PART 10. DEPARTMENT OF INFORMATION RESOURCES

Transcription

1 TITLE 1. ADMINISTRATION PART 10. DEPARTMENT OF INFORMATION RESOURCES CHAPTER 206. STATE WEBSITES The Texas Department of Information Resources (the Department) proposes amendments to 1 TAC Chapter 206, 206.1, , , , and , concerning the State Websites, to clarify the processes and policies of current practices and correct typographical errors. The Department published a formal notice of rule review in the March 11, 2016, issue of the Texas Register (41 TexReg 1980). Review of the sections implements Government Code, In 1 TAC 206.1, the Department proposes adding the definition for assistive technologies. The definition is consistent with 1 TAC 213 and provides clarification to the rule. The Department clarifies the definition of Section 508. The Department revised the definition of Electronic and information resources to be consistent with 1 TAC 213. The Department adds a definition for Worldwide Web Consortium Web Content Accessibility Guidelines 2.0. Finally, the Department proposes renumbering the definitions to reflect the changes. In 1 TAC (a), the Department clarifies the effective date of complying with the standards referenced in US Section 508 Appendix A Chapter (WCAG 2.0 Level AA excluding Guideline 1.2 Time Based Media). In 1 TAC (b), the Department in consultation with Accessibility coordinators, determined each state agency must consider captioning and alternative forms of accommodation for videos posted on state websites. In 1 TAC (c), the Department staff proposes language changes to clarify the rule. In 1 TAC (d), the Department staff proposes a language change to clarify the rule and allow increased flexibility for state agencies. In 1 TAC (e), the Department staff proposes removing unnecessary language. In 1 TAC (f), the Department staff proposes adding new language to ensure state agencies remain up to date on emerging technologies and content delivery platforms. In 1 TAC (g), the Department staff proposes adding a requirement for the Department to assist in setting statewide goals and track agencies progress towards those goals. In 1 TAC , the Department staff proposes correction of an incorrect Texas Penal Code legal citation. In 1 TAC (a), the Department clarifies the effective date of complying with the standards referenced in US Section 508 Appendix A Chapter (WCAG 2.0 Level AA excluding 1.2 Time Based Media). In 1 TAC (b), the Department in consultation with Accessibility coordinators, determined each institute of higher education must consider captioning and alternative forms of accommodation for videos posted on state websites. In 1 TAC (c), the Department staff proposes language changes to clarify the rule. In 1 TAC (d), the Department staff proposes a language change to clarify the rule and allow increased flexibility for institutions of higher education. In 1 TAC (e), the Department staff proposes removing unnecessary language. In 1 TAC (f), the Department staff proposes adding new language to ensure institutions of higher education remain up to date on emerging technologies and content delivery platforms. In 1 TAC (g), the Department staff proposes adding a requirement for the Department to assist in setting institution of higher education goals and track institutions of higher education progress towards those goals. In 1 TAC , the Department staff proposes correction of an incorrect Texas Penal Code legal citation. The changes to the chapter apply to state agencies and institutions of higher education. The assessment of the impact of the adopted changes on institutions of higher education was prepared in consultation with the Information Technology Council for Higher Education (ITCHE) in compliance with (c), Texas Government Code. John Hoffman, Chief Technology Officer, has determined during the first five-year period following the amendments to 1 TAC Chapter 206 there will be no fiscal impact on state agencies, institutions of higher education and local governments. Mr. Hoffman has further determined for each year of the first five years following the adoption of the amendments to 1 TAC Chapter 206 there are no anticipated additional economic costs to persons or small businesses required to comply with the amended rule. Mr. Hoffman has further determined that for the first five years the sections are in effect, the public benefit anticipated as a result of the amended rules will result in better accessibility to state websites for citizens with disabilities. Written comments on the proposed rules may be submitted to Martin Zelinsky, General Counsel, 300 West 15th Street, Suite 1300, Austin, Texas 78701, or to martin.zelinsky@dir.texas.gov. PROPOSED RULES September 29, TexReg 5195

2 Comments will be accepted for 30 days after publication in the Texas Register. SUBCHAPTER A. DEFINITIONS 1 TAC The amendments are proposed under (a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities under Chapter 2054, and , , , , and , Texas Government Code, which reference rules created by the department regarding the development of State Websites. No other code, article or statute is affected by this proposal Applicable Terms and Technologies for State Websites. The following words and terms, when used in this chapter, must have the following meanings, unless the context clearly indicates otherwise. (1) Section 508--The technical standards issued by the US Access Board implementing Section 508 of the Rehabilitation Act of 1973 as amended, 29 U.S.C. 794(d). In particular, the standards related to web accessibility (WCAG 2.0 AA) contained in 36 CFR Part (2) Accessible--A web page that can be used in a variety of ways and [that] does not depend on a single sense or ability. (3) Agency head--the top-most senior executive with operational accountability for an agency, department, commission, board, office, council, authority, or other agency in the executive or judicial branch of state government, that is created by the constitution or a statute of the state; or institutions of higher education, as defined in , Education Code. (4) Alternate formats--alternate formats usable by people with disabilities may include, but are not limited to, Braille, ASCII text, large