Texas Register
TITLE 19 EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 89ADAPTATIONS FOR SPECIAL POPULATIONS
SUBCHAPTER AACOMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES
DIVISION 2CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS AND STATE LAW
RULE §89.1040Eligibility Criteria
ISSUE 10/20/2017
ACTION Proposed
Preamble Texas Admin Code Rule
(a)-(b)(No change.)

 (c)Eligibility definitions.

  (1)-(8)(No change.)

   (9)Learning disability.

    (A)(No change.)

     (B)A student with a learning disability is one who:

      (i)(No change.)

       (ii)does not achieve adequately for the student's age or meet state-approved grade-level standards in oral expression, listening comprehension, written expression, basic reading skill, reading fluency skills, reading comprehension, mathematics calculation, or mathematics problem solving when provided appropriate instruction, as indicated by performance on multiple measures such as in-class tests; grade average over time (e.g. six weeks, semester); norm- or criterion-referenced tests; statewide assessments; or a process based on the student's response to evidence-based [scientific, research-based] intervention; and

        (I)does not make sufficient progress when provided a process based on the student's response to evidence-based [ scientific, research-based] intervention (as defined in 20 USC, §7801(21) [§7801(37)] ), as indicated by the student's performance relative to the performance of the student's peers on repeated, curriculum-based assessments of achievement at reasonable intervals, reflecting student progress during classroom instruction; or

         (II)(No change.)

   (10)-(13)(No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 9, 2017

TRD-201704053

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: November 19, 2017

For further information, please call: (512) 475-1497

 

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