April 2018 Committee on Instruction Item 5
Adoption of Review of 19 TAC Chapter 89, Adaptations for Special Populations
(Adoption of Review)
April 13, 2018
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: CONSENT
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 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).
Texas Government Code, §2001.039, requires all state agencies to review their rules at least once every four years.
TEC, §29.122, authorizes the SBOE to establish criteria each school district shall use to adopt a process for identifying and serving gifted and talented students in the district and to establish a program for those students in each grade level.
TEC, §42.156(b), authorizes the SBOE to adopt rules districts must use to account for the expenditure of state funds for the gifted and talented student allotment.
TEC, §7.111, authorizes the SBOE to adopt rules for the development and delivery of high school equivalency examinations and the provision for the administration of the examinations online, including a procedure for verifying the identity of the person taking the examination and the establishment and required payment of fees.
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 costs for a student's education at the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf, and adopt rules as necessary to implement this section of the TEC.
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.
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.
TEC, §42.151(g), authorizes the SBOE to adopt rules and procedures governing contracts for residential placement of students with disabilities.
PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 89, Subchapters A, C, and D, in April 2014, finding that the reasons for initially adopting the rules continued to exist. The review of 19 TAC Chapter 89, Subchapters A, C, and D, was presented to the Committee on Instruction for discussion at the January-February 2018 meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The SBOE rules in 19 TAC Chapter 89 are organized as follows: Subchapter A, Gifted/Talented Education; Subchapter C, Texas Certificate of High School Equivalency; and Subchapter D, Special Education Services and Settings. Following is a summary of each subchapter.
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.
A separate item in this agenda provides an opportunity for the committee to discuss potential amendments to 19 TAC Chapter 89, Subchapter C, to be presented for action at a future meeting.
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 accommodations for examinees with documented disabilities, and issuance of the certificate.
Changes were made to Subchapter C, Texas Certificate of High School Equivalency, effective August 2016, to update provisions related to the administration of high school equivalency examinations by multiple providers, including offering both paper-based and computer-based testing formats; accommodations for applicants with documented disabilities; court-ordered examinations; and fees and other provisions for the issuance of certificates. Changes were also made in Subchapter C, effective December 2016, to expand the entities eligible to serve as official paper-based testing centers and define the requirements for paper-based testing centers.
No changes to the rules in 19 TAC Chapter 89, Subchapter C, are recommended as a result of the review.
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 the Texas School for the Deaf, and instructional arrangements and settings.
Changes were made to Subchapter D, Special Education Services and Settings, effective January 1, 2015, to address the mainstream, off-home campus, and vocational adjustment class/program instructional arrangements.
Changes are anticipated to 19 TAC Chapter 89, Subchapter D. A proposed amendment to 19 TAC §89.61, Contracting for Residential Educational Placements for Students with Disabilities, is needed in order to provide clarity to local educational agencies (LEAs) for situations in which students transfer from one LEA to another after the student's admission, review, and dismissal committee has agreed to placement in a residential facility and a contract with the facility has been executed. It is anticipated that the proposed amendment to 19 TAC §89.61 will be presented for SBOE consideration in 2018.
RULE REVIEW: The Texas Education Agency (TEA) filed the notice of proposed review of 19 TAC Chapter 89, Subchapters A, C, and D, with the Texas Register following the January-February 2018 SBOE meeting. If authorized by the SBOE, the TEA will file the notice of adopted review with the Texas Register following the April 2018 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 will ensure that the rules align with statute.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: Following the January-February 2018 SBOE meeting, notice of the proposed review of 19 TAC Chapter 89, Subchapters A, C, and D, 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 2018 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services
Lily Laux, Executive Director
School Programs
Stacy Avery, Director
High School Programs
College, Career, and Military Prep
Justin Porter, Executive Director
Special Populations
Caprice Day-Borgeson, Manager
GT & Twice Exceptional
Special Populations
Keith Swink, Manager
Special Populations
Attachments:
I. Statutory Citations (PDF, 22KB)
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, 91KB)
(Adoption of Review)
April 13, 2018
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: CONSENT
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 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).
