Advocacy work doesn’t end when the Texas Legislature passes a bill and the governor signs it into law. In fact, at that point we only know how a new law will work in theory. In many cases, state agencies such as the Texas Education Agency (TEA) must then start filling in details about how that law will work in practice.  

Rulemaking is the process by which state agencies write regulations called “rules” that implement statutes passed by the Legislature. This process is one of the most important ways state policies take shape. Agency-developed rules, found in the Texas Administrative Code, have the force of law, meaning schools, educators, and the public must comply with them. Rules interpret and define how the statute will work in practice. For example, a law may require schools to report certain data, but the rules determine exactly how that data is collected, what forms must be used, and by what deadlines. In this way, rules can significantly shape how a statute impacts educators and schools day to day. 

Think of statutes as the broad framework and rules as the operating manual. If a statute says “schools shall provide early literacy intervention,” the subsequently developed rules might clarify what constitutes an early literacy intervention, to whom the intervention must be provided, how services will be documented, and how funding will be distributed. Because of this, rulemaking can sometimes feel just as consequential as the law itself. Rules cannot contradict statutes, but they can greatly influence how burdensome—or helpful—a new law becomes. 

How does the Texas rulemaking process work? 

The Administrative Procedure Act (APA) governs the rulemaking process in Texas. Here’s how it typically works: 

1. Pre-Proposal: Before the public phase of the process begins, agencies will often collect informal stakeholder feedback before and/or after developing an initial draft for a rule. Stakeholders often include organizations such as ATPE as well as individuals such as the legislative bill authors. This is often the most effective time period to shape what is in the eventual rule.  
2. Proposal: An agency finalizes the first public draft of the proposed rules and files them with the Texas Register, an official state publication. This starts the public notice period. 
3. Public Comment: Stakeholders, including educators, parents, and advocacy organizations, have at least 30 days to submit formal written comments. Agencies may also hold public hearings. 
4. Revision: The agency reviews comments, makes changes if needed, and prepares an adoption order. 
5. Final Adoption: The adopted rule is published in the Texas Register. Most rules take effect 20 days after publication, unless a later date is specified. 

How can educators offer feedback during the rulemaking process? 

The public comment period is the primary opportunity for individual educators to weigh in and an additional opportunity for associations to weigh in beyond the pre-proposal period. Comments don’t have to be long or legalistic; clear, experience-based feedback can carry weight, especially when many individuals raise the same concerns. In addition to taking part in many stakeholder meetings, ATPE regularly tracks proposed education rules and provides members with alerts and guidance on how to submit comments. This ensures the perspective of practicing educators is part of the decision-making process before rules become binding.  

Statutes may set the direction, but rules determine the route. Staying engaged in rulemaking ensures the laws passed in Austin are implemented in ways that truly work for educators and students in Texas classrooms.