The Texas Education Agency (TEA) proposes amendments to §§89.1001, 89.1011, 89.1015, 89.1035, 89.1055, 89.1065, 89.1075, 89.1090, 89.1095, 89.1121, 89.1125, and 89.1131; the repeal of §§89.1020, 89.1025, 89.1030, 89.1040, 89.1045, 89.1050, 89.1060, 89.1070, 89.1085, 89.1105, 89.1151, 89.1155, 89.1160, 89.1165, 89.1170, 89.1175, 89.1180, 89.1185, and 89.1190; and new §§89.1040, 89.1045, 89.1047, 89.1049, 89.1050, 89.1056, 89.1060, 89.1070, 89.1076, 89.1085, 89.1096, 89.1150, 89.1151, 89.1165, 89.1170, 89.1180, 89.1185, and 89.1191, concerning special education services. The sections clarify federal regulations and state statutes pertaining to delivering special education services to students with disabilities. The sections also establish definitions, requirements, and procedures related to: interagency agreements; special education funding; personnel issues; and resolution of disputes between parents and school districts.

The Individuals with Disabilities Education Act (IDEA) Amendments of 1997, was signed into law in June 1997. The final federal regulations were published by the United States Department of Education, Office of Special Education Programs, in March 1999. The IDEA Amendments of 1997 contain numerous changes to the federal law pertaining to the education of students with disabilities. In addition, during the 76th Texas Legislative Session, 1999, several new sections of special education law were added and other sections were amended. As a result of the changes to the federal special education law and regulations and state law, 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter AA, Special Education Services, must be amended to reflect these changes to ensure school district compliance with new procedural and reporting requirements.

The most significant issue pertaining to these proposed changes relates to the proposed amendments to 19 TAC §89.1095 and proposed new §89.1096, relating to dual enrollment. Section 89.1095, proposed to expire on June 30, 2001, required school districts to serve students with disabilities placed in private schools by their parents if the student was dually enrolled in the school district and private school. The amended federal law limits the service that schools and states are obligated to provide to students placed in private schools by their parents. Proposed new §89.1096, proposed for implementation beginning July 1, 2001, addresses these federal regulations. Also, in order to conform to new provisions in IDEA and to promote effective and efficient determination of disputes arising under IDEA, changes to procedural rules are proposed in new §§89.1150, 89.1151, 89.1165, 89.1170, 89.1180, 89.1185, and 89.1191 pertaining to due process hearings on students with disabilities. In addition to the changes in federal law, the Texas Education Code (TEC) was amended during the legislative session in 1999 to require the commissioner to adopt rules relating to surrogate and foster parents and the transfer of assistive technology devices. As a result of these amendments to state statute, new 19 TAC §89.1047 and §89.1056 are proposed to reflect legislative intent.

Additional changes include: the restructuring of the age ranges and graduation requirements in 19 TAC §89.1035 and §89.1070 to more closely align with federal regulation; the restructuring of the eligible criteria in 19 TAC §89.1040 to more closely align with federal regulation; the addition of 19 TAC §89.1049 pertaining to parental rights regarding adult students; and the alignment of 19 TAC §89.1050 with federal statute and regulation pertaining to discipline and the attendance of the regular teachers at the admission, review, and dismissal (ARD) committee. Also proposed is the inclusion of requirements from 34 Code of Federal Regulations (CFR), §§99.30-99.37, in 19 TAC §89.1050(f), relating to the disclosure of personally identifiable information from education records specific to transfer students. New language is also proposed in 19 TAC §89.1050(h)(1) that clarifies that a district may recess an ARD committee for reasons other than a disagreement of the parent. The proposed repeal of and new 19 TAC §89.1070 provide reorganization of existing language as well as alignment with federal and state laws. New 19 TAC §89.1076 is proposed relating to interventions and sanctions. As a result of TEC, §30.057, a new subsection (d) is proposed in 19 TAC §89.1085, relating to admission to the Texas School for the Deaf.

Also, 19 TAC §89.1105, pertaining to the memorandum of understanding relating to school-age residents of intermediate care facilities, is proposed for repeal because the section expired August 1997. Current 19 TAC §89.1115, pertaining to residential care facilities, includes intermediate care facilities. Subsection (d) of 19 TAC §89.1131, relating to the use of teacher assistants, also expired August 1997 and is proposed for repeal. Additional changes to §89.1131 include the addition of the eligibility category of deaf-blind to 19 TAC §89.1131 to ensure that appropriately certified personnel are in attendance at ARD committee meetings for students who are deaf-blind. Changes are proposed to other sections in order to reflect amended and new federal and state regulations and to provide structure and formatting consistency.

Carol Francois, associate commissioner for education of special populations, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.

Ms. Francois and Criss Cloudt, associate commissioner for policy planning and research, have determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be a consistent linkage to the IDEA Amendments of 1997 and its implementing regulations and a specific reference for school districts to the new federal requirements that provide for the education of students with disabilities. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed.

Comments on the proposal may be submitted to Criss Cloudt, Policy Planning and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Comments may also be submitted electronically to rules@tmail.tea.state.tx.us. All requests for a public hearing on the proposed sections submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the sections has been published in the Texas Register.

The amendments and new sections are proposed under 34 Code of Federal Regulations, §300.600, which outlines the responsibilities of TEA for all educational programs; and Texas Education Code, §§29.001, 29.003, 29.005, 29.015, 30.0015, and 30.057, which authorizes the commissioner of education to adopt rules related to delivering special education services.

The amendment implements 34 CFR, §300.600; and Texas Education Code, §§29.001, 29.003, 29.005, 29.015, 30.0015, and 30.057.