Texas Government Code, §2001.039, requires all state agencies to review their rules at least once every four years.
TEC, §29.122, authorizes the SBOE to establish criteria each school district shall use to adopt a process for identifying and serving gifted and talented students in the district and to establish a program for those students in each grade level.
TEC, §42.156(b), authorizes the SBOE to adopt rules districts must use to account for the expenditure of state funds for the gifted and talented student allotment.
TEC, §7.111, authorizes the SBOE to adopt rules for the development and delivery of high school equivalency examinations and the provision for the administration of the examinations online, including a procedure for verifying the identity of the person taking the examination and the establishment and required payment of fees.
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 costs for a student's education at the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf, and adopt rules as necessary to implement this section of the TEC.
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.
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.
TEC, §42.151(g), authorizes the SBOE to adopt rules and procedures governing contracts for residential placement of students with disabilities.
PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 89, Subchapters A, C, and D, in April 2014, finding that the reasons for initially adopting the rules continued to exist. The review of 19 TAC Chapter 89, Subchapters A, C, and D, was presented to the Committee on Instruction for discussion at the January-February 2018 meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The SBOE rules in 19 TAC Chapter 89 are organized as follows: Subchapter A, Gifted/Talented Education; Subchapter C, Texas Certificate of High School Equivalency; and Subchapter D, Special Education Services and Settings. Following is a summary of each subchapter.
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.
A separate item in this agenda provides an opportunity for the committee to discuss potential amendments to 19 TAC Chapter 89, Subchapter C, to be presented for action at a future meeting.
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 accommodations for examinees with documented disabilities, and issuance of the certificate.
Changes were made to Subchapter C, Texas Certificate of High School Equivalency, effective August 2016, to update provisions related to the administration of high school equivalency examinations by multiple providers, including offering both paper-based and computer-based testing formats; accommodations for applicants with documented disabilities; court-ordered examinations; and fees and other provisions for the issuance of certificates. Changes were also made in Subchapter C, effective December 2016, to expand the entities eligible to serve as official paper-based testing centers and define the requirements for paper-based testing centers.
No changes to the rules in 19 TAC Chapter 89, Subchapter C, are recommended as a result of the review.
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 the Texas School for the Deaf, and instructional arrangements and settings.
Changes were made to Subchapter D, Special Education Services and Settings, effective January 1, 2015, to address the mainstream, off-home campus, and vocational adjustment class/program instructional arrangements.
Changes are anticipated to 19 TAC Chapter 89, Subchapter D. A proposed amendment to 19 TAC §89.61, Contracting for Residential Educational Placements for Students with Disabilities, is needed in order to provide clarity to local educational agencies (LEAs) for situations in which students transfer from one LEA to another after the student's admission, review, and dismissal committee has agreed to placement in a residential facility and a contract with the facility has been executed. It is anticipated that the proposed amendment to 19 TAC §89.61 will be presented for SBOE consideration in 2018.
RULE REVIEW: The Texas Education Agency (TEA) filed the notice of proposed review of 19 TAC Chapter 89, Subchapters A, C, and D, with the Texas Register following the January-February 2018 SBOE meeting. If authorized by the SBOE, the TEA will file the notice of adopted review with the Texas Register following the April 2018 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 will ensure that the rules align with statute.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: Following the January-February 2018 SBOE meeting, notice of the proposed review of 19 TAC Chapter 89, Subchapters A, C, and D, 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 2018 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services
Lily Laux, Executive Director
School Programs
Stacy Avery, Director
High School Programs
College, Career, and Military Prep
Justin Porter, Executive Director
Special Populations
Caprice Day-Borgeson, Manager
GT & Twice Exceptional
Special Populations
Keith Swink, Manager
Special Populations
Attachments:
I. Statutory Citations (PDF, 22KB)
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, 91KB)