September 2014 Committee on Instruction Item 3
Proposed Amendment to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings, §89.63, Instructional Arrangements and Settings
(First Reading and Filing Authorization)
September 19, 2014
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization proposed amendment to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings, §89.63, Instructional Arrangements and Settings. The proposed amendment would address the mainstream, homebound, off-home campus, and vocational adjustment class/program instructional arrangements.
STATUTORY AUTHORITY: Texas Education Code (TEC), §42.151(e).
EFFECTIVE DATE: The proposed effective date of the proposed amendment to 19 TAC §89.63 is 20 days after filing as adopted with the Texas Register. 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 2015-2016 school year. The earlier effective date would enable districts to consider using the revised definitions in spring admission, review, and dismissal committee meetings in preparation for the 2015-2016 school year.
PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC §89.63 effective September 1, 1996. Section 89.63 was last amended effective August 24, 2010. The SBOE adopted the statutorily required four-year review of SBOE rules in 19 TAC Chapter 89, Adaptations for Special Populations, at the April 2014 meeting. A discussion item regarding the proposed amendment to 19 TAC §89.63 was presented to the committee during its July 2014 meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Section 89.63, Instructional Arrangements and Settings, establishes the definitions for the special education instructional arrangements. The instructional arrangements determine the amount of state special education funds local school districts receive and, by definition, how and/or where students with disabilities receive services.
During the statutorily required review of SBOE rules in 19 TAC Chapter 89, Adaptations for Special Populations, the SBOE received one public comment from Disability Rights Texas (DRTx) related to 19 TAC §89.63. The SBOE directed staff to review the changes requested by DRTx and report any recommendations. On July 8, 2014, agency staff presented the issues related to the public comment from DRTx to a stakeholder group to solicit broader stakeholder input. Staff presented a report about the issues and stakeholder input to the SBOE Committee on Instruction at its July 2014 meeting.
As a result of discussion at the July 2014 committee meeting and the July 8 stakeholder meeting, agency staff recommends proposed amendment to 19 TAC §89.63 as shown in Attachment II. The proposed amendment would revise: 1) the mainstream definition to add the phrase "positive classroom behavioral interventions and supports" to a list of available strategies to support student and teacher success for students served in the general education classroom; 2) the homebound and hospital bedside definition to provide clarity, flexibility, and better alignment with the general education definition of homebound; and 3) the off-home campus and vocational adjustment class/program definitions to provide additional clarity and flexibility for the use of these instructional arrangements with any student and, specifically, a student who continues to receive special education and related services beyond age 18.
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 benefits include additional guidance/clarification and increased flexibility in implementing requirements for instructional arrangements and settings for students with disabilities in order to meet the individual needs of those students in accordance with state and federal regulations.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no new procedural and reporting requirements.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no new locally maintained paperwork requirements.
PUBLIC COMMENTS: The official public comment period will begin when the proposal is published in the Texas Register.
ALTERNATIVES: None.
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.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for first reading and filing authorization proposed amendment to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings, §89.63, Instructional Arrangements and Settings.
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Programs
Gene Lenz, Director
Federal and State Education Policy
Attachments:
I. Statutory Citations (PDF, 23KB)
II. Text of Proposed Amendment to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings, §89.63, Instructional Arrangements and Settings (PDF, 29KB)