Proposed Amendments to 19 TAC Chapter 89, Adaptations for Special Populations,
Subchapter D, Special Education Services and Settings
(First Reading and Filing Authorization)
May 21, 2010
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: CONSENT
SUMMARY: This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings. The proposed amendments would incorporate technical edits to 19 TAC §89.61, Contracting for Residential Educational Placements for Students with Disabilities, and 19 TAC §89.63, Instructional Arrangements and Settings, for clarification resulting from changes to state law and federal regulations.
STATUTORY AUTHORITY: Texas Education Code (TEC), §42.151(e) and (g).
EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC Chapter 89, Subchapter D, is 20 days after filing as adopted with the Texas Register in order to implement the changes in a timely manner. Under TEC, §7.102(f), the State Board of Education (SBOE) must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2011-2012 school year.
PREVIOUS BOARD ACTION: The State Board of Education (SBOE) adopted rules in 19 TAC Chapter 89, Subchapter D, to be effective September 1, 1996. Section 89.61 was repealed and adopted new to be effective September 1, 2000. Section 89.63 was amended to be effective September 1, 2000. Discussion of proposed amendments to 19 TAC Chapter 89, Subchapter D, was scheduled for the March 2010 meeting of the Committee on Instruction but postponed until the May 2010 meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Section 89.61 addresses the statutory requirement in the TEC, §42.151(g), that the SBOE adopt rules and procedures governing contracts for residential placement of students with disabilities. Section 89.63 addresses the statutory requirement in the TEC, §42.151(e), that the SBOE adopt rules that prescribe the qualifications an instructional arrangement must meet in order to be funded as a particular instructional arrangement. Amendments are proposed to these sections as a result of the statutorily required four-year review of rules.
The proposed amendments to 19 TAC §89.61 and §89.63 would incorporate technical edits to align with federal regulations associated with the reauthorization of the Individuals with Disabilities Education Act (IDEA 2004). References to citations in 34 Code of Federal Regulations would be updated, as well as the names of Texas state agencies referenced in both rules.
In addition, Senate Bill 643, 81st Texas Legislature, 2009, provides for the reorganization of the system of state-owned-and-operated residential institutions that serve individuals with intellectual or developmental disabilities. Previously known as "state schools," these institutions are now referred to as "state supported living centers" under provisions of Senate Bill 643. The proposed amendment to 19 TAC §89.63 would include language in subsection (c)(11) to address this change.
FISCAL IMPACT: The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the proposed rule actions. In addition, there is no direct adverse economic impact for small businesses or microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT: The proposed amendments to 19 TAC Chapter 89, Subchapter D, would provide clear and accurate references to names of state agencies and federal regulations.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendments would have no procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments would have no locally maintained paperwork requirements.
PUBLIC COMMENTS: The official public comment period will begin when the amendments are published as proposed in the Texas Register.
OTHER COMMENTS AND RELATED ISSUES: 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.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Approve for first reading and filing authorization proposed amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings.
Commissioner of Education
Staff Members Responsible:
Gene Lenz, Deputy Associate Commissioner
Kathy Clayton, Director
I. Statutory Citation
II. Text of Proposed Amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings