: Texas Register

Texas Register

TITLE 19	EDUCATION
PART 2	TEXAS EDUCATION AGENCY
CHAPTER 89	ADAPTATIONS FOR SPECIAL POPULATIONS
SUBCHAPTER AA	COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES
DIVISION 2	CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS AND STATE LAW
RULE §89.1011	Full Individual and Initial Evaluation
ISSUE	10/16/2020
ACTION	Proposed

Preamble

Texas Admin Code Rule

(a)Referral of students for a full individual and initial evaluation for possible special education services must be a part of the district's overall, general education referral or screening system. Students [~~Prior to referral, students~~] experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial; remedial; compensatory; response to evidence-based intervention; and other academic or behavior support services. A student is not required to be provided with interventions for any specific length of time prior to a referral being made or a full individual and initial evaluation being conducted. If the student continues to experience difficulty in the general classroom with [~~after~~] the provision of interventions, district personnel must refer the student for a full individual and initial evaluation. A [ ~~This~~] referral for a full individual and initial evaluation may be initiated at any time by school personnel, the student's parents or legal guardian, or another person involved in the education or care of the student.

(b) - (h)(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 4, 2020

TRD-202004131

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: November 15, 2020

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

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