSA Simplification Act eliminated institutions' ability to prorate a student's SAI, which previously was common practice, most notably for students who intend to graduate early (i.e., at the end of the fall semester in a typical academic year). For these students, cost of attendance is prorated due to their shortened enrollment in the academic year. Accordingly, these students, whose economic circumstances have not changed have been made ineligible for state aid with no change in state policy.

The amendments to this section allow for an alternative calculation of financial need for students who will not be enrolled for the entire academic year. Rather than using the student's actual cost of attendance, an institution may instead use the newly created "full-time, full-year cost of attendance," which is the basis for the calculation of a student's eligibility for the federal Pell Grant program. This change will allow for these students to be assessed for state aid eligibility on an equal basis to their peers.

Rule 22.8, Financial Aid Adjustments, is amended to describe situations in which an "over award" (a situation in which a student's total financial assistance exceeds the amount for which they are eligible) occurs for the student whose financial need is calculated using the full-time, full-year cost of attendance. For these students, an over award occurs if the student's total financial assistance exceeds either the student's actual cost of attendance (i.e., not the student's full-time, full-year cost of attendance) or, in a given semester, one-half of the student's financial need. This ensures that the alternative calculation of financial need, which is intended to ensure impacted students are assessed on an equal basis, does not create an advantage for those students with regard to their state aid eligibility.

Rule 22.11, Authority to Transfer Funds, is amended to create subsection (c), which establishes the circumstances in which the Coordinating Board may reverse all or part of a transfer. With the proposed addition of §22.13, which sets limits on the amount of unencumbered funds an institution may carry forward from the first to the second year of a biennium and establishes procedures for supplemental allocations using unencumbered funds in excess of that limit, subsection (c) ensures that unencumbered transferred funds are restored to their original funding source. Although this provision was considered outside the scope of the negotiated rulemaking committee convened by the Coordinating Board to consider proposed rule amendments regarding carry-forward provisions and supplemental allocations, it does reflect the committee's consensus view that the original funding source should dictate the supplemental allocation through which unencumbered funds should be distributed.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the consistent application of financial aid rules in light of changes in federal policy, as well as improved clarity and alignment regarding institutions' financial management of state financial aid funds. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

The amendments are proposed under Texas Education Code, Section 56.0035, which provides the Coordinating Board with the authority to adopt rules to carry out the purposes of that chapter.

The proposed amendments affect Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter A.

§ 22.1. Definitions.

The following words and terms, when used in chapter 22, shall have the following meanings, unless otherwise defined in a particular subchapter:

(1) Academic Year--The combination of semesters defined by a public or private institution of higher education to fulfill the federal "academic year" requirement as defined by 34 CFR 668.3.

(2) Attempted Semester Credit Hours--Every course in every semester for which a student has been registered as of the official Census Date, including but not limited to, repeated courses and courses the student drops and from which the student withdraws. For transfer students, transfer hours and hours for optional internship and cooperative education courses are included if they are accepted by the receiving institution towards the student's current program of study.

(3) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.

(4) Categorical Aid--Gift aid that the institution does not award to the student, but that the student brings to the school from a non-governmental third party.

(5) Commissioner--The Texas Commissioner of Higher Education.

(6) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board, including agency staff.

(7) Cost of Attendance/Total Cost of Attendance--An institution's estimate of the expenses incurred by a typical financial aid recipient in attending a particular institution of higher education. It includes direct educational costs (tuition and fees) as well as indirect costs (room and board, books and supplies, transportation, personal expenses, and other allowable costs for financial aid purposes).

(8) Credit--College credit earned through the successful completion of a college career and technical education or academic course that fulfills specific requirements necessary to obtain an industry-recognized credential, certificate, associate degree, or other academic degree.

(9) Degree or Certificate Program of Four Years or Less--A baccalaureate degree, associate degree, or certificate program other than a program determined by the Coordinating Board to require four years or more to complete.

(10) Degree or Certificate Program of More Than Four Years--A baccalaureate degree or certificate program determined by the Coordinating Board to require more than four years to complete.

(11) Encumber--Program funds that have been officially requested by an institution through procedures developed by the Coordinating Board.

(12) Equivalent of a Semester Credit Hour--A unit of measurement for a continuing education course, determined as a ratio of one continuing education unit to ten contact hours of instruction, which may be expressed as a decimal. For the purpose of conversion, 1.6 continuing education units of instruction equals one semester credit hour of instruction. In a continuing education course, not fewer than sixteen contact hours are equivalent to one semester credit hour.

(13) Expected Family Contribution (EFC)--A student's Student Aid Index, as the term is defined in this section.

(14) Federal Pell Grant Student Aid Index Cap or Federal Pell Grant Eligibility Cap--The maximum Pell Grant amount allowed under federal law in a given fiscal year.

(15) Financial Need--The Cost of Attendance at a particular institution of higher education or private or independent institution of higher education less the Student Aid Index as those terms are defined in this section. For the purposes of verifying student eligibility and calculating financial aid amounts for programs under this chapter, an institution may calculate the financial need of a student who will not be enrolled for the entire academic year using the student's full-time, full-year cost of attendance, as defined in this section, subject to the limitations described in §22.8(b)(1)(B) of this subchapter (relating to Financial Aid Adjustments).

(16) Forecast--The FORECAST function in Microsoft Excel, or a comparable forecasting function.

(17) Full-Time--For undergraduate students, enrollment or expected enrollment for the equivalent of twelve or more semester credit hours per semester. For graduate students, enrollment or expected enrollment for the normal full-time course load of the student's program of study as defined by the institution.

(19) [ (18) ] General Academic Teaching Institution--As defined in Texas Education Code, §61.003.

(20) [ (19) ] Gift Aid--Grants, scholarships, exemptions, waivers, and other financial aid provided to a student without a requirement to repay the funding or earn the funding through work.

(21) [ (20) ] Graduate Student--A student who has been awarded a baccalaureate degree and is enrolled in coursework leading to a graduate or professional degree.

(22) [ (21) ] Half-Time--For undergraduates, enrollment or expected enrollment for the equivalent of at least six but fewer than nine semester credit hours per regular semester. For graduate students, enrollment or expected enrollment for the equivalent of 50 percent of the normal full-time course load of the student's program of study as defined by the institution.

(23) [ (22) ] Institution of Higher Education--As defined by Texas Education Code, §61.003.

(24) [ (23) ] Medical or Dental Unit--As defined by Texas Education Code, §61.003.

(25) [ (24) ] Period of Enrollment--The semester or semesters within the current state fiscal year (September 1 - August 31) for which the student was enrolled in an approved institution and met all eligibility requirements for financial assistance offered under this chapter.

(26) [ (25) ] Private or Independent Institution of Higher Education--As defined by Texas Education Code, §61.003.

(27) [ (26) ] Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the Coordinating Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including the determination of student eligibility, selection of recipients, maintenance of all records, and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the institution's chief executive officer, the director of student financial aid shall serve as Program Officer.

(28) [ (27) ] Public Junior College--As defined by Texas Education Code, §61.003.

(29) [ (28) ] Public State College--As defined by Texas Education Code, §61.003.

(30) [ (29) ] Public Technical Institute--As defined by Texas Education Code, §61.003.

(31) [ (30) ] Resident of Texas--A resident of the State of Texas as determined in accordance with chapter 13, subchapter K, of this title (relating to Determination of Resident Status). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.

(32) [ (31) ] Semester--A payment period, as defined by 34 CFR 668.4(a) or 34 CFR 668.4(b)(1).

(33) [ (32) ] Semester Credit Hour--A unit of measure of instruction, represented in intended learning outcomes and verified by evidence of student achievement, that reasonably approximates one hour of classroom instruction or direct faculty instruction and a minimum of two hours out of class student work for each week over a 15-week period in a semester system or the equivalent amount of work over a different amount of time. An institution is responsible for determining the appropriate number of semester credit hours awarded for its programs in accordance with Federal definitions, requirements of the institution's accreditor, and commonly accepted practices in higher education.

(34) [ (33) ] Student Aid Index (SAI)--A measure utilized to calculate a student's financial need as regulated and defined by the methodology used for federal student financial aid.

(35) [ (34) ] Three-Quarter-Time--For undergraduate students, enrollment or expected enrollment for the equivalent of at least nine but fewer than twelve semester credit hours per semester. For graduate students, enrollment or expected enrollment for the equivalent of 75 percent of the normal full-time course load of the student's program of study as defined by the institution.

(36) [ (35) ] Undergraduate Student--An individual who has not yet received a baccalaureate degree.

§ 22.8. Financial Aid Adjustments.

(a) Withdrawal from Enrollment.

(1) Gift Aid. If a student officially withdraws from enrollment, then the institution shall reduce the student's gift aid by the same percentage by which the student's tuition has been reduced per the institution's general institutional refund policy.

(2) Loans. If a student officially withdraws from enrollment, the institution shall recalculate the student's cost of attendance to determine whether an adjustment to the student's state-funded loan aid is warranted.

(3) If the student withdraws or drops classes after the end of the institution's refund period, no refunds are due to the program(s) from which the student received financial assistance.

(b) Over Awards.

(1) An over award occurs when :

(A) a student's total financial assistance (including the student's state-funded and additional financial assistance) exceeds his/her financial need ; or

(2) If an over award occurs, the institution shall resolve the over award by recalculating the student's amount of state-funded financial assistance in accordance with the institution's procedures, except the institution is not required to recalculate the student's financial aid if:

(A) the over award occurred after state-funded financial assistance has been disbursed because the student received additional financial assistance that was not factored into the institution's estimate of his/her financial need; and

(B) the student's total financial assistance exceeds his/her need by $300 or less.

(c) Ineligibility.