print, recorded audio, and electronic formats that comply with this chapter. (5) Alternate methods--different means of providing information, including product documentation, to people with disabilities. Alternate methods may include, but are not limited to, voice, fax, relay service, TTY, Internet posting, captioning, text-to-speech synthesis, and audio description. (6) Assistive Technologies--Any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities. (7) [(6)] Contact information--a list of key personnel, positions, or program names, with corresponding phone numbers and/or addresses for each; and other information deemed necessary by the agency or institution of higher education for facilitating public access. (8) [(7)] Compact With Texans--Customer service standards and performance measures required of state agencies, including institutions of higher education, by and , Texas Government Code. (9) [(8)] Electronic and information resources--includes information technology and any equipment or interconnected system or subsystem of equipment [that is] used to create, convert, duplicate, or deliver [in the creation, conversion, duplication, storage, or delivery of] data or information. EIR [The term] includes [but is not limited to,] telecommunications products [(such as telephones)], information kiosks and transaction machines, web sites, multimedia, and office equipment such as copiers and fax machines. The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, [HVAC (heating, ventilation and air conditioning)] equipment such as thermostats or temperature control devices, and medical equipment that contain [where] information technology that is integral to its operation, are not information technology [electronic and] [resources]. If the embedded information technology has an externally available web or computer interface, that interface is considered EIR. Other terms such as, but not limited to, Information and Communications Technology (ICT), Electronic Information Technology (EIT), etc. can be considered interchangeable terms with EIR for purposes of applicability or compliance with this chapter. (10) [(9)] Exception--A justified, documented non-conformance with one or more standards or specifications of Chapter 206 and/or Chapter 213 of this title, which has been approved by the agency head. (11) [(10)] Exemption--A justified, documented non-conformance with one or more standards or specifications of Chapter 206 and/or Chapter 213 of this title, which has been approved by the Department and which is applicable statewide. (12) [(11)] High-value data set--information that can be used to increase state agency accountability and responsiveness, improve public knowledge of the agency and its operations, further the core mission of the agency, create economic opportunity, or respond to need and demand as identified through public consultation. The term does not include information that is confidential or protected from disclosure under state or federal law. (13) [(12)] Home page--the initial page that serves as the front door or entry point to a state website. (14) [(13)] Internet--An electronic communications network that connects computer networks and computer facilities around the world. (15) [(14)] Intranet--A computer network operating like the Internet but having access restricted to a limited group of authorized users such as employees of an agency or an institution of higher education. (16) [(15)] Key public entry point--a web page on a state website that is frequently accessed directly by members of the public, which a state agency or institution of higher education has specifically designed to enable direct access to official agency or institution of higher education information. (17) [(16)] Open standard format--stable, published formats for data that are nonproprietary, free from licensing restrictions, independent of any individual vendor, and free to use, reuse, and redistribute. (18) [(17)] Personal identifying information -- Information that could serve to identify an individual as defined by , Texas Business and Commerce Code. (19) [(18)] Site policies page--a web page containing the website policies of the state agency or institution of higher education, or a link to each policy. (20) [(19)] State website--a website that is connected to the Internet and is owned, funded, or operated by or for a state agency [or institution of higher education], including key public entry points. 42 TexReg 5196 September 29, 2017 Texas Register

3 (21) [(20)] TRAIL--Texas Records and Information Locator or its successor, providing a method to do a statewide search. (22) [(21)] Transaction Risk Assessment--An evaluation of the security and privacy required for an interactive web session providing public access to government information and services. Additional information and guidelines are included in Part 2: Risks Pertaining to Electronic Transactions and Signed Records in "The Guidelines for the Management of Electronic Transactions and Signed Records" available on the Department's website. (23) Worldwide Web Consortium Web Content Accessibility Guidelines 2.0--a referenceable, international technical standard containing 12 guidelines that are organized under 4 principles: perceivable, operable, understandable, and robust. For each guideline, there are testable success criteria, which are at three levels: A, AA, and AAA. Also known as ISO/IEC International Standard ISO/IEC 40500:2012. (24) [(22)] Web page--presentation of state website content, including documents and files containing text, graphics, sounds, video, or other content, that is accessed through a web browser. Filed with the Office of the Secretary of State on September 14, TRD Martin Zelinsky General Counsel Department of Information Resources For further information, please call: (512) SUBCHAPTER B. STATE AGENCY WEBSITES 1 TAC , The amendments are proposed under (a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities under Chapter 2054, and , , , and , Texas Government Code, which reference rules created by the department regarding the development of State Websites. No other code, article or statute is affected by this proposal Accessibility. (a) Effective April 18, 2020, [September 1, 2006,] unless an exception is approved by the agency head or an exemption has been made for specific technologies pursuant to of this title, all new or changed web pages must comply with: (1) the standards referenced [described] in US Section 508 Appendix A Chapter (WCAG 2.0 Level AA excluding Guideline 1.2 Time Based Media): [Subpart B , paragraphs (a) through (p), excluding paragraphs (b) and (k);] (A) Agencies shall consider the use of these standards for new websites or web applications prior to the effective date; or (B) may continue to use US Section 508 standards published in the Federal Register on December 21, 2000, subpart B , paragraphs (a) through (p), excluding paragraphs (b) and (k) prior to the effective date; (2) the standards and specifications described in this section; and (3) the standards and specifications applicable to a state agency's accessibility policy described in of this title. (b) Based on a request for accommodation of a webcast of a live/real time open meeting (Open Meetings Act, Texas Government Code, Chapter 551) or training and informational video productions which support the agency's mission, each state agency must consider captioning and alternative forms of accommodation for videos posted on state websites. Refer to of this chapter for definitions for Alternate Formats and Alternate Methods. (c) When compliance cannot be accomplished for an EIR, an alternative version of the page, form, application, document, or other EIR with equivalent information or functionality, must be provided to make a website comply with the provisions of this section. The alternative version must remain synchronized to the primary EIR and updated whenever the primary EIR changes. [ An alternative version page, with equivalent information or functionality, must be provided to make a website comply with the provisions of this section, when compliance cannot be accomplished in any other way. The content of the alternative page must be updated whenever the primary page changes.] (d) Effective September 1, 2006, unless an exception is approved by the agency head or an exemption has been made for specific technologies pursuant to of this title, all new or changed web page/site designs must be tested by the state agency using one or more EIR accessibility validation tools, including but not limited to the use of automated methods, manual methods or assistive technologies to validate compliance with this chapter. [Section 508 compliance tools in conjunction with manual procedures to validate compliance with this chapter.] (e) A state agency must establish an accessibility policy as described in of this title which must include criteria for monitoring its website for compliance with the standards and specifications of this chapter. [Additional information about testing tools and resources are available on the Department's website.] (f) State websites and web applications should be designed to support: [Each state website should be designed with consideration for current and emerging Internet connection technologies available to the general public.] (1) variations in internet connection speeds and emerging communications protocols and technologies; and (2) the ability to adapt content to end user devices such as mobile phone, tablets, or other devices which are available to the general public. (g) The department shall assist with establishing statewide agency website accessibility compliance goals, and track agency progress towards achieving those goals Privacy. (a) Each state agency must protect the privacy and personal identifying information of members of the public who provide or receive information from or through the state agency website. (b) Each state agency must publish a privacy notice that describes applicable provisions of its privacy policy on its home page and all key public entry points or its site policies page. (c) The privacy notice: (1) Must describe the practices employed by the state agency to protect personal identifying information. PROPOSED RULES September 29, TexReg 5197

4 (2) Must conform to requirements of Chapters 552 and 559, Texas Government Code. (3) Must be consistent with the State Website Linking and Privacy Policy published on the Department's website. (d) Prior to providing access to information or services on a state website that requires personal identifying information, each state agency must conduct a transaction risk assessment, and implement appropriate privacy and security safeguards that conform to requirements of Chapter 202 of this title. (e) Any web based form on a state agency's website that requests information from the public must have a link to the state agency's website privacy notice. (f) Web pages designed for children must comply with all applicable federal and state laws, including provisions of the Children's Online Privacy Protection Act of 1998 and Texas Penal Code Chapter 33 [Texas Government Code, Chapter 420], intended to protect minors. Filed with the Office of the Secretary of State on September 14, TRD Martin Zelinsky General Counsel Department of Information Resources For further information, please call: (512) SUBCHAPTER C. INSTITUTION OF HIGHER EDUCATION WEBSITES 1 TAC , The amendments are proposed under (a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities under Chapter 2054, and , , , and , Texas Government Code, which reference rules created by the department regarding the development of State Websites. No other code, article or statute is affected by this proposal Accessibility. (a) Effective April 18, 2020, [September 1, 2006,] unless an exception is approved by the agency head or an exemption has been made for specific technologies pursuant to of this title, all new or changed web pages must comply with: (1) the standards referenced in US Section 508 Appendix A Chapter (WCAG 2.0 Level AA excluding Guideline 1.2 Time Based Media): [described in Section 508 Subpart B , paragraphs (a) through (p), excluding paragraphs (b) and (k);] (A) Agencies shall consider the use of these standards for new websites or web applications prior to the effective date; or (B) may continue to use US Section 508 standards published in the Federal Register on December 21, 2000, subpart B , paragraphs (a) through (p), excluding paragraphs (b) and (k) prior to the effective date; (2) the standards and specifications described in this section; and (3) the standards and specifications applicable to a state agency's accessibility policy described in of this title. (b) Based on a request for accommodation of a webcast of a live/real time open meeting (Open Meetings Act, Texas Government Code, Chapter 551) or training and informational video productions which support the institute of higher education's mission, each institute of higher education must consider captioning and alternative forms of accommodation for videos posted on state websites. Refer to of this chapter for definitions for Alternate Formats and Alternate Methods. (c) When compliance cannot be accomplished for an EIR, an alternative version of the page, form, application, document, or other EIR with equivalent information or functionality, must be provided to make a website comply with the provisions of this section. The alternative version must remain synchronized to the primary EIR and updated whenever the primary EIR changes. [An alternative version page, with equivalent information or functionality, must be provided to make a website comply with the provisions of this section, when compliance cannot be accomplished in any other way. The content of the alternative page must be updated whenever the primary page changes.] (d) Effective September 1, 2006, unless an exception is approved by the agency head or an exemption has been made for specific technologies pursuant to of this title, all new or changed web page/site designs must be tested by the institution of higher education using one or more EIR accessibility validation tools, including but not limited to the use of automated methods, manual methods or assistive technologies to validate compliance with this chapter. [Section 508 compliance tools in conjunction with manual procedures to validate compliance with this chapter.] (e) An institution of higher education must establish an accessibility policy as described in of this title which must include criteria for monitoring its website for compliance with the standards and specifications of this chapter. [Additional information about testing tools and resources are available on the Department's website. ] (f) Institutions of higher education websites and web applica- tions should be designed to support: [Each state website should be designed with consideration for current and emerging Internet connection technologies available to the general public.] (1) variations in internet connection speeds and emerging communications protocols and technologies; (2) the ability to adapt content to end user devices such as mobile phone, tablets, or other devices which are available to the general public. (g) The Department shall assist in consultation with ITCHE with establishing statewide agency website accessibility compliance goals for institutions of higher education, and track progress towards achieving those goals Privacy. (a) Each institution of higher education must protect the privacy and personal identifying information of members of the public who provide or receive information from or through the institution of higher education website. (b) Each institution of higher education must publish a privacy notice that describes applicable provisions of its privacy policy on its home page and all key public entry points or its site policies page. (c) The privacy notice: 42 TexReg 5198 September 29, 2017 Texas Register

5 (1) Must describe the practices employed by the institution of higher education to protect personal identifying information. (2) Must conform to requirements of Chapters 552 and 559, Texas Government Code. (3) Must be consistent with the State Website Linking and Privacy Policy published on the Department's website. (d) Prior to providing access to information or services on a state website that requires personal identifying information, each institution of higher education must conduct a transaction risk assessment, and implement appropriate privacy and security safeguards that conform to requirements of Chapter 202 of this title. (e) Any web based form on an institution of higher education's website that requests information from the public must have a link to the institution of higher education's website privacy notice. (f) Web pages designed for children must comply with all applicable federal and state laws, including provisions of the Children's Online Privacy Protection Act of 1998 and Texas Penal Code Chapter 33, [Texas Government Code, Chapter 420,] intended to protect minors. Filed with the Office of the Secretary of State on September 14, TRD Martin Zelinsky General Counsel Department of Information Resources For further information, please call: (512) TITLE 16. ECONOMIC REGULATION PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION CHAPTER 71. WARRANTORS OF VEHICLE PROTECTION PRODUCTS 16 TAC 71.1, 71.10, 71.20, 71.22, 71.70, 71.80, The Texas Department of Licensing and Regulation (Department) proposes the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 71, 71.1, 71.10, 71.20, 71.22, 71.70, 71.80, and 71.90, regarding the Vehicle Protection Product Warrantors Program. JUSTIFICATION AND EXPLANATION OF THE RULES This proposal repeals the existing rules of the Texas Commission of Licensing and Regulation (Commission), the Department s governing body, regarding the licensing and regulation of Vehicle Protection Product Warrantors by the Department. The existing rules under 16 TAC Chapter 71 implemented the former Texas Occupations Code, Chapter The repeal of the existing rules is necessary to implement Senate Bill (S.B.) 2065, 85th Legislature, Regular Session, This bill, in part, repealed Texas Occupations Code, Chapter 2306, Vehicle Protection Product Warrantors, and relocated the regulation of vehicle protection products and warrantors to Texas Business and Commerce Code, Chapter 17, Subchapter E, the Deceptive Trade Practices-Consumer Protection Act. These statutory changes were effective September 1, This proposal repeals the existing rules for the Vehicle Protection Product Warrantors Program under 16 TAC Chapter 71, 71.1, 71.10, 71.20, 71.22, 71.70, 71.80, and As of September 1, 2017, the Department no longer regulates or licenses vehicle protection products or warrantors. FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT Brian E. Francis, Executive Director, has determined that for each year of the first five years the proposed repeal of the rules is in effect, there will be a reduction in costs to the State. While S.B repealed the Vehicle Protection Product Warrantors statute, the rules under 16 TAC Chapter 71 implemented the program. There will be a reduction in costs to the State in the amount of $7,460 each year for the first five years due to the Department no longer needing to pay full time employees (FTEs) to collect application and renewal fees, to enforce the statutes and rules, and to provide compliance assistant and information. No FTEs worked on this program on a full-time basis, so there is no loss of FTEs. In addition, Mr. Francis has determined that for each year of the first five years the proposed repeal of the rules is in effect, there will be a loss of revenue to the State. While S.B repealed the Vehicle Protection Product Warrantors statute, the rules under 16 TAC Chapter 71 set out the specific fee amounts that were paid to the Department. Vehicle Protection Product Warrantors paid $250 in application fees and $250 - $1,000 in annual renewal fees depending on the number of warranties sold each year. Elimination of the application and annual renewal fees will result in a loss of revenue to the State in the amount of $36,300 each year for the first five years. Mr. Francis has determined that enforcing or administering the proposed repeal of the rules under 16 TAC Chapter 71 does not have foreseeable implications relating to costs or revenues of local governments for the first five years the proposed repeal is in effect. Local governments were not involved in the regulation of the Vehicle Protection Product Warrantors Program, and S.B did not transfer any responsibilities to local governments. LOCAL EMPLOYMENT IMPACT STATEMENT Mr. Francis has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code PUBLIC BENEFITS Mr. Francis also has determined that for each year of the first five-year period the proposed repeal of the rules is in effect, the public benefit will be elimination of obsolete rules. The rules under 16 TAC Chapter 71 implemented Texas Occupations Code Chapter 2306, which was repealed by S.B In addition, the repeal of the Vehicle Protection Product Warrantors statute and rules eliminate the cost of a regulatory program with a small license population, zero to little enforcement activity, and minimal risk of consumer harm. There will be less of a tax burden on taxpayers. Companies will no longer be required to submit initial or renewal applications and fees, so there is less of a regulatory burden on the businesses in this industry, potentially enabling a reduction of the prices of vehicle protection products PROPOSED RULES September 29, TexReg 5199

6 for consumers. Consumers are still protected through certain consumer protection provisions in the Deceptive Trade Practices-Consumer Protection Act, Business and Commerce Code, Chapter 17, Subchapter E. PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL Mr. Francis has determined that for each year of the first fiveyear period the proposed repeal of the rules is in effect, there will be a reduction in costs to persons who are required to comply with the proposed repeal of the rules. Vehicle Protection Product Warrantors will no longer have to pay $250 in application fees or $250 - $1,000 in annual renewal fees, based on the number of warranties sold. The elimination of the application and annual renewal fees will be a reduction in costs in the amount of $36,300 each year for the first five years. ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS- FISCAL IMPACT ON SMALL BUSI- NESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed repeal of the rules. Since the agency has determined that the proposed repeal of the rules will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code , are not required. ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT Under Government Code , a state agency may not adopt a proposed rule if the fiscal note states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the proposed rule. There are exceptions for certain types of rules under (c). The proposed repeal of the rules does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code PUBLIC COMMENTS Comments on the proposal may be submitted to Pauline Easley, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) , or electronically: erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register. STATUTORY AUTHORITY The repeal of the existing rules is proposed under Texas Occupations Code, Chapter 51, which authorizes the Commission, the Department s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapter 51 and former Chapter 2306, and Texas Business and Commerce Code, Chapter 17. No other statutes, articles, or codes are affected by the proposal Authority Definitions Registration and Renewal Requirements--General Registration Requirements--Financial Security Requirements Responsibilities of Registrant Fees Administrative Penalties and Sanctions. Filed with the Office of the Secretary of State on September 18, TRD Brian E. Francis Executive Director Texas Department of Licensing and Regulation For further information, please call: (512) TITLE 19. EDUCATION PART 2. TEXAS EDUCATION AGENCY CHAPTER 61. SCHOOL DISTRICTS SUBCHAPTER BB. COMMISSIONER'S RULES ON REPORTING REQUIREMENTS 19 TAC The Texas Education Agency (TEA) proposes the repeal of , concerning community and student engagement. The proposed repeal is necessary because the statutory authority for the rule was repealed. House Bill (HB) 5, 83rd Texas Legislature, 2013, added the Texas Education Code (TEC), , establishing community and student engagement indicators and requiring districts to report to TEA self-assigned district and campus ratings in eight specific categories. The commissioner adopted 19 TAC effective June 26, 2014, to provide instructions for the required reporting. HB 2804, 84th Texas Legislature, 2015, added the TEC, , requiring that community and student engagement ratings be part of the state academic accountability system. The TEA amended 19 TAC effective June 8, 2017, to provide instructions for reporting these ratings. HB 22, 85th Texas Legislature, Regular Session, 2017, repealed the TEC, and The proposed repeal of 19 TAC is necessary because the statutory authority for the rule has been repealed. The proposed repeal would eliminate the use of certain data elements related to community and student engagement in the 42 TexReg 5200 September 29, 2017 Texas Register

