April 2014 Committee on Instruction Item 6

Adoption of Review of 19 TAC Chapter 89, Adaptations for Special Populations
(Adoption of Review)

April 11, 2014

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY:
Texas Government Code, §2001.039, establishes a four-year rule review cycle for all state agency rules, including State Board of Education (SBOE) rules. This item presents the adoption of the review of SBOE rules in 19 TAC Chapter 89, Adaptations for Special Populations, Subchapters A, C, and D. The rules being reviewed relate to gifted/talented education, Texas certificate of high school equivalency, and special education services and settings.

STATUTORY AUTHORITY: The statutory authority for the rule review is the Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 89, Subchapter A, is the Texas Education Code (TEC), §29.122 and §42.156(b); for Subchapter C, the TEC, §7.111; and for Subchapter D, the TEC, §§30.003(d) and (g), 30.004(b), and 42.151(e) and (g).

PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 89 in March 2010, finding that the reasons for initially adopting the rules continued to exist. Subsequent to the 2010 review, changes were made to Subchapter C, Texas Certificate of High School Equivalency, to align with statute, expand the eligibility criteria to serve as a testing center, and clarify the fee structure resulting from the transition from a paper-based test format to a computer-based test format as of January 1, 2014; and Subchapter D, Special Education Services and Settings, to align with statute and federal regulations.

Sections 89.41 and 89.44-89.46 were last amended effective December 11, 2011. Sections 89.42, 89.43, and 89.47 were last amended effective October 10, 2013. Section 89.61 and §89.63 were last amended effective August 24, 2010. No other rule changes have been adopted since the 2010 rule review.

The review of 19 TAC Chapter 89 was presented to the Committee on Instruction for discussion in January 2014.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The SBOE rules in 19 TAC Chapter 89 are organized as follows: Subchapter A, Gifted/Talented Education; Subchapter B, Adult Basic and Secondary Education; Subchapter C, Texas Certificate of High School Equivalency; and Subchapter D, Special Education Services and Settings.

Subchapter B is not subject to review since the subchapter is being repealed. The repeal is necessary due to the repeal of the subchapter's authorizing statute by Senate Bill 307, 83rd Texas Legislature, Regular Session, 2013, which transferred all functions, duties, appropriations, and responsibilities for state and federal adult education and literacy programs from the Texas Education Agency (TEA) to the Texas Workforce Commission.

Following is a summary of each subchapter under review.

Subchapter A. Gifted/Talented Education

The rules in this subchapter provide for assessment and services for students; professional development for teachers, counselors, and administrators; and program accountability. The rules have been used as the foundation of the Texas State Plan for the Education of Gifted/Talented Students since November 1996.

No changes to Subchapter A are recommended at this time.

Subchapter C. Texas Certificate of High School Equivalency

The rules in this subchapter provide for high school equivalency testing in the state, including the establishment of testing centers; eligibility requirements for the Texas Certificate of High School Equivalency; and requirements for examinee identification, retesting, testing provisions for examinees with disabilities, and issuance of the certificate.

As a separate item in this agenda, proposed revisions to Subchapter C that would update rules for alignment with the current practice for retesting and accommodations are being presented for first reading and filing authorization.

Subchapter D. Special Education Services and Settings

The rules in this subchapter establish procedures for contracting for residential educational placements for students with disabilities, support of students enrolled in the Texas School for the Blind and Visually Impaired and Texas School for the Deaf, and instructional arrangements and settings.

TEC, §30.003(d) and (g), authorizes the SBOE to set a date by rule on which school districts and state institutions shall provide to the commissioner the necessary information to determine the district's share of cost for a student's education at the Texas School for the Blind and Visually Impaired or Texas School for the Deaf, and adopt rules as necessary to implement this section of the TEC. Section 89.62(a) addresses this statutory requirement.

TEC, §30.004, authorizes the SBOE to adopt rules prescribing the information that school districts shall provide to parents or other persons having lawful control of a student about programs and services available at the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf. This information is to include the availability of programs offered by state institutions for which the student may be eligible; the eligibility requirements and admission conditions imposed by each of those state institutions; and the rights of students regarding admission to those state institutions and the appeal of admission decisions. Section 89.62(b) addresses this statutory requirement.

TEC, §42.151(e), authorizes the SBOE to adopt rules that prescribe the qualifications an instructional arrangement must meet in order to be funded as a particular instructional arrangement. Section 89.63 addresses this statutory requirement. TEC, §42.151(g), authorizes the SBOE to adopt rules and procedures governing contracts for residential placement of students with disabilities. Section 89.61 addresses this statutory requirement.

No changes to Subchapter D are recommended at this time.

RULE REVIEW: The TEA filed the notice of proposed review of 19 TAC Chapter 89, Subchapters A, C, and D with the Texas Register following the January 2014 SBOE meeting. If authorized by the SBOE, the TEA will file the notice of adopted review with the Texas Register following the April 2014 SBOE meeting. The notice of adopted review will state that the SBOE finds the reasons for adopting 19 TAC Chapter 89, Subchapters A, C, and D, continue to exist. Any public comments received during the review of 19 TAC Chapter 89, Subchapters A, C, and D, will also be filed.

The filing of the notice of adopted review stating that the reasons for adoption continue to exist would not preclude any amendments that may be proposed at different dates through a separate rulemaking process.

FISCAL IMPACT: None.

PUBLIC AND STUDENT BENEFIT: The review of 19 TAC Chapter 89 ensures that the rules align with statute.

PROCEDURAL AND REPORTING IMPLICATIONS: None.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.

PUBLIC COMMENTS: Following the January 2014 SBOE meeting, notice of the proposed review of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education; Subchapter C, Texas Certificate of High School Equivalency; and Subchapter D, Special Education Services and Settings, was filed with the Texas Register, initiating the official public comment period for the review. At the time this item was prepared, no comments had been received regarding this review. Any public comments received will be provided to the SBOE during the April 2014 meeting.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: Separate items in this agenda present the proposed repeal of 19 TAC Chapter 89, Subchapter B, and proposed revisions to 19 TAC Chapter 89, Subchapter C, for first reading and filing authorization.

MOTION TO BE CONSIDERED: The State Board of Education:

Adopt the review of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education; Subchapter C, Texas Certificate of High School Equivalency; and Subchapter D, Special Education Services and Settings.

Staff Member Responsible:
Monica Martinez, Associate Commissioner
Standards and Programs

Attachments:
I. Statutory Citations (PDF, 24KB)
II. Text of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education; Subchapter C, Texas Certificate of High School Equivalency; and Subchapter D, Special Education Services and Settings (PDF, 50KB)