(1) If an institution determines that a student is ineligible for financial assistance from one or more programs in this chapter after receiving financial assistance from the program(s), the institution shall adjust the student's financial aid in accordance with the institution's procedures to either resolve the eligibility issue or remove the student from the program(s).

(2) An institution may distribute gift aid funds for which a student has been deemed ineligible to a different eligible student or return the funds to the Coordinating Board in accordance with §22.2(a)(2) of this subchapter (relating to Timely Distribution of Funds).

(d) If, for some reason not already specified in this section, the amount of a student's disbursement exceeds the amount the student is eligible to receive, the institution shall recalculate the student's financial aid accordingly.

§ 22.11. Authority to Transfer Funds.

(a) An institution participating in two or more of the following programs: Toward EXcellence, Access and Success Grant, Texas Educational Opportunity Grant, Tuition Equalization Grant, and Texas College Work-Study Programs, in accordance with instructions from the Coordinating Board, may transfer current fiscal year funds up to the lesser of 25 percent or $60,000 between these programs. This threshold applies to the program from which the funds are transferred.

(b) An institution shall submit a request for transfer under subsection (a) of this section by the annual deadline published by the Coordinating Board, and the transfer must occur by July 1 of the current fiscal year.

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 July 23, 2026.

TRD-202603080

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6495

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter A, §22.12 and §22.13, concerning General Provisions. Specifically, these new sections will consolidate existing rules relating to the disbursement of allocated funds, establish new limitations on how allocated funds are carried forward within a legislative biennium, and codify Coordinating Board procedures relating to supplemental allocations. The Coordinating Board convened a negotiated rulemaking committee to consider the proposed rules. The committee reached a general consensus on the proposal, and the proposed rules substantively reflects the committee's determinations. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.

The Coordinating Board is authorized by Texas Education Code, §56.0035 to adopt rules necessary to carry out the purposes of that chapter.

Rule 22.12, Disbursement of Allocated Funds, is created. The rule is substantively similar to rules that currently exist within the individual subchapters of applicable programs. Subsection (a) describes the rule's applicability. Subsection (b) describes the current process by which institutions encumber allocated funds by requesting them from the Coordinating Board and disburse them timely to eligible students. Subsection (c) describes how unencumbered funds are treated after the August 1 deadline to encumber funds each fiscal year; in the first year of the biennium, they are managed in accordance with §22.13, and in the second year of the biennium, they are made available to the Coordinating Board for utilization in financial aid processing.

Rule 22.13, Allocation Carry-Forward; Supplemental Allocation, is created. The rule describes how unencumbered funds in the first year of a legislative biennium are treated and re-allocated, as applicable. Subsection (a) describes the rule's applicability. Subsection (b) limits an institution's ability to carry funds forward from the first to the second year of the biennium to 10 percent of the institution's allocation for that program in the first year of the biennium. Under current rule, this carry-forward provision is unlimited. This has created situations in which an institution, for whatever reason, has difficulty using its full allocation in the first year of the biennium, resulting in a sizeable amount being carried forward to the next year. The institution is then unable to use its second-year allocation plus the sizeable carry-forward, and the funds return to the Coordinating Board in accordance with program rules. By the time these funds are returned to the Coordinating Board, however, it is too late to reallocate the funds to other institutions, and the funds are lapsed. The new 10-percent limit allows for strategic applications of the carry-forward provision (e.g. known increases in enrollment, compensating for year-over-year allocation variability, etc.) while limiting potential inefficiencies.

Subsection (c) specifies that funds in excess of the 10-percent limit on carry forwards are returned to the Coordinating Board for use in a supplemental allocation. Subsection (d) describes the supplemental allocation process, which will begin with institutions electing whether to receive a supplemental allocation. Following that election process, the Coordinating Board will conduct the supplemental allocation using each program's same allocation methodology, excluding any institutions that elected not to receive supplemental funds.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the improved efficiency in administration of state financial aid programs. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The new sections are proposed under Texas Education Code, Section 56.0035, which provides the Coordinating Board with the authority to adopt rules necessary to carry out the purposes of that chapter.

The proposed new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter A.

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 July 23, 2026.

TRD-202603081

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6495

SUBCHAPTER B. TUITION EQUALIZATION GRANT PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter B, §22.30, concerning Disbursement of Funds. Specifically, this amendment will clarify the manner by which the Coordinating Board will disburse and re-allocate, as applicable, allocated funds for the Program. The Coordinating Board convened a negotiated rulemaking committee to consider the proposed amendments to the rule. The committee reached a general consensus on the proposal, and the proposed rule substantively reflects the committee's determinations. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.

The Coordinating Board is authorized by Texas Education Code, §61.229, to adopt rules relating to the Program.

Rule 22.30, Disbursement of Funds, is amended by replacing existing rule text with references to §22.12 and §22.13 to describe the method by which the Coordinating Board will disburse and re-allocate funding for this program to participating institutions.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has determined that for each of the first five years the section is in effect, there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the improved transparency regarding the disbursement and re-allocation of state financial aid funding. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under Texas Education Code, Section 61.229, which provides the Coordinating Board with the authority to adopt rules relating to the Program.

The proposed amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter B.

§22.30. Disbursement of Funds.

Funds allocated to an institution under this subchapter shall be disbursed and re-allocated, as applicable, in accordance with the provisions of §22.12 (relating to Disbursement of Allocated Funds) and §22.13 of this chapter (relating to Allocation Carry-Forward; Supplemental Allocations). [As requested by institutions throughout the academic year, the Coordinating Board shall forward to each participating institution a portion of its allocation of funds for timely disbursement to students in accordance with §22.2 of this chapter (relating to Timely Distribution of Funds). Institutions will have until the close of business on August 1, or the first working day thereafter if it falls on a weekend or holiday, to encumber program funds from their allocation. After that date, institutions lose claim to any funds in the current fiscal year not yet drawn down from the Coordinating Board for timely disbursement to students. Funds released in this manner in the first year of the biennium become available to the institution for use in the second year of the biennium. Funds released in this manner in the second year of the biennium become available to the Board's program for utilization in grant processing. Should these unspent funds result in additional funding available for the next biennium's program, revised allocations, calculated according to the allocation methodology specified in §22.29 of this subchapter (relating to Allocation of Funds), will be issued to participating institutions during the fall semester.]

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 July 23, 2026.

TRD-202603082

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6495

SUBCHAPTER G. TEXAS COLLEGE WORK-STUDY PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter G, §22.135, concerning Disbursement of Funds. Specifically, this amendment will clarify the manner by which the Coordinating Board will disburse and re-allocate, as applicable, allocated funds for the Program. The Coordinating Board convened a negotiated rulemaking committee to consider the proposed amendments to the rule. The committee reached a general consensus on the proposal, and the proposed rule substantively reflects the committee's determinations. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.

The Coordinating Board is authorized by Texas Education Code, §56.077, to adopt rules relating to the Program.

Rule 22.135, Disbursement of Funds, is amended by replacing existing rule text with references to §22.12 and §22.13 to describe the method by which the Coordinating Board will disburse and re-allocate funding for this program to participating institutions.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has determined that for each of the first five years the section is in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the improved transparency regarding the disbursement and re-allocation of state financial aid funding. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under Texas Education Code, Section 56.077, which provides the Coordinating Board with the authority to adopt rules relating to the Program.

The proposed amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 22.

§22.135. Disbursement of Funds.

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 July 23, 2026.

TRD-202603083

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6495

SUBCHAPTER L. TOWARD EXCELLENCE, ACCESS, AND SUCCESS (TEXAS) GRANT PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter L, §§22.226, 22.228 and 22.238, concerning the Toward EXcellence, Access, and Success (TEXAS) Grant Program. Specifically, this amendment will clarify the manner by which the Coordinating Board will disburse and re-allocate, as applicable, allocated funds for the Program. The Coordinating Board convened a negotiated rulemaking committee to consider the proposed amendments to §22.238. The committee reached a general consensus on the proposal, and the proposed rule substantively reflects the committee's determinations. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.

The Coordinating Board is authorized by Texas Education Code, §56.303, to adopt rules relating to the Program.

Rule 22.226, Definitions, is amended by removing a reference to dual enrollment in the definition of "entering undergraduate." This is a conforming change with concurrent amendments to Coordinating Board rules and does not represent a change in the administration of the Program.

Rule 22.228, Eligible Students, is amended to clarify that a student qualifying for a grant under §22.228(6)(C) must receive an associate degree from an institution of higher education or private or independent institution of higher education, aligning more closely with the Program's statute. This does not represent a change in the administration of the Program.

The Coordinating Board convened a negotiated rulemaking committee to consider proposed amendments to §22.238. The committee reached a general consensus on the proposal, and the proposed rule substantively reflects the committee's determinations.

Rule 22.238, Disbursement of Funds, is amended by replacing existing rule text with references to §22.12 and §22.13 to describe the method by which the Coordinating Board will disburse and re-allocate funding for this program to participating institutions.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the improved transparency regarding the disbursement and re-allocation of state financial aid funding. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under Texas Education Code, Section 56.303, which provides the Coordinating Board with the authority to adopt rules relating to the Program.

The proposed amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter L.

§ 22.226. Definitions.

In addition to the words and terms defined in §22.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Entering Undergraduate--A student enrolled in the first thirty semester credit hours or their equivalent, excluding hours taken during [ dual enrollment in ] high school and courses for which the student received credit through examination.

(2) Initial Year Grant--The TEXAS Grant offered in the student's first year in the TEXAS Grant Program.

(3) Nontraditional Secondary Education--A course of study at the secondary school level in a nonaccredited private school setting, including a home school.

(4) Priority Student Aid Index Level--An amount calculated annually by the Coordinating Board equal to 60 percent of the average statewide amount of tuition and required fees for resident students enrolled full-time in baccalaureate degree programs at general academic teaching institutions, excluding public state colleges, for the relevant academic year.