7 Texas Student Data System Public Education Information Management System (TSDS PEIMS). The proposed repeal would have no locally maintained paperwork requirements. FISCAL NOTE. Penny Schwinn, deputy commissioner for academics, has determined that for the first five-year period the repeal is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. There is no effect on local economy for the first five years that the proposed repeal is in effect; therefore, no local employment impact statement is required under Texas Government Code, The proposed repeal does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, PUBLIC BENEFIT/COST NOTE. Ms. Schwinn has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be reflecting statutory changes and removing obsolete provisions from rule. There is no anticipated economic cost to persons who are required to comply with the proposed repeal. ECONOMIC IMPACT STATEMENT AND REGULATORY FLEX- IBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSI- NESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, , is required. REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins September 29, 2017, and ends October 30, Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas Comments may also be submitted electronically to rules@tea.texas.gov. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on September 29, STATUTORY AUTHORITY. The repeal is proposed under the Texas Education Code (TEC), , as repealed by House Bill (HB) 22, 85th Texas Legislature, Regular Session, 2017, which required each school district to annually evaluate its performance and the performance of each of its campuses in the area of community and student engagement using eight specific categories and also required each district to report to the Texas Education Agency (TEA) the rating of Exemplary, Recognized, Acceptable, or Unacceptable that it had assigned to itself and to each of its campuses for overall performance in community and student engagement and for each of the eight categories; and TEC, , as repealed by HB 22, 85th Texas Legislature, Regular Session, 2017, which required each school district and campus to annually select three of the eight categories in community and student engagement on which it would rate itself for the purpose of academic accountability ratings. It also required each district and campus to report to TEA the rating of A, B, C, D, or F that it had assigned to itself for overall performance in community and student engagement and for each of the three categories. CROSS REFERENCE TO STATUTE. The repeal implements the Texas Education Code, and , as repealed by House Bill 22, 85th Texas Legislature, Regular Session, Community and Student Engagement. Filed with the Office of the Secretary of State on September 18, TRD Cristina De La Fuente-Valadez Director, Rulemaking Texas Education Agency For further information, please call: (512) CHAPTER 97. PLANNING AND ACCOUNTABILITY SUBCHAPTER EE. ACCREDITATION STATUS, STANDARDS, AND SANCTIONS 19 TAC , , , , , The Texas Education Agency (TEA) proposes amendments to , , , , , and , concerning accreditation status, standards, and sanctions. The proposed amendments would provide additional clarity regarding who may qualify as a professional service provider; outline the standards used by the commissioner to determine the imposition of sanctions and add clarity regarding when conservators, management teams, and boards of managers will be appointed; and update the process for transitioning from a board of managers to the board of trustees. The proposed amendments would also update references to the Texas Education Code (TEC) based on recodification legislation from the 85th Texas Legislature, Regular Session, , Definitions TEC, 39A.902, authorizes the commissioner to require a campus or district to acquire professional services to address certain deficiencies. The statute does not define what type of entity may provide the professional services. The proposed amendment to would expand the current definition of professional service provider to include any partners, not just educators, that satisfy the agency vetting process to provide the services. The proposed amendment would increase the quality and availability of professional services by expanding the type of entities that may provide the services , Interventions and Sanctions; Lowered Rating or Accreditation Status, and , Standards for All Accreditation Sanction Determinations TEC, Chapter 39A, authorizes the commissioner to impose sanctions and interventions on districts and campuses that do not satisfy applicable standards. The proposed amendment to (d) would place into rule the statutory authorization to appoint a board of managers found PROPOSED RULES September 29, TexReg 5201

