Discussion of Proposed Amendments to 19 TAC Chapter 89, Adaptations for Special Populations,
Subchapter D, Special Education Services and Settings
March 11, 2010
COMMITTEE ON INSTRUCTION: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION
SUMMARY: This item presents proposed amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings, for discussion. 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).
BOARD RESPONSE: This item is presented for review and comment.
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 Section 89.61 was repealed and adopted new to be effective September 1, 2000.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.
FUTURE ACTION EXPECTED: The proposed amendments to 19 TAC Chapter 89, Subchapter D, would be presented to the SBOE for first reading and filing authorization at the May 2010 meeting. Second reading and final adoption would then be presented at the July 2010 meeting, requesting an effective date of September 1, 2010.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: 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. As a result of the statutorily required four-year review of rules, proposed amendments to 19 TAC §89.61, Contracting for Residential Educational Placements for Students with Disabilities, and 19 TAC §89.63, Instructional Arrangements and Settings, are presented in this item. The proposed amendments 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.
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 and 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, Special Education Services and Settings, 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: None.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
Respectfully submitted,
Robert Scott
Commissioner of Education
Staff Members Responsible:
Gene Lenz, Deputy Associate Commissioner
Special Programs
Kathy Clayton, Director
IDEA Coordination
Attachments:
I. Statutory Citation
II. Text of Proposed Amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings