TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 61. SCHOOL DISTRICTS

SUBCHAPTER AA. COMMISSIONER'S RULES ON SCHOOL FINANCE

19 TAC §61.1011

The Texas Education Agency (TEA) proposes repeal of §61.1011, concerning additional state aid for tax reduction. The proposed repeal is necessary because the authorizing statute expired September 1, 2017.

BACKGROUND INFORMATION AND JUSTIFICATION: Prior to September 1, 2017, Texas Education Code (TEC), §42.2516, allowed school districts to be held harmless for the loss in local tax collections for maintenance and operations caused by the compression of adopted tax rates by one third. Section 61.1011, adopted under former TEC, §42.2516, detailed the calculation of the hold harmless levels for each district, known as revenue targets, as well as how to determine whether hold harmless money was needed or if the state and local revenue received through formula funding was sufficient so that hold harmless money would not have been needed.

Since the provisions of former TEC, §42.2516, which provided for the calculation of additional state aid for tax reduction, expired September 1, 2017, there is no longer a need for a rule detailing the calculations.

FISCAL IMPACT: Leo Lopez, associate commissioner for school finance/chief school finance officer, has determined that for the first five-year period the proposal is in effect there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §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 does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

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 prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would repeal an existing regulation. The proposed repeal would remove from rule provisions relating to the additional state aid for tax reduction allotment, which expired September 1, 2017.

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 expand or limit an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Mr. Lopez 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 removing outdated provisions from rule to coincide with changes to the authorizing statute. 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 or reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The 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: The public comment period on the proposal begins January 10, 2020, and ends February 10, 2020. 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 January 10, 2020. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/. Comments on the proposal may also be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.

STATUTORY AUTHORITY. The repeal is proposed under Texas Education Code (TEC), §42.2516, which, prior to September 1, 2017, provided for hold harmless payments for school districts for the loss of local tax collections due to the tax rate compression instituted in 2006. Former TEC, §42.2516(g), authorized the commissioner to adopt rules necessary to implement additional state aid for tax reduction.

CROSS REFERENCE TO STATUTE. The repeal implements Texas Education Code, §42.2516, as this section existed before the expiration of subsections (b)-(f) on September 1, 2017.

§61.1011.Additional State Aid for Tax Reduction (ASATR).

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 December 20, 2019.

TRD-201904947

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: February 9, 2020

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


SUBCHAPTER FF. COMMISSIONER'S RULES CONCERNING VETERANS AND MILITARY DEPENDENTS [COMMISSIONER'S RULES CONCERNING HIGH SCHOOL DIPLOMAS FOR CERTAIN VETERANS]

DIVISION 2. MILITARY-CONNECTED STUDENTS

19 TAC §61.1063

The Texas Education Agency (TEA) proposes new §61.1063, concerning purple star campus designation. The proposed new rule would implement Senate Bill (SB) 1557, 86th Texas Legislature, 2019, by adopting in rule the criteria campuses must demonstrate in order to qualify to apply for and earn the Purple Star Designation.

BACKGROUND INFORMATION AND JUSTIFICATION: SB 1557, 86th Texas Legislature, 2019, added Texas Education Code (TEC), §33.909, establishing the Purple Star Campus Designation and criteria campuses must demonstrate to earn the designation. TEC, §33.909, specifies that for a campus to earn the designation, the campus must designate a campus-based military liaison, create or maintain a webpage with information specific to military-connected families, establish or maintain a current campus transition program, and offer one of three initiatives: a resolution showing support for military connected students and families, recognition of Month of the Military Child or Military Family Month with relevant events hosted by the campus, or partnership with a school liaison officer to encourage and provide opportunities for active duty military members to volunteer in local schools.

Proposed new 19 TAC Chapter 61, School Districts, Subchapter FF, Commissioner's Rules Concerning Veterans and Military Dependents, Division 2, Military-Connected Students, §61.1063, Purple Star Campus Designation, would address the requirements of TEC, §33.909, as follows.

Proposed new subsection (a) would set forth the purpose of the proposed new rule in accordance with TEC, §33.909.

Proposed new subsection (b) would establish definitions for terms used in the proposed new rule.