(5) Prior-Prior Year--For allocation purposes, the state fiscal year that began two years earlier than the fiscal year for which the allocation is being calculated.

(6) Program--The Toward EXcellence, Access and Success (TEXAS) Grant program.

(7) Renewal Grant--A TEXAS Grant offered to a person who has previously received an initial year grant.

(8) Required Fees--A mandatory fee (required by statute) or discretionary fee (authorized by statute, imposed by the governing board of an institution of higher education) and that an institution of higher education charges to a student as a condition of enrollment at the institution of higher education or in a specific course.

(9) Target Grant Amount--An amount set by the Coordinating Board, in consultation with institutions of higher education participating in the TEXAS Grant Program, and used as the recommended average grant amount for the TEXAS Grant Program for a biennium and in establishing renewal grant and initial year grant for top 25 percent student allocations to participating institutions of higher education as described in §22.236(a)(1) and (2) of this chapter (relating to Allocation of Funds - General).

(10) Tuition--Statutory tuition, designated and/or Board-authorized tuition, as defined in §13.121 of this title (related to Definitions).

§ 22.228. Eligible Students.

(a) Initial Grants. To be eligible to receive an initial year grant, a person must:

(1) be enrolled in a baccalaureate program at a participating institution;

(2) be a resident of Texas, as defined in §22.1 of this chapter (relating to Definitions);

(3) show financial need, as defined in §22.1 of this chapter;

(4) have applied for financial aid through the completion of the Federal Application for Federal Student Aid or, if the student is not eligible for federal financial aid, the Texas Application for State Financial Aid;

(5) meet applicable standards outlined in §22.3 of this chapter (relating to Student Compliance with Selective Service Registration); and

(6) Except as provided under §22.231 of this subchapter (relating to Hardship Provisions), to receive an initial year grant, an otherwise eligible person must enroll in a baccalaureate degree program at a participating institution on at least a three-quarter time basis as:

(A) an entering undergraduate student not later than the end of the sixteenth month after the calendar month in which the person graduated from high school or successfully completed a nontraditional secondary education, as defined in §22.226 of this subchapter (relating to Definitions);

(B) an entering undergraduate student who entered military service not later than the first anniversary of the date of high school graduation and enrolled in an eligible institution no later than twelve months after being released from active duty military service with an Honorable Discharge, General Discharge under Honorable Conditions, or Honorable Separation or Release from Active Duty, as documented by the Certificate of Release or Discharge from Active Duty (DD214) issued by the Department of Defense;

(C) an undergraduate student not later than the end of the twelfth month after the calendar month in which the student received an associate degree from an institution of higher education or private or independent institution of higher education, as the terms are defined in §22.1 of this chapter ; or

(D) an undergraduate student who has:

(i) previously attended another institution of higher education, as defined in §22.1 of this chapter;

(ii) received an initial Texas Educational Opportunity Grant under subchapter M of this chapter (relating to Texas Educational Opportunity Grant Program) for the 2014 fall semester or a subsequent semester;

(iii) completed at least twenty-four semester credit hours at any institution(s) of higher education or private or independent institution(s) of higher education, as defined in §22.1 of this chapter;

(iv) earned an overall grade point average of at least 2.5 on a four-point scale or the equivalent on all course work previously attempted; and

(v) never previously received a TEXAS Grant.

(b) Renewal Grants. To be eligible to receive a renewal grant through the TEXAS Grant Program, a student must:

(1) have previously received an initial year grant through this Program;

(2) show financial need, as defined in §22.1 of this chapter;

(3) be enrolled at least three-quarter time unless granted a hardship waiver of this requirement under §22.231 of this subchapter (relating to Hardship Provisions);

(4) be enrolled in a baccalaureate program at a participating institution;

(5) make satisfactory academic progress towards a baccalaureate degree at the participating institution, as defined in §22.229 of this subchapter (relating to Satisfactory Academic Progress); and

(6) meet applicable standards outlined in §22.3 of this chapter (relating to Student Compliance with Selective Service Registration).

(c) If a student's eligibility was based on the expectation that the student would complete a high school diploma or associate degree in time to meet the requirements for Program eligibility, and the student failed to do so, then, in order to resume eligibility, such a student must:

(1) receive an associate degree;

(2) meet all other qualifications for a TEXAS Grant;

(3) if required to do so by the institution through which the TEXAS Grant was made, repay the amount of the TEXAS Grant that was previously received; and

(4) enroll in a higher-level undergraduate degree program at a participating institution not later than the twelfth month after the month the student received an associate degree.

(d) For the purposes of this section, a student enrolled in a combined baccalaureate-master's degree program is considered to be enrolled in a baccalaureate program during the period in which the student's institution considers the student an undergraduate for federal financial aid purposes.

§ 22.238. Disbursement of Funds.

Funds allocated to an institution under this subchapter shall be disbursed and re-allocated, as applicable, in accordance with the provisions of §22.12 (relating to Disbursement of Allocated Funds) and §22.13 of this chapter (relating to Allocation Carry-Forward; Supplemental Allocations). [ As requested by an institution throughout the academic year, the Coordinating Board shall forward to each participating institution a portion of its allocation of funds for timely disbursement to students in accordance with §22.2 of this chapter (relating to Timely Disbursement of Funds). An institution will have until the close of business on August 1, or the first working day thereafter if it falls on a weekend or holiday, to encumber program funds from their allocation. After that date, an institution shall lose claim to any funds in the current fiscal year not yet drawn down from the Coordinating Board for timely disbursement to students. Funds released in this manner in the first year of the biennium become available to the institution for use in the second year of the biennium. Funds released in this manner in the second year of the biennium become available to the Coordinating Board for utilization in grant processing. Should these unspent funds result in additional funding available for the next biennium's program, revised allocations, calculated according to the allocation methodology outlined in this rule, will be issued to participating institutions during the fall semester. ]

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 July 23, 2026.

TRD-202603085

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6495

SUBCHAPTER M. TEXAS EDUCATIONAL OPPORTUNITY GRANT PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter M, §§22.254, 22.261 and 22.265, concerning Texas Educational Opportunity Grant Program. Specifically, this amendment will clarify the manner by which the Coordinating Board will disburse and re-allocate, as applicable, allocated funds for the Program. The Coordinating Board convened a negotiated rulemaking committee to consider the proposed amendments to §22.265. The committee reached a general consensus on the proposal, and the proposed rule substantively reflects the committee's determinations. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.

The Coordinating Board is authorized by Texas Education Code, §56.403, to adopt rules relating to the Program.

Rule 22.254, Definitions, is amended by removing a reference to dual enrollment in the definition of "entering undergraduate." This is a conforming change with concurrent amendments to Coordinating Board rules and does not represent a change in the administration of the Program.

Rule 22.261, Grant Amount, is amended to clarify that the Lamar Institute of Technology, which is statutorily both a public state college and a public technical institute under Texas Education Code, §61.003, is considered a public state college for program purposes. This does not represent a change in administration of the Program.

Rule 22.265, Disbursement of Funds to Institutions, is amended by replacing existing rule text with references to §22.12 and §22.13 to describe the method by which the Coordinating Board will disburse and re-allocate funding for this program to participating institutions. The rule is retitled to conform with naming conventions for similar rules elsewhere in the chapter.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the improved transparency regarding the disbursement and re-allocation of state financial aid funding. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

The amendments are proposed under Texas Education Code, Section 56.403, which provides the Coordinating Board with the authority to adopt rules relating to the Program.

The proposed amendments affect Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter M.

§ 22.254. Definitions.

In addition to the words and terms defined in §22.1 of this chapter (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Career and Technical Education Course--A workforce or continuing education college course offered by an institution of higher education for which a student may earn credit toward satisfaction of a requirement necessary to obtain an industry-recognized credential, certificate, or associate degree.

(A) A career and technical education course is listed in the Workforce Education Course Manual (WECM).

(B) For the purpose of this subchapter, this definition excludes:

(i) an avocational course;

(ii) a continuing education course that is ineligible for conversion as articulated college credit; and

(iii) a continuing education course that does not meet the institution's program or instructor accreditation standards.

(2) Certificate Program--For purposes of the Texas Educational Opportunity Grant Program, Level 1 and Level 2 certificates, Occupational Skills Awards, and other credentials of value as defined in §13.472 of this title (relating to Definitions). These include programs offered through academic courses or through career and technical education courses, as defined in paragraph (1) of this subsection.

(3) Continuation Grant--A grant offered to a person who has previously received an initial year grant.

(4) Entering undergraduate--A student enrolled in the first 45 semester credit hours or their equivalent, excluding hours taken during [ dual enrollment in ] high school and courses for which the student received credit through examination.

(5) Grant--Funds offered to a student through the Texas Educational Opportunity Grant Program.

(6) Initial Year Grant--The grant offered in the student's first year in the Program.

(7) Program--The Texas Educational Opportunity Grant Program.

§ 22.261. Grant Amounts.

(a) Grant Amounts.

(1) The Coordinating Board shall determine and announce the maximum grant amount in a given state fiscal year by January 31 of the prior fiscal year. The calculation of the maximum grant amount for a semester will be based on the average statewide amount of tuition and required fees at eligible institutions that a resident student enrolled full-time in an associate degree or certificate program measured in semester credit hours would be charged for that semester (Texas Education Code, §56.407).

(2) In the Coordinating Board's determination of the maximum grant amount, the average amount of tuition and required fees is determined by institution type (public junior colleges, public state colleges, and public technical institutes), utilizing the most recent Integrated Fiscal Reporting System reports to project the value.

(3) Institutional Classifications. For the purposes of this section:

(A) The Polytechnic College at Sam Houston State University is considered a public technical institute [ for this purpose ].