8 in TEC, 39A.006, when, for two consecutive school years, including the current school year, the district has had a conservator or management team assigned. The proposed amendment would define a school year as starting on the first day of instruction and including any portion of the school year. Since school years can vary between districts, the proposed language would use the first day of instruction as a common starting point between districts. By defining school year as any portion of the school year, the proposed language clarifies that the current school year need not be the entire school year. If the current school year were required to be the full school year, one could never satisfy the standard because once the current school year was completed, it would no longer be the current school year. The proposed amendment would implement past practice by the agency. The proposed amendments to (f) and would establish an additional standard that the commissioner may consider when making determinations to impose sanctions and interventions. Section establishes the primary consideration to be the best interest of the district's students. The proposed amendment to (f) would make clear that an inability to implement effective change to improve student performance at the district or campus is contrary to the best interest of the district's students. Additionally, establishes what constitutes a material deficiency for which sanctions shall be imposed. The proposed amendment to would make explicit that an inability to implement effective change to improve student performance at the district or campus is considered a material deficiency for which sanctions on a district or campus shall be imposed. The statutory framework establishes a system to ensure that public schools improve student performance. The proposed amendments would make clear that an inability to initiate change focused on improving student performance acts against students' best interest and will initiate intervention processes , Commissioner Determinations for Decisions Preceding Alternative Management, Campus Closure, or Board of Managers TEC, 39A.001, requires the commissioner to take actions for districts under TEC, Chapter 39A, Subchapter A, Accountability Interventions and Sanctions, to the extent the commissioner determines necessary. TEC, 39A.002, allows the commissioner to take several actions if a district does not satisfy one of several standards, including the appointment of monitors, conservators, and management teams. TEC, 39A.102, allows the commissioner to appoint a monitor, conservator, management team, or board of managers to the school district to ensure support of low-performing campuses and implementation of the targeted improvement plan. Proposed new (b) would make explicit that actions taken against campuses under TEC, 39A.107, are subject to commissioner rules adopted in 19 TAC Chapter 157, Hearings and Appeals, for challenging interventions. The rules in 19 TAC Chapter 157 comply with the statutory requirements established under TEC, 39A.301. Clarification of the challenge process would ensure uniformity in applying interventions and recourse to interventions. TEC, 39A.112, authorizes the commissioner to establish the time and manner for a parent petition to direct the sanction imposed based on five consecutive years of unacceptable campus performance. The proposed amendment to (d) would update the requirements for a parent petition, making it clear that the superintendent is responsible for certifying a valid petition and that parent signatures collected after the issuance of preliminary ratings for the fourth consecutive year of unacceptable performance are part of the petition. The proposed amendment should facilitate the processing and delivery of a valid petition. The proposed amendment would also make clear that the sanction will be implemented for the current year or, if necessary, for the subsequent school year regardless of performance rating. This change would recognize the difference in timing between the appointment of a board of managers, which can be done relatively quickly, or the closure of the campus, which would displace students if done immediately. The change would ensure that a campus would not be required to close in the middle of a school year , Appointment of Monitor, Conservator, or Board of Managers The proposed amendment to (b) would make explicit that a monitor may be appointed when a district is assigned an accreditation status of warned or probated. This would ensure that the commissioner may be kept apprised of actions of the district to enact change. The proposed amendment implements TEC, 39A.102, which authorizes the assignment of a monitor to ensure support of low-performing campuses and implementation of a targeted improvement plan. The proposed amendment to (c) would make explicit that a conservator or management team may be appointed when a district is assigned an accreditation status of probation. The proposed amendment would also implement TEC, 39A.102, which authorizes the assignment of a conservator or management team when necessary to ensure district-level support of low-performing campuses or implementation of a targeted improvement plan. This change would ensure that actions may be required of the district to initiate necessary changes to improve performance. The proposed amendment to (d) would make clear that the appointment of additional conservators to establish or add to a management team is not an additional sanction subject to additional review. The imposition of a conservator or management team is driven by performance, and the district has a review opportunity at that time. The use of multiple conservators or a single conservator is a decision of efficiency and efficacy of the intervention tool, not a question of whether the district is subject to the intervention. TEC, 39A.111, requires the commissioner to either close a campus or appoint a board of managers if a campus reaches five consecutive years of unacceptable performance. TEC, 39A.115, authorizes the commissioner to adopt rules to implement TEC, Chapter 39A, Subchapter C, Campus Turnaround Plan. The proposed amendment to (e) would make clear that the commissioner may appoint a board of managers if closure of a campus is not ordered when a campus meets the standards under TEC, 39A.111. The proposed amendment would implement TEC, 39A.102, which authorizes the assignment of a board of managers when necessary to ensure district-level support of low-performing campuses or implementation of a targeted improvement plan. The proposed amendment would make clear that a board of managers may be placed based on deficiencies identified in a special accreditation investigation. The proposed changes incorporate the explicit statutory authorizations. TEC, 39A.208, requires that a board of managers transition back to a board of trustees over the last three years of the 42 TexReg 5202 September 29, 2017 Texas Register

9 board of managers appointment, as close to one-third of the members at a time as possible. The statute also requires the board of managers to continue to call for elections of board of trustees although the board of trustees's authority is suspended. The statute further requires that a board of trustees may only be restored if the members were elected under an election called by the board of managers. The proposed amendment to (g) would clarify that the commissioner may determine the order of the trustee positions restored to authority during a board of managers transition. The proposed amendment would also state that in the absence of a designation, the default transition established in would be maintained. As districts have multiple configurations of trustee positions, providing for commissioner determination of transition would allow the commissioner to adjust for unique circumstances and ensure the transition occurs in an orderly fashion. Several sections of the TEC authorize the commissioner to appoint a board of managers. TEC, Chapter 39A, Subchapter E, establishes parameters and requirements of a board of managers. Decisions of number of the board of managers and terms of the board of managers are not statutorily defined. TEC, 39A.207, provides explicit authorization of the commissioner to replace members of the board of managers when placed due to campus-based interventions. The proposed amendment to (g) would make clear that the commissioner may expand or reduce the number of members on a board of managers and may remove a member as needed. This change would ensure that as circumstances change, the board of managers would remain an effective intervention to improve performance of the district , , , , and Senate Bill 1488, 85th Texas Legislature, Regular Session, 2017, recodified TEC, Chapter 39, Subchapter E, into TEC, Chapter 39A. Sections , , , , and would be amended to update cross references affected by the recodification. The proposed amendments would have no procedural or reporting implications. The proposed amendments would have no locally maintained paperwork requirements. FISCAL NOTE. A.J. Crabill, deputy commissioner for governance, has determined that for the first five-year period the amendments are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the amendments. There is no effect on local economy for the first five years that the proposed amendments are in effect; therefore, no local employment impact statement is required under Texas Government Code, The proposed amendments do not impose a cost on regulated persons and, therefore, are not subject to Texas Government Code, GOVERNMENT GROWTH IMPACT: In accordance with Texas Government Code, , TEA staff has determined that the proposed amendments would expand, limit, or repeal an existing regulation. The proposed amendment to limits an existing regulation by expanding the types of entities that can provide professional services. The proposed amendments to (f) and expand an existing regulation by adding the district inability to implement effective change to improve student performance as a reason that a sanction or intervention may be ordered. PUBLIC BENEFIT/COST NOTE. Mr. Crabill has determined that for each year of the first five years the proposed amendments are in effect the public benefit anticipated as a result of enforcing the proposed amendments will be providing clarity in the administration of interventions and sanctions. There is no anticipated economic cost to persons who are required to comply with the proposed amendments. ECONOMIC IMPACT STATEMENT AND REGULATORY FLEX- IBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSI- NESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, , is required. REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins September 29, 2017, and ends October 30, Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas Comments may also be submitted electronically to rules@tea.texas.gov. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on September 29, STATUTORY AUTHORITY. The amendments are proposed under the Texas Education Code (TEC), , which requires the commissioner to determine accreditation statuses; TEC, , as amended by Senate Bill (SB) 7 and SB 1488, 85th Texas Legislature, Regular Session, 2017, which authorizes the commissioner to take intervention actions based on a special accreditation action, which includes the appointment of a board of managers under TEC, 39A.004, lowering the accreditation, or both; TEC, (a)(9), as amended by House Bill (HB) 1553 and SB 1566, 85th Texas Legislature, Regular Session, 2017, which expands the commissioner intervention tools when districts fail to meet accreditation, academic accountability, or financial accountability standards to include authorizing a district to enter into a memorandum of understanding with an institution of higher education to improve the district's performance; TEC, (a)(12), which expands the commissioner intervention tools when districts fail to meet accreditation, academic accountability, or financial accountability standards to include requiring the use of a board improvement and evaluation tool as provided by TEC, ; TEC, 39A.001, which requires the commissioner to take actions for districts under the TEC, Chapter 39A, Subchapter A, Interventions and Sanctions for School Districts, to the extent the commissioner determines necessary, including any action the commissioner determines is appropriate on the bases of a special accreditation investigation; TEC, 39A.002, which allows the commissioner to take several actions if a district does not satisfy one of several standards, including the appointment of monitors, conservators, and management teams; TEC, 39A.003, which establishes the powers, duties, and limitations on the authority of a conservator or management team; TEC, 39A.004, which allows the commissioner to appoint a board of managers upon the satisfaction of certain conditions; TEC, 39A.005, which allows the commissioner to revoke the accreditation of a district upon the satisfaction of certain conditions; TEC, 39A.006, which allows the commissioner to appoint a board of managers after the assignment of a conservator or management team for two consecutive years; TEC, 39A.007, which allows the commis- PROPOSED RULES September 29, TexReg 5203