Proposed new subsection (c) would delineate the criteria required for campuses who voluntarily apply to earn the designation as a Purple Star Campus.

Proposed new subsection (c)(1) would list the requirements related to designating a campus-based military liaison and the duties of the liaison, including supporting military-connected students and their families, ensuring students are properly identified in the Texas Student Data System Public Education Information Management System (TSDS PEIMS), providing supports and services for students and families based on their unique needs and high mobility, and offering professional development opportunities for staff members.

Proposed new subsection (c)(2) would list the requirements related to creating and maintaining a webpage that includes information specific to mitigating barriers as military-connected students transition in and out of Texas public schools.

Proposed new subsection (c)(3) would list the requirements related to a campus transition program led by the military liaison or student leaders or ambassadors to assist with introductions to the school environment and school processes.

Proposed new subsection (c)(4) would reiterate the statutory requirement to offer at least one of the following initiatives: a resolution showing support for military connected students and families, participation in the Month of the Military Child or Military Family Month, or partner with school liaison officer to provide opportunities for active duty military members to volunteer in the local schools.

Proposed new subsection (d) would specify provisions related to the TEA application and renewal process for Purple Star Campus Designation.

FISCAL IMPACT: Matt Montano, deputy commissioner for special populations, has determined that for the first five-year period the proposal is in effect there are no additional costs to state or local government, including school districts and open-enrollment charter schools, who apply to earn the designation. Application for the designation is voluntary.

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 does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

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 prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would create new regulations for campuses who voluntarily apply and to earn the Purple Star Campus Designation. The proposal would lay out the criteria for school districts and open-enrollment charter schools to earn the designation.

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 expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to the rule's applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Mr. Montano 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 establishing in rule the criteria and requirements for Purple Star Campus Designation. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have new data reporting for campuses to submit through the agency's application process demonstrating that a campus has met criteria to be designated as a Purple Star Campus. Application for the designation is voluntary.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA has determined that the proposal would require that a campus-based staff member submit the application to demonstrate that the campus has met the criteria to earn the designation.

PUBLIC COMMENTS: The public comment period on the proposal begins January 10, 2020, and ends February 10, 2020. 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 January 10, 2020. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/. Comments on the proposal may also be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.

STATUTORY AUTHORITY. The new section is proposed under Texas Education Code (TEC), §33.909, which establishes the criteria campuses must demonstrate in order to qualify to apply for and earn the Purple Star Campus Designation. TEC, §33.909(e), requires the Texas Education Agency to adopt rules necessary to administer this statute.

CROSS REFERENCE TO STATUTE. The new section implements Texas Education Code, §33.909.

§61.1063.Purple Star Campus Designation.

(a) Purpose. In accordance with Texas Education Code (TEC), §33.909, a campus may qualify to earn the Purple Star Designation if the campus meets criteria demonstrating supports and resources for its military-connected student population.

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

(1) Military-connected student--A student enrolled in a school district or an open-enrollment charter school who is a dependent of a current or former member of the United States military, Texas National Guard, or reserve force in the United States military or who was a dependent of a member of the United States military, Texas National Guard, or reserve force in the United States military who was killed in the line of duty.

(2) School liaison officer--An individual who works for the federal or state government and serves as the primary point of contact for school related matters on military installations. School liaison officers represent, inform, and assist commanding officers and military families with school issues; coordinate with local school systems; and create collaborative partnerships between the military and schools.

(c) Criteria. To qualify to apply for designation as a Purple Star Campus, a campus must meet the following requirements.

(1) Campus-based military liaison. A campus must designate an assigned staff member as a military liaison.

(A) The campus-based military liaison may be:

(i) a campus counselor;

(ii) a teacher;

(iii) a campus administrator such as a principal or an assistant principal; or

(iv) another campus staff member who supports highly mobile students.