(b) The amount of a grant offered by the institution may not be reduced by any gift aid for which the person receiving the grant is eligible, unless the total amount of a person's grant plus any gift aid received exceeds the student's cost of attendance. However, no student's grant shall be greater than the amount of the student's financial need.

(c) A participating institution may not charge a person receiving a grant through that institution an amount of tuition and required fees in excess of the grant received by the person. Nor may it deny admission to or enrollment in the institution based on a person's eligibility to receive or actual receipt of a grant. If an institution's tuition and fee charges exceed the grant, it may address the shortfall in one of two ways:

(1) use other available sources of financial aid to cover any difference in the amount of the grant and the student's actual amount of tuition and required fees at the institution, provided that the other available sources of financial aid do not include a loan; or

(2) exempt the excess charges for the student. However, if an exemption is used, the institution may not report the recipient's tuition and fees in a way that would increase the general revenue appropriations to the institution.

(d) Grant calculations are to be completed in accordance with §22.8 of this chapter (relating to Financial Aid Adjustments).

§ 22.265. Disbursement of Funds [ to Institutions ].

Funds allocated to an institution under this subchapter shall be disbursed and re-allocated, as applicable, in accordance with the provisions of §22.12 (relating to Disbursement of Allocated Funds) and §22.13 of this chapter (relating to Allocation Carry-Forward; Supplemental Allocations). [ As requested by institutions throughout the academic year, the Coordinating Board shall forward to each participating institution a portion of its allocation of funds for timely disbursement to students in accordance with §22.2 of this chapter (relating to Timely Disbursement of Funds). Institutions will have until the close of business on August 1, or the first working day thereafter if it falls on a weekend or holiday, to encumber program funds from their allocation. After that date, institutions lose claim to any funds in the current fiscal year not yet drawn down from the Coordinating Board for timely disbursement to students. Funds released in this manner in the first year of the biennium become available to the institution for use in the second year of the biennium. Funds released in this manner in the second year of the biennium become available to the Coordinating Board for utilization in grant processing. Should these unspent funds result in additional funding available for the next biennium's program, revised allocations, calculated according to the allocation methodology outlined in this rule, will be issued to participating institutions during the fall semester. ]

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 July 23, 2026.

TRD-202603086

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6495

SUBCHAPTER R. NURSING STUDENTS SCHOLARSHIP PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter R, §§22.367 - 22.369, concerning Nursing Students Scholarship Program. Specifically, this amendment will clarify the manner by which the Coordinating Board will disburse and re-allocate, as applicable, allocated funds for the program. The Coordinating Board convened a negotiated rulemaking committee to consider the proposed amendments to §22.368 and §22.369. The committee reached a general consensus on the proposal, and the proposed rule substantively reflects the committee's determinations. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.

The Coordinating Board is authorized by Texas Education Code, §61.656, to adopt rules relating to the Program.

Rule 22.367, Scholarship Amount, is amended to correct an erroneous citation in subsection (a)(1). This does not represent a change in the administration of the Program.

Rule 22.368, Allocation of Funds, is amended by adding subsection (c), so the structure of the program rules conforms to other subchapters in the chapter. The added subsection is identical to current §22.369(b).

Rule 22.369, Disbursement of Funds, is amended by replacing existing rule text with references to §22.12 and §22.13 to describe the method by which the Coordinating Board will disburse and re-allocate funding for this program to participating institutions. As noted previously, subsection (b) is relocated to §22.368(c).

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the improved transparency regarding the disbursement and re-allocation of state financial aid funding. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will notcreate or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will notrequire an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rules or information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research or analysis, may be submitted to Andy MacLaurin, Assistant Commissioner for Funding and Financial Aid, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

The amendments are proposed under Texas Education Code, Section 61.656, which provides the Coordinating Board with the authority to adopt rules relating to the Program.

The proposed amendments affects Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter R.

§ 22.367. Scholarship Amount.

(a) Scholarship Amount. Each state fiscal year, the maximum scholarship amount per semester shall be:

(1) for institutions eligible to offer grants through the Texas Educational Opportunity Grant Program, the maximum grant amount established in §22.261(a) [ §22.261(b) ] of this chapter (relating to Grant Amounts);

(2) for institutions eligible to offer grants through the Toward EXcellence, Access, and Success (TEXAS) Grant Program, the maximum grant amount established in §22.234(b) of this chapter (relating to Grant Amounts); or

(3) for institutions eligible to offer grants through the Tuition Equalization Grant Program or an institution described by Texas Education Code, §61.651(1)(C), one half of the maximum grant amount established in §22.28(a)(3)(A) of this chapter (relating to Award Amounts and Adjustments).

(b) The amount of a scholarship plus any other gift aid may not exceed the student's financial need.

(c) For an eligible student who also is a Texas Educational Opportunity Grant or Toward EXcellence, Access, and Success (TEXAS) Grant recipient, a scholarship offered under this subchapter may not be used as financial aid to meet the requirements of §22.261(c) (for TEOG recipients) or §22.234(c) (for TEXAS Grant recipients) of this chapter (relating to Grant Amounts respectively).

§ 22.368. Allocation of Funds.

(a) Allocations. Allocations are to be determined as follows:

(1) Each institution's percent of the available funds will equal the ratio of its institutional need to the state-wide need.

(2) An institution's institutional need is calculated by multiplying:

(A) the number of students it reported in the most recent certified Financial Aid Database submission who met the following criteria:

(i) were classified as Texas residents;

(ii) were enrolled in a vocational or professional nursing program on at least a half-time basis; and

(iii) have a 9-month Expected Family Contribution, calculated using federal methodology, less than or equal to the Federal Pell Grant eligibility cap for the year reported in the Financial Aid Database submission; and

(B) the institution's maximum scholarship amount, as determined by the Coordinating Board under §22.367(a) of this subchapter (relating to Scholarship Amount).

(3) The state-wide need is calculated as the sum of all eligible institutions' institutional need.

(4) Allocations for both years of the state appropriations' biennium will be completed at the same time. The three most recent certified Financial Aid Database submissions will be used to forecast the data utilized in the calculation of the allocation for the second year of the biennium. Institutions will receive notification of their allocations for both years of the biennium at the same time.

(5) Notwithstanding subsection (a)(4) of this section, allocations for Fiscal Year 2025 will be based on the most recent certified Financial Aid Database submission.

(6) Allocation calculations will be shared with all participating institutions for comment and verification prior to final posting and the institutions will be given ten (10) working days, beginning the day of the notice's distribution and excluding State holidays, to confirm that the allocation report accurately reflects the data they submitted or to notify the Coordinating Board in writing of any inaccuracies.

(b) Limited Allocation for Certain Institutions. Notwithstanding the allocation methodology established in subsection (a) of this section, an institution described by Texas Education Code, §61.651(1)(C), may not receive more than ten (10) percent of the total amount of scholarship funds allocated in a fiscal year. Excess funds that would otherwise be allocated to such an institution will instead be allocated to the remaining eligible institutions according to the allocation methodology established in subsection (a) of this section.

§ 22.369. Disbursement of Funds.

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 July 23, 2026.

TRD-202603087

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6495

CHAPTER 24. STUDENT LOAN PROGRAMS

SUBCHAPTER D. COLLEGE ACCESS LOAN PROGRAM

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 24, Subchapter D, §24.46, concerning Repayment of Loans. Specifically, this amendment will specify the manner in which College Access Loans are assigned a repayment period.

The Coordinating Board is authorized by Texas Education Code, Chapter 52, Subchapter C, and §52.31, et. seq., to adopt rules relating to state loan programs.

Rule 24.46, Repayment of Loans, is amended by revising subsection (a), which prescribes how repayment periods are assigned to College Access Loans upon entering repayment. The amendment maintains the existing maximum repayment period (20 years) for such loans, while specifying that the standard repayment period and conditions for requesting an extended repayment period shall be specified in the loan promissory note. The revised methodology simplifies implementation, ensures clear continuity between agency policy and loan documentation, and allows the Coordinating Board to respond efficiently to ensure general alignment between its practices and those of the federal student loan program, in keeping with its statutory mandate.

Anthony Infantini, Chief Financial Officer, has determined that for each of the first five years the section is in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Anthony Infantini, Chief Financial Officer, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the greater clarity regarding loan repayment options. There are no anticipated economic costs to persons who are required to comply with the section as proposed.

Government Growth Impact Statement

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit an existing rule;

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Anthony Infantini, Chief Financial Officer, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

The amendment is proposed under Texas Education Code, Chapter 52, Subchapter C, and Section 52.31, et. seq., which provide the Coordinating Board with the authority to adopt rules relating to state loan programs.

The proposed amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 24, Subchapter D.

§ 24.46. Repayment of Loans.

(a) Repayment Period. The promissory note shall specify a standard repayment period for a loan under this subchapter, as well as the conditions under which a borrower may request an extended repayment period, not to exceed twenty (20) years. [ The repayment period for a College Access Loan shall be: ]

(b) Minimum Monthly Payment. Unless a lower monthly payment is authorized under §24.14 of this chapter (relating to Forbearance), a borrower's minimum monthly payment for a College Access Loan shall be the greater of:

(1) the amount required to amortize the loan over the course of the repayment period; or

(2) fifty dollars ($50.00).

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 July 23, 2026.

TRD-202603088

Douglas Brock

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 427-6495

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 89. ADAPTATIONS FOR SPECIAL POPULATIONS

SUBCHAPTER BB. COMMISSIONER'S RULES CONCERNING STATE PLAN FOR EDUCATING EMERGENT BILINGUAL STUDENTS

The Texas Education Agency (TEA) proposes amendments to §§89.1201, 89.1203, 89.1210, 89.1215, 89.1220, 89.1226, 89.1227, 89.1228, 89.1230, and 89.1235, concerning the state plan for educating emergent bilingual students. The proposed amendments would align with state and federal regulations by updating existing definitions and requirements to reflect current statutory terminology; clarify procedures related to the identification, placement, instruction, reclassification, monitoring, and reporting of emergent bilingual students; make technical and clarifying updates to improve the consistency, structure, and application of the rules; and comply with all applicable federal and state executive orders.

BACKGROUND INFORMATION AND JUSTIFICATION: The proposed amendments to 19 TAC §§89.1201, 89.1210, 89.1227, 89.1228, and 89.1235 would update terminology to comply with federal and state executive orders.

The proposed amendment to §89.1203 would add a definition for dually identified emergent bilingual students who are eligible for and receiving special education and related services to align with state guidance.

The proposed amendment to §89.1215 would align with state and federal regulations to clarify that American Sign Language, when identified on the home language survey, will no longer, by itself, initiate the identification process for potential emergent bilingual students.

The proposed amendment to §89.1220 would clarify procedures for out-of-state transfer students previously identified as emergent bilingual in Texas to align with state and federal regulations.

The proposed amendment to §89.1226 would update state policy language to align with state and federal regulations. Language would be stricken to remove the exclusion of prekindergarten and kindergarten students from eligibility for reclassification at the end of the academic year, consistent with federal requirements that all identified emergent bilingual students have the opportunity to demonstrate English language proficiency annually.

The proposed amendment to §89.1230 would update terminology related to dually identified emergent bilingual students who receive special education services.

FISCAL IMPACT: Jennifer Alexander, associate commissioner for special populations and student supports, has determined that for the first five-year period the proposal is in effect, there would be no direct fiscal impact to state government. The amendments may result in variable and indirect costs for school districts and open-enrollment charter schools due to reclassification of some prekindergarten and kindergarten students up to two years earlier than previously projected, which could affect bilingual education allotment funding. However, any impact would vary by district based on student demographics, enrollment patterns, and reclassification outcomes and cannot be reliably estimated.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal may impose a cost on local government due to changes in projected bilingual education allotment funding. However, the proposal is exempt from the requirements of Texas Government Code, §2001.0045, because the rules are necessary to receive a source of federal funds or to comply with federal law.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff conducted a Government Growth Impact assessment for this proposed rulemaking. During the first five years the rules are in effect, the amendments would expand and limit existing regulations by reorganizing and updating the commissioner's rules governing bilingual education and special language programs, refining alignment with statute and applicable federal and state executive orders, providing greater specificity regarding program implementation for emergent bilingual students, and making non-substantive revisions to improve clarity and usability.

The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Ms. Alexander has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be to improve clarity, consistency, and transparency in the statewide administration of bilingual education and special language programs by supporting uniform identification, placement, and monitoring of emergent bilingual students; aligning commissioner's rules with current statutory terminology and federal requirements; and enhancing the clarity and usability of the rules for districts and stakeholders. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: TEA requests public comments on the proposal, including, per Texas Government Code, §2001.024(a)(8), information related to the cost, benefit, or effect of the proposed rule and any applicable data, research, or analysis, from any person required to comply with the proposed rule or any other interested person. The public comment period on the proposal begins August 7, 2026, and ends September 7, 2026. 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 August 7, 2026. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/laws-and-rules/commissioner-rules-tac/proposed-commissioner-education-rules.

STATUTORY AUTHORITY. The amendments are proposed under Texas Education Code (TEC), §29.051, which establishes the state policy regarding bilingual and special language programs; TEC, §29.052, which establishes the definitions of an emergent bilingual student and parent; TEC, §29.053, which establishes the criteria for the establishment of bilingual education and special language programs; TEC, §29.054, as amended by House Bill (HB) 2 and Senate Bill 2185, 89th Texas Legislature, Regular Session, 2025, which establishes the criteria for exceptions; TEC, §29.055, which establishes the criteria for program content and the method of instruction; TEC, §29.056, as amended by HB 8, 89th Texas Legislature, Second Called Session, 2025, which establishes the criteria for enrollment of students in the program; TEC, §29.0561, which establishes the criteria for the evaluation of transferred students and reenrollment procedures; TEC, §29.057, which establishes the criteria for facilities and classes of bilingual education and special language programs; TEC, §29.058, which establishes the criteria for enrollment of students who do not have limited English proficiency; TEC, §29.059, which establishes the criteria for cooperation among districts to provide bilingual education and special language programs; TEC, §29.060, which establishes the criteria for preschool, summer school, and extended time programs; TEC, §29.061, which establishes the criteria for bilingual education and special language program teachers; TEC, §29.062, which establishes the criteria for monitoring compliance to evaluate the effectiveness of programs related to bilingual education and special language programs; TEC, §29.063, which establishes the criteria for language proficiency assessment committees; TEC, §29.064, which establishes the criteria for appeals; and TEC, §29.066, which establishes the criteria for a district's Public Education Information Management System reporting requirements.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §§29.051; 29.052; 29.053; 29.054, as amended by House Bill (HB) 2 and Senate Bill 2185, 89th Texas Legislature, Regular Session, 2025; 29.055; 29.056, as amended by HB 8, 89th Texas Legislature, Second Called Session, 2025; 29.0561; 29.057; 29.058; 29.059; 29.060; 29.061; 29.062; 29.063; 29.064; and 29.066.

§ 89.1201. Policy.

(a) It is the policy of the state that every student in the state who has a home language other than English and who is identified as an emergent bilingual (EB) student shall be provided a full opportunity to participate in bilingual education, to include bilingual and English as a second language (ESL) programs, as required in Texas Education Code (TEC), Chapter 29, Subchapter B. To ensure equal educational opportunity, as required in TEC, §1.002(a), each school district shall:

(1) identify EB students based on criteria established by the state;

(2) provide bilingual education, including bilingual and ESL programs, as integral parts of the general program as described in TEC, §4.002;

(3) seek appropriately certified teaching personnel to ensure that EB students are afforded full opportunity to master the essential knowledge and skills required by the state; and

(4) assess for academic achievement and linguistic progress in accordance with TEC, Chapter 29, Subchapter B, to ensure accountability for EB students and the schools that serve them.

(b) The goal of bilingual program models, including dual-language immersion and transitional bilingual education, shall be to enable EB students to develop home or partner language literacy and academic skills through the integrated use of content-based language instructional methods to become proficient in listening, speaking, reading, and writing in the English language. Such programs shall include the mastery of grade level reading and language arts knowledge and skills in the home or partner language and in English, along with mathematics, science, and social studies knowledge and skills as integral parts of the academic goals for all students to enable EB students to participate fully [ equitably ] in school.

(c) The goal of ESL program models, including content-based and pull-out, shall be to enable EB students to become proficient in listening, speaking, reading, and writing in the English language through the integrated use of content-based language instructional methods. The ESL program shall include the mastery of grade level English reading and language arts, mathematics, science, and social studies knowledge and skills in English as integral parts of the academic goals for all students to enable EB students to participate fully [ equitably ] in school.

(d) Bilingual and ESL programs shall be integral parts of the total school program. Such programs shall use instructional approaches designed to meet the specific language needs of EB students. The curriculum content of the programs shall be based on the Texas Essential Knowledge and Skills and the English Language Proficiency Standards required by the state.

§ 89.1203. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Alternative methods--A temporary instructional plan that meets the affective, linguistic, and cognitive needs of emergent bilingual (EB) students and equips the teacher under a bilingual exception or an English as a second language (ESL) waiver described in §89.1207 of this title (relating to Bilingual Program Exceptions and English as a Second Language Program Waivers) to align closely to the required bilingual or ESL program through the comprehensive professional development plan.

(2) Bilingual education allotment (BEA)--An adjusted basic funding allotment provided for each school district based on student average daily attendance in a bilingual or an ESL program in accordance with Texas Education Code (TEC), §48.105.

(3) Certified bilingual program teacher--A teacher holding bilingual certification and appropriately certified for the grade level and content area. The term "certified bilingual program teacher" is synonymous with the term "professional bilingual educator" used in TEC, §29.063.

(4) Certified English as a second language teacher--A teacher appropriately certified in ESL as well as for the grade level and content area. The term "certified English as a second language teacher" as used in this subchapter is synonymous with the term "professional transitional language educator" used in TEC, §29.063.

(5) Content-based language instruction (CBLI)--An integrated approach to language instruction in which language is developed within the context of content delivery that is linguistically sustaining and is used across all programs for EB students to develop the home or partner language and English.

(6) Dual language immersion (DLI) program--A state-approved bilingual program in accordance with TEC, §29.066, that uses English and a partner language. The two state-approved DLI program models are one-way DLI and two-way DLI.

(7) Dual-language instruction--An educational approach that focuses on the use of English and the student's home or partner language for instructional purposes as described in TEC, §29.055, to include both DLI and transitional bilingual education (TBE) programs.

(9) [ (8) ] Emergent bilingual (EB)--A student identified by the Language Proficiency Assessment Committee (LPAC) who is in the process of acquiring English and has another language as the student's home language. This term is interchangeable with English learner as used in federal regulations and replaces the term "limited English proficient student" formerly used in TEC, Chapter 29, Subchapter B.

(10) [ (9) ] English as a second language (ESL) program--A special language program in accordance with TEC, Chapter 29, Subchapter B, to include both content-based and pull-out program models. Another related term for an ESL program is "English as an additional language program."

(11) [ (10) ] English language proficiency standards (ELPS)--The ELPS outline English language proficiency level descriptors and student expectations for EB students. School districts shall implement these standards as an integral part of each subject in the required curriculum. The ELPS are to be published along with the Texas Essential Knowledge and Skills for each subject in the required curriculum, as described in Chapter 120, Subchapter B, [ §74.4(a)(1) ] of this title (relating to English Language Proficiency Standards).

(12) [ (11) ] English proficient student--A former EB student who has met reclassification as English proficient by the LPAC.

(13) [ (12) ] Enrollment--Receiving instruction by attendance in a public school. This term does not apply to students who are registered but not yet receiving instruction.

(14) [ (13) ] Exit--The point at which an EB student is reclassified as English proficient and ends bilingual or ESL program participation with LPAC recommendation and parental approval. The term "exit" as used in this subchapter is synonymous with the description in TEC, Chapter 29, Subchapter B, of a student having been "transferred out" of bilingual or special language programming. For the purpose of meeting the goals of a DLI program, the LPAC recommends that the EB student is reclassified as English proficient but continues participation in the program to further develop biliteracy for the duration of the program for prekindergarten through Grade 12.

(15) [ (14) ] Home language--A language other than English that is indicated on the home language survey under §89.1215 of this title (relating to Home Language Survey) as being used at home, used by the child at home, or used by the child in a previous home setting.

(16) [ (15) ] Language allocation plan--A strategically developed and clearly communicated plan for a DLI program that defines the percentage of language of instruction for each content area and grade level.

(17) [ (16) ] Language Proficiency Assessment Committee (LPAC) --A designated group of committee members as described in §89.1220 of this title (relating to Language Proficiency Assessment Committee (LPAC)) and TEC, §29.063 [ §26.063 ] , that ensures the appropriate identification, placement, assessment, services, reclassification, and monitoring of EB students. The LPAC also meets in conjunction with all other committees related to programs and services for which an EB student qualifies.

(18) [ (17) ] Non-emergent bilingual student--A student who has never been classified as an EB student by an LPAC.

(19) [ (18) ] Paired teaching--A teaching partnership permissible in a DLI program model when half the content area instruction is in the partner language and half is in English (50/50 language allocation). One teacher provides content area instruction in the partner language while the second teacher provides content area instruction delivered in English. The teacher instructing in the partner language shall hold bilingual certification while the teacher instructing in English may hold either bilingual or ESL certification.

(20) [ (19) ] Parent--The parent or legal guardian of the student in accordance with TEC, §29.052(2).

(21) [ (20) ] Partner language--The designated language of instruction other than English within a DLI program. The partner language within a DLI program may or may not be the home language of a DLI program student.

(22) [ (21) ] Prekindergarten--Students enrolled in a 3- or 4-year-old prekindergarten program as well as 3- or 4-year-old students enrolled in an early education setting.

(23) [ (22) ] Reclassification--The process by which the LPAC determines that an EB student has met the appropriate criteria to be classified as English proficient, and the student enters year 1 of monitoring as indicated in the Texas Student Data System Public Education Information Management System.

(24) [ (23) ] School district-- The term school district includes an open-enrollment charter school or a district of innovation.

§ 89.1210. Program Content and Design.

(a) Each school district required to offer bilingual education through bilingual or English as a second language (ESL) program models shall provide each emergent bilingual (EB) student the opportunity to be enrolled in the required program at their grade level. Each student's level of proficiency shall be designated by the Language Proficiency Assessment Committee (LPAC) in accordance with §89.1220(g) of this title (relating to Language Proficiency Assessment Committee (LPAC)). The school district shall accommodate the instruction, pacing, and materials to ensure that EB students have a full opportunity to master the essential knowledge and skills of the required curriculum, which includes the Texas Essential Knowledge and Skills (TEKS) and English language proficiency standards (ELPS). Students participating in bilingual program models may demonstrate their mastery of the essential knowledge and skills in either the home or partner language or in English for each content area.

(1) Bilingual program models established by a school district shall be full-time programs of dual-language instruction (English and home or partner language) that provides for learning academic and literacy skills in the student's home or program partner language and for carefully structured and sequenced mastery of English language skills under Texas Education Code (TEC), §29.055(a), throughout the elementary grades and beyond if the district so chooses as defined in §89.1205(a) of this title (relating to Required Bilingual and English as a Second Language (ESL) Programs).

(2) ESL program models established by a school district shall be programs of intensive instruction in English in which ESL teachers recognize and address language differences in accordance with TEC, §29.055(a), in prekindergarten through Grade 12.

(b) Bilingual and ESL program models shall be integral parts of the general educational program required under Chapter 74 of this title (relating to Curriculum Requirements) to include foundation and enrichment areas, ELPS, and college and career readiness standards. In bilingual program models, school districts shall purchase instructional materials in all program languages with the district's instructional materials allotment or otherwise acquire instructional materials for use in bilingual program classes in accordance with TEC, §31.029(a). Instructional materials for bilingual programs on the list adopted by the commissioner of education, as provided by TEC, §31.0231, may be used as curriculum tools to enhance the learning process. The school district shall ensure ongoing collaboration between bilingual and ESL programs and the general education programs to provide [ equitable ] educational access for all learners. Bilingual and ESL programs shall address the affective, linguistic, and cognitive needs of EB students as follows.

(1) Affective.

(A) EB students in a bilingual program shall be provided instruction using content-based language instructional methods in English and/or their home or partner language to acclimate students to the school environment and to develop academic language skills, which instills confidence, self-assurance, and a positive identity with their family [ cultural ] heritages. The program shall be designed to consider the students' learning experiences and shall incorporate various [ the cultural ] aspects of the students' backgrounds in accordance with TEC, §29.055(b).

(B) EB students in an ESL program shall be provided instruction using content-based language instructional methods in English to acclimate students to the school environment and to develop academic language skills, which instills confidence, self-assurance, and a positive identity with their family [ cultural ] heritages. The program shall be designed to incorporate the students' home languages and learning experiences and shall incorporate various [ the cultural ] aspects of the students' backgrounds in accordance with TEC, §29.055(b).

(2) Linguistic.

(A) EB students in a bilingual program shall be provided targeted and intentional academic language instruction to develop proficiency in listening, speaking, reading, and writing in both English and the home or partner language. The instruction in both languages shall be structured to ensure that the students develop a strong literacy foundation and master the required essential knowledge and skills and higher-order thinking skills in all subjects, providing individualized linguistically accommodated content instruction commensurate with the students' language proficiency levels. The ELPS student expectations are provided for English development in conjunction with the TEKS.

(B) EB students in an ESL program shall be provided targeted and intentional academic language instruction to develop proficiency in listening, speaking, reading, and writing in the English language. The instruction in academic content areas shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills in all subjects, providing individualized linguistically accommodated content instruction commensurate with the students' language proficiency levels. The ELPS student expectations are provided for English development in conjunction with the TEKS.

(3) Cognitive.

(A) EB students in a bilingual program shall be provided instruction in reading and language arts, mathematics, science, and social studies in both the home or partner language and English, using content-based language instructional methods in either the home or partner language, English, or both, depending on the program model(s) implemented by the district. The content area instruction in both languages shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills in all subjects.

(B) EB students in an ESL program shall be provided instruction in English in reading and language arts, mathematics, science, and social studies using content-based language instructional methods. The instruction in all academic content areas shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills.

(c) The bilingual program [ Bilingual programs ] shall be implemented through at least one of the following program models.

(1) Transitional bilingual/early exit is a bilingual program model in which identified EB students are served in both English and the students' home language and are prepared to meet reclassification criteria to be successful in English instruction with no second language acquisition supports not earlier than two or later than five years after the student enrolls in school. Instruction in this program is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061(b)(1), for the assigned grade level and content area. The goal of early-exit transitional bilingual education is for program participants to use their home language as a resource while acquiring full proficiency in English. This model provides instruction in literacy and academic content through the medium of the students' home language and English using content-based language instruction methods.

(2) Transitional bilingual/late exit is a bilingual program model in which identified EB students are served in both English and the students' home language and are prepared to meet reclassification criteria to be successful in English instruction with no second language acquisition supports not earlier than six or later than seven years after the student enrolls in school. Instruction in this program is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061(b)(2), for the assigned grade level and content area. The goal of late-exit transitional bilingual education is for program participants to use their home language as a resource while acquiring full proficiency in English. This model provides instruction in literacy and academic content through the medium of the students' home language and English through content-based language instruction.

(3) Dual language immersion/one-way is a bilingual/biliteracy program model in which identified EB students are served in both English and the program's partner language and are prepared to meet reclassification criteria in order to be successful in English instruction with no second language acquisition supports not earlier than six or later than seven years after the student enrolls in school. Instruction provided in the partner language and English is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061. When the instructional time for both the partner language and English is 50%, a paired-teaching arrangement may be utilized in which instruction provided in English may be delivered either by a teacher appropriately certified in bilingual education or by a different teacher certified in ESL in accordance with TEC, §29.061. The goal of one-way dual language immersion is for program participants to attain bilingualism and biliteracy in English and the partner language. This model provides ongoing instruction in literacy and academic content through content-based language instruction in English as well as the program's partner language, with at least half of the instruction delivered in the program's partner language for the duration of the program.

(4) Dual language immersion/two-way is a bilingual/biliteracy program model in which identified EB students are integrated with non-EB students and are served in both English and the program's partner language and are prepared to meet reclassification criteria in order to be successful in English instruction with no second language acquisition supports not earlier than six or later than seven years after the student enrolls in school. Instruction provided in English and the partner language is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061. When the instructional time for both the partner language and English is 50%, a paired-teaching arrangement may be utilized in which instruction provided in English may be delivered either by a teacher appropriately certified in bilingual education or by a different teacher certified in ESL in accordance with TEC, §29.061. The goal of two-way dual language immersion is for program participants to attain bilingualism and biliteracy in English as well as the partner language. This model provides ongoing instruction in literacy and academic content through content-based language instruction in English and the partner language with at least half of the instruction delivered in the program's partner language for the duration of the program.

(d) The ESL program shall be implemented through one of the following program models.

