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

April 8, 2022

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: CONSENT

SUMMARY: Texas Government Code (TGC), §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 review of SBOE rules in 19 Texas Administrative Code (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. 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 TGC, §2001.039. The statutory authority for 19 TAC Chapter 89, Subchapter A, is Texas Education Code (TEC), §29.122 and §48.109(b); for Subchapter C is TEC, §7.111; and for Subchapter D is TEC, §30.003(d) and (g) and §30.004.

TGC, §2001.039, requires all state agencies to review their rules at least once every four years. 

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, §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, §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.

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, §48.109(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.

The full text of statutory citations can be found in the statutory authority section of this agenda.

PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 89, Subchapters A, C, and D, in April 2018, finding that the reasons for initially adopting the rules continued to exist. The proposed review of 19 TAC Chapter 89, Adaptations for Special Populations, was presented to the Committee on Instruction for discussion at the January 2022 meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: 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.

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.

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 TexasSchool for the Blind and Visually Impaired and TexasSchool for the Deaf, and instructional arrangements and settings.

If authorized by the SBOE, the TEA will file the adopted review with the Texas Register stating that the SBOE finds the reasons for adopting 19 TAC Chapter 89, Subchapters A, C, and D, continue to exist. The filing of the 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. 

PUBLIC COMMENTS: TEA filed the notice of proposed review of 19 TAC Chapter 89, Subchapters A, C, and D, with the Texas Register following the January 2022 SBOE meeting. The public comment period on the proposed review began February 25, 2022, and ended at 5:00 p.m. on April 1, 2022. Public comments received will be provided to the SBOE during the April 2022 meeting. The SBOE will take registered oral and written comments on the proposed review at the committee meeting in April 2022 in accordance with the SBOE board operating policies and procedures.

MOTION TO BE CONSIDERED: The State Board of Education:

Adopt the review of 19 TAC Chapter 89, Adaptations for Special Populations.

Staff Members Responsible:
Monica Martinez, Associate Commissioner, Standards and Support Services
Monica Brewer, Statewide Coordinator, Gifted/Talented Education
Cindee Tonnesen, Assistant Director, Texas Certificate of High School Equivalency, College, Career, and Military Preparation
Tebbi Bowman, Policy Manager, Special Education Program

Attachment:
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