Review of 19 TAC Chapter 89, Adaptations for Special Populations
January 14, 2010
COMMITTEE ON INSTRUCTION: DISCUSSION
STATE BOARD OF EDUCATION: NO 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 review of SBOE rules in 19 TAC Chapter 89, Adaptations for Special Populations, Subchapters A-D. The rules being reviewed relate to gifted/talented education, adult basic and secondary education, general educational development, 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 is Texas Education Code (TEC), §29.122 and §42.156(b), for Subchapter A; TEC, §7.102(c)(16) and §29.253, for Subchapter B; TEC, §7.111, for Subchapter C; and TEC, §§30.003(d) and (g), 30.004(b), and 42.151(e) and (g), for Subchapter D.
BOARD RESPONSE: This item is presented for review and comment.
PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 89, Subchapters A-D, in April 2006, finding that the reasons for initially adopting the rules continue to exist. As a result of the 2006 review, changes were made to Subchapter B to update the rules to reflect existing statute and regulations and Texas Education Agency responsibilities. In addition, changes were made to Subchapter C to allow 16-year-old Seaborne ChalleNGe Corps members to be administered the General Educational Development (GED) examination and to provide clarification on the certification requirements of counselors serving as chief examiners.
Sections 89.21, 89.29, 89.30, 89.32, and 89.33 were last amended to be effective December 25, 2006. Sections 89.42, 89.43, and 89.47 were last amended to be effective October 15, 2006. No other rule changes have been adopted since the 2006 rule review.
FUTURE ACTION EXPECTED: The review of 19 TAC Chapter 89 is scheduled to be presented to the SBOE for adoption at the March 2010 meeting.
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, General Educational Development; 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; fiscal responsibility; 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 B. Adult Basic and Secondary Education
The rules in this subchapter establish provisions for the adult education program delivery system such as essential program components; qualifications, training, and service requirements of staff; and program funding, evaluation, and fees.
Subchapter C. General Educational Development
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 the General Educational Development (GED) Test; and requirements for examinee identification, retesting, testing provisions for examinees with disabilities, issuance of the certificate, and designation of the state administrator for the GED program.
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.
ANTICIPATED REVISIONS TO RULES: No amendments to rules in 19 TAC Chapter 89, Subchapter A, are anticipated at this time.
Changes to 19 TAC Chapter 89, Subchapter B, are necessary to reflect changes to the allocation formula and the funding for services provided to 16- and 17-year-old students resulting from the 81st Texas Legislature, 2009. In addition, changes are necessary to ensure that adult education providers are in compliance with new procedural and reporting requirements. A discussion item presenting the proposed revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education, is included as a separate item in this agenda.
TEA staff anticipate presenting an amendment to 19 TAC Chapter 89, Subchapter C, at the March 2010 meeting to update the name of the Seaborne ChalleNGe Corps to the Texas ChalleNGe Academy.
TEA staff anticipate presenting revisions for 19 TAC Chapter 89, Subchapter D, at the March 2010 meeting to align with federal regulations associated with the reauthorization of the Individuals with Disabilities Education Act (IDEA 2004). Staff will present any required technical edits, additions, and deletions. Technical edits concerning state agency names will be addressed at that time also.
RULE REVIEW: The Texas Education Agency (TEA) plans to file the notice of proposed review of 19 TAC Chapter 89 with the Texas Register following the January 2010 SBOE meeting. The TEA will accept comments as to whether reasons for adopting 19 TAC Chapter 89 continue to exist. The official comment period will begin with the publication of the proposed review of 19 TAC Chapter 89 in the Texas Register.
The filing of the notice of proposed review soliciting comments as to whether 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 result in the continuation of guidance for efficient operation of programs for gifted/talented education, adult basic and secondary education, general educational development, and special education services and settings.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: None.
OTHER COMMENTS AND RELATED ISSUES: None.
Commissioner of Education
Staff Members Responsible:
Anita Givens, Associate Commissioner
Standards and Programs
Gene Lenz, Deputy Associate Commissioner
Kathy Clayton, Director
Barbara Knaggs, Associate Commissioner
Jerel Booker, Associate Commissioner
Educator Quality and Standards
Julie Harris-Lawrence, Deputy Associate Commissioner
Student Services and GED
I. Statutory Citations
II. Text of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education; Subchapter B, Adult Basic and Secondary Education; Subchapter C, General Educational Development; and Subchapter D, Special Education Services and Settings