(1) An ESL/content-based program model is an English acquisition program that serves identified EB students through English instruction provided by a teacher appropriately certified in ESL under TEC, §29.061(c), using content-based language instruction methods in reading and language arts, mathematics, science, and social studies. The goal of content-based ESL is for program participants to attain full proficiency in English in order to participate fully [ equitably ] in school.

(2) An ESL/pull-out program model is an English acquisition program that serves identified EB students through English instruction using content-based language instruction methods provided by an appropriately certified ESL teacher under TEC, §29.061(c), in reading and language arts in a pull-out or inclusionary delivery setting. The goal of ESL pull-out is for program participants to attain full proficiency in English in order to participate fully [ equitably ] in school.

(e) Except in the courses specified in subsection (f) of this section, content-based language instructional methods, which may involve the use of the students' home or the program's partner language, may be provided in any of the courses or electives required for promotion or graduation to assist program participants in mastering the essential knowledge and skills for the required subject(s). The use of content-based language instruction shall not impede the awarding of credit toward meeting promotion or graduation requirements.

(f) In subjects such as art, music, and physical education, EB students shall participate with their non-EB peers in general education classes provided in the subjects. As noted in TEC, §29.055(d), elective courses included in the curriculum may be taught in a language other than English. The school district shall ensure that EB students enrolled in bilingual and ESL programs have a meaningful opportunity to participate with non-EB peers in all extracurricular activities.

(g) The required bilingual or ESL program shall be provided to every EB student with parental approval until such time that the student meets reclassification criteria as described in §89.1226(i) of this title (relating to Testing and Classification of Students) or graduates from high school. Parental approval is required when the LPAC recommends continuing dual language immersion program participation beyond reclassification.

§ 89.1215. Home Language Survey.

(a) For each new student enrolling for the first time in a Texas public school in any grade from prekindergarten through Grade 12, the Texas Education Agency (TEA)-developed home language survey shall be administered. The [ This ] home language survey completed at initial enrollment shall [ will ] serve as the student's [ original and only ] home language survey of record throughout the student's enrollment [ educational experience ] in Texas public schools. School districts shall:

(1) ensure that the student's parent understands the language used in the survey and its implications;

(2) require that the survey be signed by the student's parent for each student in prekindergarten through Grade 8 or by the student in Grades 9-12 as permitted under Texas Education Code, §29.056(a)(1);

(3) ensure the student's parent is aware of the benefits of bilingual and ESL programs; and

(4) maintain the original copy of the survey in the student's permanent record and transfer it to any subsequent Texas public school districts in which the student enrolls.

(b) The TEA-developed home language survey shall be administered in English and a language that the parents can understand. The home language survey shall include the following questions.

(1) "Which languages are used at home?"

(2) "Which languages are used by the child at home?"

(3) "If the child had a previous home setting, which languages were used? If there was no previous home setting, answer Not Applicable (N/A)."

(c) Except as provided in subsection (d) of this section, if [ If ] any response on the home language survey indicates that a language other than English is or was used for communication, the student shall be tested in accordance with §89.1226 of this title (relating to Testing and Classification of Students).

(e) [ (d) ] For students previously enrolled in a Texas public school, the receiving district shall secure the student records, including the original home language survey and language proficiency assessment committee documentation as described in §89.1220(l) of this title (relating to Language Proficiency Assessment Committee (LPAC)), as applicable. All attempts to contact the sending district to request records shall be documented. Multiple attempts to obtain the student's original home language survey shall be made.

(f) [ (e) ] If a parent determines an error was made when completing the original home language survey, the parent may request a correction only if:

(1) the student has not yet been assessed for English proficiency; and

(2) corrections are made within two calendar weeks of the student's initial enrollment date in Texas public schools.

§ 89.1220. Language Proficiency Assessment Committee (LPAC).

(a) School districts shall by local board policy establish and operate one or more Language Proficiency Assessment Committees (LPACs). The school district shall have on file a policy and procedures for the selection, appointment, and orientation of members of the LPAC(s).

(b) The LPAC shall include an appropriately certified bilingual educator (for students served through a bilingual program), an appropriately certified English as a second language (ESL) educator (for students served through an ESL program), a parent of an emergent bilingual (EB) student participating in a bilingual or ESL program, and a campus administrator in accordance with Texas Education Code (TEC), §29.063.

(c) In addition to the three required members of the LPAC, the school district may add other members to the committee. All required members of an LPAC must be present either in person or virtually to make individualized student decisions.

(d) No parent serving on the LPAC shall be an employee of the school district.

(e) A school district shall establish and operate a sufficient number of LPACs to enable them to discharge their duties within four calendar weeks of the enrollment of an EB student.

(f) All members of the LPAC, including parents, shall be acting for the school district and shall observe all laws and rules governing confidentiality of information concerning individual students. The school district shall be responsible for the orientation of all members of the LPAC, including the parents. The LPAC may use alternative meeting methods, such as phone or video conferencing and the use of electronic signatures that adhere to district policy.

(g) Upon a student's initial enrollment in a Texas public school [ schools ] , a student's transfer from a previous Texas public school district, transfer from an out-of-state public school district, and at the end of each school year, the LPAC shall review all pertinent information on all potential and identified EB students, including EB students with a parental denial of program participation, in accordance with §89.1226 of this title (relating to Testing and Classification of Students).

(1) For students initially enrolling in Texas public schools, the LPAC shall:

(A) designate the language proficiency level of each EB student in accordance with the guidelines issued pursuant to §89.1226(b)-(f) of this title;

(B) recommend, subject to parental approval, the initial instructional placement of each EB student in the required bilingual or ESL program without restricting access due to scheduling, staffing, or class size constraints; and

(C) facilitate the participation of EB students in other programs for which they are eligible while ensuring full access to the language program required under TEC, §29.053.

(2) For transferring in-state students or for a student transferring from an out-of-state public school district who was previously enrolled in a Texas public school district within the last 12 months , the LPAC shall:

(A) review permanent record and LPAC documentation from the previous Texas school district to determine if the student has been identified as an EB student based on the original home language survey and initial identification process;

(B) identify previous program participation with parental approval and recommend appropriate program placement based on student data and available program models or determine the need for monitoring of students who have previously met reclassification and are in their first two years of monitoring;

(C) inform parents who have previously denied program services of recommended bilingual or ESL programs available in the current district;

(D) review linguistic progress and academic achievement data of each EB student to inform instructional practices; and

(E) facilitate the participation of EB students in other programs for which they are eligible while ensuring full access to the language program required under TEC, §29.053.

(4) [ (3) ] At the end of the school year, for all identified EB students, including EB students with a parental denial of program participation, the LPAC shall:

(A) review English language proficiency progress and academic achievement data in English for ESL program students;

(B) review English and home/partner language progress as well as academic achievement data in English and the home/partner language for bilingual program students;

(C) reclassify eligible EB students as English proficient in accordance with the criteria described in §89.1226(i) of this title;

(D) recommend exit from program of reclassified English proficient students, pending parental approval, or continuation of program participation for reclassified students participating in a dual language immersion one-way or two-way program model, according to the goals of the program; and

(E) prepare parental reports on student progress for all identified EB students to be provided to parents within the first 30 calendar days after the beginning of the next school year, which include data on linguistic and academic progress, benefits of bilingual or ESL program participation, and the criteria for reclassification as English proficient.

(h) The LPAC shall give written notice to the student's parent, informing the parent that the student has been identified as an EB student and requesting approval to place the student in the required bilingual or ESL program not later than the 10th calendar day after the date of the student's identification in accordance with TEC, §29.056. The notice shall include information about the benefits of the recommended bilingual or ESL program and that it is an integral part of the school program.

(i) Before the administration of the state criterion-referenced test each year, the LPAC shall determine the appropriate assessment option for each EB student as outlined in Chapter 101, Subchapter AA, of this title (relating to Commissioner's Rules Concerning the Participation of English Language Learners in State Assessments).

(j) Pending completion of the identification process, receipt of LPAC documentation for transferring students, or parental approval of an identified EB student's placement into the bilingual or ESL program recommended by the LPAC, the school district shall place the student in the recommended program. Only EB students with parental approval for bilingual or ESL program participation will be included in the bilingual education allotment (BEA).

(k) The LPAC shall monitor the academic progress of each student, including any student who previously had a parental denial of program participation, who has met criteria for reclassification in accordance with TEC, §29.056(g), for the first two years after reclassification. If the student earns a failing grade in a subject in the foundation curriculum under TEC, §28.002(a)(1), during any grading period in the first two school years after the student is reclassified, the LPAC shall determine, based on the student's English language acquisition needs, whether the student may require targeted instruction or, after careful consideration of multiple linguistic and academic data points, should be reconsidered for placement in a bilingual or ESL program. In accordance with TEC, §29.0561, the LPAC shall review the student's performance and consider, at a minimum, the following:

(1) the total amount of time the student was enrolled in a bilingual or ESL program;

(2) the student's grades each grading period in each subject in the foundation curriculum under TEC, §28.002(a)(1);

(3) the student's performance on each assessment instrument administered under TEC, §39.023(a) or (c);

(4) the number of credits the student has earned toward high school graduation, if applicable; and

(5) any disciplinary actions taken against the student under TEC, Chapter 37, Subchapter A (Alternative Settings for Behavior Management).

(l) The student's permanent record shall contain documentation of all actions impacting the EB student.

(1) Documentation shall include:

(A) the original home language survey;

(B) the identification as an EB student;

(C) the designation of the student's level of language proficiency;

(D) the recommendation of program placement;

(E) parental approval or denial of placement into the program;

(F) the date of placement in the program;

(G) assessment information as outlined in Chapter 101, Subchapter AA, of this title;

(H) additional instructional linguistic accommodations provided to address the specific language needs of the student;

(I) the date of reclassification and the date of exit from the program with parental approval; and

(J) the results of monitoring for academic success, including students formerly identified as EB students, as required under TEC, §29.063(c)(4).