(B) The campus-based military liaison must support military-connected students and their families by:

(i) serving as the point of contact and working collaboratively between military-connected students and their families and the campus;

(ii) maintaining familiarity with enrollment processes, records transfer, existing community resources, and student supports;

(iii) ensuring military-connected students are identified and properly coded through the Texas Student Data System Public Education Information Management System (TSDS PEIMS);

(iv) determining campus-based supports and services available to military-connected students based on their unique needs, including their high mobility;

(v) assisting in coordinating campus-based programs relevant to military-connected students; and

(vi) attending professional development or training annually to learn and understand topics related to the transition of military-connected students and their families.

(C) The campus-based military liaison must offer professional development opportunities for staff members on issues related to military-connected students. Such issues include, but are not limited to:

(i) military culture;

(ii) deployments and family separations;

(iii) the Interstate Compact on Educational Opportunity for Military Children;

(iv) the TSDS PEIMS military student identifier;

(v) mitigating the effects of high mobility;

(vi) issues that address the physical and mental effects of military service, including post-traumatic stress disorder, traumatic brain injury, and other physical injuries;

(vii) supporting students connected to veterans;

(viii) supporting students with a parent or guardian in the national guard or reserve; and

(ix) supporting students with a parent or guardian who has fallen in the line of duty.

(2) Webpage. A campus must create and maintain an easily accessible webpage that includes the following information for military-connected students and their families.

(A) Relocation. The military-connected student and family support webpage must include information regarding relocation to the campus such as introductions to school environment and processes, enrollment information in extracurricular activities and clubs, tutoring opportunities, student code of conduct, and contact information of pertinent school staff.

(B) Enrollment and registration. The military-connected student and family support webpage must provide information regarding the process and requirements for enrollment, including:

(i) a checklist of required documentation needed to enroll at the campus, which may include information such as copies of student records, transcripts, and residence documentation; and

(ii) eligibility requirements for free public school prekindergarten, as required by TEC, §29.153, for a child of an active duty member of the armed forces, national guard, or reserve component of the armed forces, who is ordered to active duty by proper authority.

(C) Academic planning. The military-connected student and family support webpage must provide a link to information on course sequences, advanced classes available on campus, and information on the Interstate Compact on Educational Opportunity for Military Children, as specified in TEC, Chapter 162.

(D) Counseling and support services. The military-connected student and family support webpage must provide eligibility, application, and referral information offered specifically to military-connected families for counseling and support services on or off a military installation.

(E) Campus-based military liaison. The military-connected student and family support webpage must provide the contact information and duties of the campus's designated military liaison.

(3) Campus transition program.

(A) Introductions to the school environment and school processes by the campus-based military liaison or by campus-based student leaders or ambassadors, if determined appropriate by the campus-based military liaison, must be provided to new military-connected students.

(B) Any student leaders or ambassadors should be supported or sponsored by a campus-based staff member such as:

(i) the campus-based military liaison;

(ii) a campus counselor;

(iii) a teacher;

(iv) a campus administrator such as a principal or an assistant principal; or

(v) another staff member who supports highly mobile students.

(C) Any student leaders or ambassadors should participate in the following activities:

(i) organizing and hosting newcomer social events throughout the school year that give military-connected students and families an opportunity to learn about campus culture, processes, and the community;

(ii) facilitating guided tours of the campus, including the library, nurse's office, counseling office, gym, and cafeteria; and

(iii) accompanying the new student to lunch the first week of school.

(4) Initiatives. A campus must offer at least one of the following initiatives:

(A) a resolution showing support for military-connected students and families;

(B) participation in the Month of the Military Child or Military Family Month; or

(C) partnership with a school liaison officer to encourage and provide opportunities for active duty military members to volunteer in the local schools, speak at a school assembly, or host a school field trip.

(d) Application and renewal.

(1) The campus-based military liaison must complete the Texas Education Agency (TEA) Purple Star Campus Designation application available on the TEA website.

(2) Campus designation criteria must be met and submitted in the application.

(3) The Purple Star Campus Designation will be awarded every school year beginning with the 2020-2021 school year.

(4) Campuses that satisfy the criteria and are awarded the Purple Star Campus Designation are eligible to recertify the designation every two school years.

(5) Campuses not selected for award of the Purple Star Campus Designation will be given an opportunity to appeal the decision of non-selection through an appeal process explained in the non-selection notification.

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 December 20, 2019.

TRD-201904948

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: February 9, 2020

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