PART 2. TEXAS EDUCATION AGENCY
CHAPTER 89. ADAPTATIONS FOR SPECIAL POPULATIONS
SUBCHAPTER AA. COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES
The Texas Education Agency (TEA) adopts amendments to §§89.1049, 89.1065, and 89.1141, concerning special education services. The amendments are adopted without changes to the proposed text as published in the March 22, 2024 issue of the Texas Register (49 TexReg 1837) and will not be republished. The adopted amendments clarify terminology and codify current program practices.
REASONED JUSTIFICATION: Section 89.1049 establishes parental rights regarding adult students. The adopted amendment to §89.1049 removes references to an outdated school year.
Section 89.1065 establishes criteria for extended school year (ESY) services.
The adopted amendment to §89.1065(2) establishes the documentation required for ESY services to include data collected by the district and the student's parents using assessments, as opposed to evaluations. The amendment also replaces language related to individualized education program (IEP) goals and objectives with language related to areas where the student previously demonstrated acquired progress. An additional change clarifies severe or substantial regression as the student being unable to maintain previously acquired progress in one or more critical IEP areas in the absence of ESY services.
Section 89.1065(5) is revised to establish a requirement for the admission, review, and dismissal (ARD) committee to consider ESY services at the student's annual IEP review, as opposed to the parent requesting a discussion regarding ESY services at the ARD committee meeting. Language is added to specify that if a student for whom ESY services were considered and rejected at the annual IEP review later demonstrates a need for ESY services, the parent and school district must determine either through an IEP amendment by agreement in accordance with 34 Code of Federal Regulations (CFR), §300.324(a)(4), or during an ARD committee meeting the location, duration, and frequency of ESY services the student requires.
New §89.1065(10) adds criteria regarding a student requiring ESY services who withdraws during the summer months from one district and registers in another to require the new district to be responsible for fulfilling ESY services. The new district may include the direct provision of the services or contract with the previous district or another entity to provide the services or payment for the services.
Section 89.1141 establishes education service center regional special education leadership. The section is amended to remove guidelines already established in statute and/or program and grant guidelines.
SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began March 22, 2024, and ended April 22, 2024, and included public hearings on April 4 and 5, 2024. Following is a summary of public comments received and the agency responses.
§89.1049, Parental Rights RegardingAdult Students
Comment: A special education advocate requested that TEA add "educational representatives" to this section.
Response: This comment is outside the scope of the proposed rulemaking.
§89.1065, Extended School Year Services
Comment: A school psychologist commented requesting clarification for the addition of the term "assessment" as opposed to "evaluations."
Response: The agency provides the following clarification. "Assessments" are typically viewed as less formal than "evaluations." Student data is critical to determining ESY service needs, and formal evaluations are not needed to collect that data.
§89.1141, Education Service Center Regional Special Education Leadership
Comment: The Alliance of and for Visually Impaired Texans and ten individuals commented in disagreement with the proposed deletion of subsection (e), which requires education service center personnel providing leadership, training, and support for students with visual impairments to be certified.
Response: The agency disagrees. Information regarding staff qualifications is already included in the program guidelines that are required in education service center grants distributed from TEA. The qualifications are, therefore, not required to be in rule since adhering to the program guidelines is a requirement for the receipt of grant funds.
DIVISION 2. CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS
STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code (TEC), §8.001, which establishes the operation of education service centers; TEC, §8.002, which defines the purpose of education service centers; TEC, §8.051, which establishes the core services of education service centers and services to improve student and district performance; TEC, §8.052, which requires education service centers to use funds distributed under TEC, §8.123, to implement initiatives identified by the legislature; TEC, §8.053, which defines additional services a regional service center may provide; TEC, §29.001, which requires the agency to develop and modify as necessary a statewide plan for the delivery of services to children with disabilities that ensures the availability of a free appropriate public education to children between the ages of 3-21; TEC, §29.017, which establishes criteria for the transfer of rights from a parent to a child with a disability who is 18 or older or whose disabilities have been removed under Texas Family Code, Chapter 31, to make educational decisions; 34 Code of Federal Regulations (CFR), §300.12, which defines criteria for an educational service agency; 34 CFR, §300.320, which defines the requirements for an individualized education program (IEP); 34 CFR, §300.321, which establishes the requirements of an IEP team for each child with a disability; 34 CFR, §300.520, which establishes the criteria for the transfer of parental rights for a child with a disability who reaches the age of majority under state law; and 34 CFR, §300.106, which establishes the criteria for extended school year services.
CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §§8.001, 8.002, 8.051, 8.052, 8.053, 29.001, and 29.017; and 34 Code of Federal Regulations, §§300.12, 300.320, 300.321, 300.520, and 300.106.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 3, 2024.
TRD-202402948
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: July 23, 2024
Proposal publication date: March 22, 2024
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §8.001, which establishes the operation of education service centers; TEC, §8.002, which defines the purpose of education service centers; TEC, §8.051, which establishes the core services of education service centers and services to improve student and district performance; TEC, §8.052, which requires education service centers to use funds distributed under TEC, §8.123, to implement initiatives identified by the legislature; TEC, §8.053, which defines additional services a regional service center may provide; TEC, §29.001, which requires the agency to develop and modify as necessary a statewide plan for the delivery of services to children with disabilities that ensures the availability of a free appropriate public education to children between the ages of 3-21; TEC, §29.017, which establishes criteria for the transfer of rights from a parent to a child with a disability who is 18 or older or whose disabilities have been removed under Texas Family Code, Chapter 31, to make educational decisions; 34 Code of Federal Regulations (CFR), §300.12, which defines criteria for an educational service agency; 34 CFR, §300.320, which defines the requirements for an individualized education program (IEP); 34 CFR, §300.321, which establishes the requirements of an IEP team for each child with a disability; 34 CFR, §300.520, which establishes the criteria for the transfer of parental rights for a child with a disability who reaches the age of majority under state law; and 34 CFR, §300.106, which establishes the criteria for extended school year services.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§8.001, 8.002, 8.051, 8.052, 8.053, 29.001, and 29.017; and 34 Code of Federal Regulations, §§300.12, 300.320, 300.321, 300.520, and 300.106.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 3, 2024.
TRD-202402949
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: July 23, 2024
Proposal publication date: March 22, 2024
For further information, please call: (512) 475-1497