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Latest TEA Rule Adoptions Implement
Major 2021 Public School Legislation
The TEA’s latest batch of rule adoptions that were posted in the June 3 Texas Register implement major school bills that passed during the 2021 regular legislative session.

Accelerated instruction (tutoring)
This adopted rule implements HB4545 (TEA fact sheet) requirements for accelerated instruction for students who do not pass their STAAR exams, including by requiring students to receive tutoring and other designated supports.

The adopted rule, among other things, specifies the applicability of HB4545 to special-ed students as well as regular education students.

The rule was adopted with only a few changes made despite numerous suggestions for revisions from the version that was posted for public comment. Effective: June 9.

Special Education
This new rule collectively implements provisions of special-ed bills HB785 and HB1252 by:
  • Increasing, from one year to two years, the deadline for a parent or a school district to file a due process complaint that triggers a hearing before a special-ed hearing officer. (The two year deadline is the maximum allowed by federal special-ed law.)

    Note: This provision of the rule — providing for a two-year window to file a special-ed complaint — becomes effective on Sept. 1, 2022.

  • Revising provisions related to behavioral management plans and interventions for special-ed students.

  • Clarifying the documentation, notification and other requirements related to restraints and time outs.

  • Allowing a physician-supervised physician assistant or advanced practice registered nurse to substitute for the requirement that a physician must serve on a school district’s multidisciplinary team that determines a student’s “other impairment.”
No changes were made on final adoption to the rule (as originally proposed), despite numerous suggestions for revisions made via public comments. Effective: June 7.


Instructional Materials Technology Funding
This adopted rule implements HB1525 and HB3261 by:
  • Changing the name of the Technology and Instructional Materials Allotment to the Instructional Materials and Technology Allotment.

  • Expanding the types of technology products and services that can be funded by the allotment.

    The rule, for instance, would specify that funds could be used to buy equipment and technology infrastructure to ensure internet connectivity and adequate bandwidth — and to pay for training personnel in the electronic administration of assessment instruments.

  • Specifying the criteria to be used in buying technology equipment/services.
No changes on final adoption (as originally proposed) and no public comments were received. Effective: June 7.