(2) Current documentation as described in paragraph (1) of this subsection shall be forwarded in the same manner as other student records to another school district in which the student enrolls.

(m) A school district may place a student in or exit a student from a program without written approval of the student's parent if:

(1) the student is 18 years of age or has had the disabilities of minority removed;

(2) the parent provides approval through a phone conversation or e-mail that is documented in writing and retained; or

(3) an adult who the school district recognizes as standing in parental relation to the student provides written approval. This may include a foster parent or employee of a state or local governmental agency with temporary possession or control of the student.

§ 89.1226. Testing and Classification of Students.

(a) The single state-approved English language proficiency test for identification of emergent bilingual (EB) students described in subsection (c) of this section shall be used as part of the standardized, statewide identification process.

(b) Within four calendar weeks of initial enrollment in a Texas public school, a student with a language other than English indicated on the home language survey shall be administered the state-approved English language proficiency test for identification as described in subsection (c) of this section and shall be identified as an EB student and recommended for placement into the required bilingual or English as a second language (ESL) program in accordance with the criteria listed in subsection (f) of this section.

(c) To identify EB students, school districts shall administer to each student who has a language other than English as identified on the home language survey:

(1) in prekindergarten through Grade 1, the listening and speaking components of the state-approved English language proficiency test for identification; and

(2) in Grades 2-12, the listening, speaking, reading, and writing components of the state-approved English language proficiency test for identification.

(d) School districts that provide a bilingual program at the elementary grades shall administer a language proficiency test in the home language of the student who is eligible to be served in the bilingual program. If the home language of the student is Spanish, the school district shall administer the Spanish version of the state-approved language proficiency test for identification. If a state-approved language proficiency test for identification is not available in the home language of the student, the school district shall determine the student's level of proficiency using informal oral language assessment measures.

(e) All language proficiency testing shall be administered by professionals or paraprofessionals who are proficient in the language of the test and trained in the language proficiency testing requirements of the test publisher.

(f) For placement into a bilingual or ESL program, a student shall be identified as an EB student using the following criteria.

(1) In prekindergarten through Grade 1, the student's score(s) from the listening and/or speaking components on the state-approved English language proficiency test for identification is/are below the level designated for indicating English proficiency.

(2) In Grades 2-12, the student's score(s) from the listening, speaking, reading, and/or writing components on the state-approved English language proficiency test for identification is/are below the level designated for indicating English proficiency.

(g) A student shall be identified as EB if the student's beginning English language skills interfere with the completion of the English language proficiency assessment described in subsection (c) of this section.

(h) The Language Proficiency Assessment Committee (LPAC), in conjunction with the admission, review, and dismissal (ARD) committee, shall identify a student as EB if the student's disability(ies) [ disabilities ] interfere with the completion of the English language proficiency assessment described in subsection (c) of this section. The bilingual or ESL program placement recommendation shall be determined by the LPAC, in conjunction with the ARD committee, in accordance with §89.1220(f) of this title (relating to Language Proficiency Assessment Committee (LPAC)), ensuring access to both the bilingual or ESL program and the special education and related services needed to provide a free, appropriate public education as identified in the student's individualized education program.

(i) An EB student enrolled in prekindergarten-Grade 12 may be reclassified as English proficient only at the end of the school year in which a student routinely demonstrates readiness for reclassification as English proficient and the ability to successfully participate in grade level content instruction that is delivered with no second language acquisition supports. EB students, including those with parental denials, are eligible for linguistic or non-linguistic based designated supports or accommodations on the state criterion-referenced English language arts and reading assessment instrument when recommended by the LPAC or any other committee. These designated supports or accommodations do not prevent an EB student from meeting reclassification criteria. An EB student reclassifies as English proficient when all three of the following criteria are met:

(1) a composite proficiency rating, which includes ratings in the areas of listening, speaking, reading, and writing, on the state-approved English language proficiency test for reclassification that is designated for indicating English proficiency . For prekindergarten students, the composite proficiency rating includes ratings in the areas of listening and speaking ;

(2) passing standard met on the English language arts and reading assessment instrument under Texas Education Code (TEC), §39.023(a) or (c), or, for students at grade levels not assessed by the aforementioned assessment instruments, a score at or above the 40th percentile on both the English reading and the English language arts sections of the state-approved norm-referenced standardized achievement instrument; and

(3) the results of a subjective teacher evaluation using the state's standardized rubric.

(j) [ (k) ] For EB students who are also eligible for special education services, the standardized process for student reclassification is followed in accordance with applicable provisions of subsection (i) of this section. However, annual meetings to review student progress and make recommendations for reclassification shall be made in all instances by the LPAC, in conjunction with the ARD committee, in accordance with §89.1230(b) of this title (relating to Eligible Students with Disabilities). Additionally, the LPAC, in conjunction with the ARD committee, shall determine participation and designated support or accommodation decisions on state criterion-referenced and English language proficiency assessments that differentiate between language proficiency and disabling conditions in accordance with §89.1230(a) of this title.

(l) [ (m) ] Notwithstanding §101.101 of this title (relating to Group-Administered Tests), all tests used for the purpose of identification and reclassification of students and approved by TEA shall be re-normed at least every eight years.

§ 89.1227. Minimum Requirements for Dual Language Immersion Program Model.

(a) A one-way or two-way dual language immersion (DLI) program model shall address all curriculum requirements specified in Chapter 74, Subchapter A, of this title (relating to Required Curriculum) in the program's partner language and English.

(b) A DLI program model shall be a full-time program of academic instruction in the program's partner language and English for all program participants, emphasizing the participation of identified emergent bilingual (EB) students. Access to the DLI program shall not be restricted based on race, creed, color, religious affiliation, age, or disability.

(c) A DLI program model shall provide educational access and [ equitable, ] authentic resources in English and the program's partner language to ensure development of bilingualism and biliteracy.

(d) The district shall develop a language allocation plan that ensures a minimum of 50% of content area instructional time is provided in the program's partner language for the duration of the program.

(e) Program implementation shall:

(1) begin at prekindergarten, Kindergarten, or Grade 1, as applicable, according to the district's earliest grade level provided;

(2) continue without interruption incrementally through the elementary grades;

(3) consider expansion to middle school and high school whenever possible; and

(4) include participation of former emergent bilingual students who have reclassified as English proficient for the duration of the program.

(f) A DLI program model shall be developmentally appropriate and based on current best practices identified in research. Particularly, EB students shall not be restricted access to a one-way or two-way DLI program model based on any linguistic or academic achievement measures in the program's partner language or English.

§ 89.1228. Two-Way Dual Language Immersion Program Model Implementation.

(a) Student enrollment in a two-way dual language immersion (DLI) program model is optional for non-emergent bilingual (EB) students in accordance with §89.1233(a) of this title (relating to Participation of Non-Emergent Bilingual Students).

(b) A two-way DLI program model shall fully disclose candidate selection criteria and ensure that access to the program is not based on race, creed, color, religious affiliation, age, or disability. Additionally, identified and reclassified EB students and non-EB students shall not be restricted access to the two-way DLI program model based on any linguistic or academic achievement measures in the program's partner language or English.

(c) A school district implementing a two-way DLI program model shall develop a policy for enrollment and continuation for students in this program model. The policy shall address:

(1) program [ equitable ] access, including the program's intention to maintain a ratio of 50% EB students to 50% non-EB students and have no more than two-thirds speakers of the partner language to one-third speakers of English in each classroom;

(2) support of program benefits and goals as stated in §89.1210 of this title (relating to Program Content and Design);

(3) the district's commitment to providing required [ equitable ] access to services for EB students and to ensuring continuity of program for all program participants;

(4) the program's language allocation plan for the grade levels in which the program will be implemented; and

(5) expectations for students, families, and district and campus stakeholders.

(d) A school district implementing a two-way DLI program model shall obtain written parental approval as follows.

(1) For EB students, written parental approval is obtained in accordance with §89.1240 of this title (relating to Parental Authority and Responsibility).

(2) For non-EB students, written parental approval is obtained through a school district-developed process.

(e) A school district implementing a two-way DLI program model shall determine the appropriate assessment option for program participants as follows.

(1) For EB students, the Language Proficiency Assessment Committee (LPAC) shall convene before the administration of the state criterion-referenced test each year to determine the appropriate assessment option for each EB student in accordance with §89.1220(i) of this title (relating to Language Proficiency Assessment Committee (LPAC)).

(2) For reclassified EB students and non-EB students, the appropriate assessment option for the administration of the state criterion-referenced test each year is determined by the LPAC or through a school district-developed process.

§ 89.1230. Eligible Dually Identified Students [ with Disabilities ].

(a) For students with disabilities, school districts shall utilize the state's criteria for identification of emergent bilingual (EB) students as described in §89.1226(f) of this title (relating to Testing and Classification of Students) and shall establish placement procedures that ensure that the placement recommendation by the Language Proficiency Assessment Committee (LPAC), in conjunction with the admission, review, and dismissal (ARD) committee, in a bilingual or English as a second language program is not refused based on the student's disability [ disabling condition ].

(b) LPAC members shall meet in conjunction with ARD committee members to review progress and provide recommendations regarding the educational needs of each dually identified [ EB ] student [ who also qualifies for services in the school district's special education program ].

§ 89.1235. Facilities.

(a) Bilingual and English as a second language (ESL) programs shall be located in the public schools of the school district with [ equitable ] access to all educational resources rather than in separate facilities.

(b) In order to provide the required bilingual or ESL programs, school districts may cluster the programs at designated facilities within the school district.

(c) Recent immigrant emergent bilingual students shall not remain enrolled in newcomer centers for longer than two years.

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 July 27, 2026.

TRD-202603146

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: September 6, 2026

For further information, please call: (512) 463-9526