The Texas Education Agency (TEA) proposes amendments to §§89.1035, 89.1040, 89.1050, 89.1052, and 89.1170, concerning adaptations for special populations. The sections describe provisions related to special education services. The proposed amendments would include technical amendments to rules relating to age ranges for student eligibility, eligibility criteria, and discretionary placements in Juvenile Justice Alternative Education Programs (JJAEPs). The proposed amendments would also include an amendment to a rule regarding the admission, review, and dismissal (ARD) committee to clarify the requirements for translating individualized education programs (IEPs) and certain notices into a parent's native language and an amendment to a rule regarding the assignment of hearing officers in due process hearings filed under the Individuals with Disabilities Education Act (IDEA), 20 United States Code §1400, et seq.

The commissioner recently adopted amendments to multiple rules in 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter AA, Commissioner's Rules Concerning Special Education Services, to incorporate legislation passed during the 82nd Texas Legislature, Regular Session, 2011, and the 83rd Texas Legislature, Regular Session, 2013. These amended rules became effective on January 1, 2015. Three additional rules require amendment to align with the recent rule amendments and statutory changes. The proposed amendments to 19 TAC Chapter 89, Subchapter AA, Division 2, Clarification of Provisions in Federal Regulations and State Law, would make minor technical changes, provide clarity, and comply with the requirements of the Texas Education Code and IDEA, as follows.

Section 89.1035, Age Ranges for Student Eligibility, would be amended to make minor technical edits and to align with recent amendments to §89.1070 relating to graduation requirements.

Section 89.1040, Eligibility Criteria, would be amended in subsection (c)(12)(A)(ii)(II) to make a minor technical edit.

Section 89.1050, The Admission, Review, and Dismissal Committee, would be amended to clarify that written notice of an ARD committee meeting and of a school's refusal to convene an ARD committee meeting requested by a parent as well as prior written notices under 34 CFR, §300.503, must be provided in the parent's native language. The section would also be amended to explain the requirements for providing the student's IEP in the parent's native language.

Section 89.1052, Discretionary Placements in Juvenile Justice Alternative Education Programs (JJAEP), would be amended in subsections (b) and (c) to align with recent amendments to §89.1050(d) regarding the time frame within which written notice of an ARD committee meeting must be provided, to make minor technical edits throughout the rule, and to provide clarity. The section title would also be amended to remove the acronym.

In addition, the IDEA requires the TEA, as the state educational agency, to assign independent hearing officers to conduct due process hearings. Accordingly, in 2001, the commissioner exercised rulemaking authority to adopt 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter AA, Commissioner's Rules Concerning Special Education Services, Division 7, Dispute Resolution. The TEA has recently contracted with the State Office of Administrative Hearings (SOAH) to provide administrative law judges to act as hearing officers in a portion of the hearing requests filed with the TEA. The TEA also contracts with private practice attorneys to act as hearing officers. As a result of the contract with SOAH, the TEA has changed the manner in which it assigns due process hearing cases to hearing officers. The proposed amendment to 19 TAC Chapter 89, Subchapter AA, Division 7, would reflect that change, as follows.

Section 89.1170, Impartial Hearing Officer, would be amended in subsection (a) to describe the manner in which the TEA assigns special education due process hearings to hearing officers. Minor technical edits would also be made throughout the rule.

TEA staff is aware that pending legislation may have implications for the proposed amendments. If so, TEA staff will make adjustments through future rulemaking as necessary.

The proposed amendments would incorporate procedural and reporting requirements contained in the IDEA that school districts must follow and do not impose any new or additional reporting requirements.

The proposed rule action would have no new locally maintained paperwork requirements.

Monica Martinez, associate commissioner for standards and programs, has determined that for the first five-year period the amendments are in effect there will be no additional costs for state or local government as a result of enforcing or administering the amendments.

Ms. Martinez has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amendments will be to clarify and update rules regarding special education services and the dispute resolution process. There is no anticipated economic cost to persons who are required to comply with the proposed amendments.

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.

The public comment period on the proposal begins June 5, 2015, and ends July 6, 2015. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.texas.gov or faxed to (512) 463-5337. Public hearings on the proposed amendments have been scheduled for Monday, June 15, 2015, and Wednesday, June 17, 2015, in Room 1-111, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. The public hearing on June 15, 2015, will be held from 10:00 a.m. to 1:00 p.m. The public hearing on June 17, 2015, will be held from 9:00 a.m. to 12:00 p.m. Questions about the scheduled public hearings should be directed to the TEA Legal Services Division at (512) 463-9720.

The amendments are proposed under the Texas Education Code (TEC), §29.001, which authorizes the commissioner of education to develop, and modify as necessary, a statewide design, consistent with federal law, for the delivery of services to children with disabilities in this state that includes rules for the administration and funding of the special education program so that a free appropriate public education is available to all of those children between the ages of three and 21; and 34 CFR, Part 300, which requires states to have policies and procedures in place to ensure the provision of a free appropriate public education to children with disabilities (34 CFR, §300.100), and to ensure that children with disabilities and their parents are afforded procedural safeguards (34 CFR, §300.121).

The amendments implement the TEC, §29.001, and 34 CFR §300.100 and §300.121.