February 20, 2004

TO THE STAKEHOLDER ADDRESSED:

SUBJECT: Request for Public Comment on Proposed Commissioner’s Rules

The enclosed documents represent the proposed amendments to 19 Texas Administrative Code (TAC) Chapter 89, Adaptations for Special Populations, Subchapter AA, Commissioner’s Rules Concerning Special Education Services, pertaining to special education services for students with disabilities. The proposed changes reflect revised rules and a repeal resulting from revisions to the Texas Education Code (TEC) and expiration of a rule.

Specifically, this rule action proposes to amend:

  • Section 89.1053, Procedures for Use of Restraint and Time-Out, would be amended to reflect changes made in TEC, §37.0021, related to the definitions of restraint and time-out and the applicability of the law and rules to certain individuals and entities. During the legislative session in 2003, TEC, §37.0021, was amended to revise language related to the procedures for use of confinement, restraint, seclusion, and time-out. The definitions for restraint and time-out were revised, and language was added to indicate that the law, and any rules or procedures adopted under the law, do not apply to peace officers while performing law enforcement duties; juvenile probation, detention, or corrections personnel; or an educational services provider with whom a student is placed by a judicial authority, unless the services are provided in an educational program of a school district.
  • Section 89.1055, Content of the Individualized Education Program (IEP), would be amended to reflect legislative intent related to transition and to add language related to the new transition requirements as reflected in TEC, §29.011. The amended law no longer requires a memorandum of understanding (MOU) on transition planning for students with disabilities, but requires the admission, review, and dismissal (ARD) committee to consider, and, if appropriate, address in the IEP nine issues related to transition planning for students
    with disabilities.
  • Section 89.1076, Interventions and Sanctions, would be amended to reflect language changes made in TEC, §39.131. The amended law revises language related to the appointment of a conservator, as opposed to a master, to oversee the operations of a district, and it is proposed that 19 TAC §89.1076 be amended to reflect this revised reference consistent with the statute. It is further proposed that language be added to reflect that, in building a new monitoring system for educational programs, the focus has expanded beyond compliance-based issues to encompass student performance, including program effectiveness.
  • Section 89.1096, Provision of Services for Students Placed by their Parents in Private Schools or Facilities, would be amended to remove its expiration date of June 30, 2004, and reference to 19 TAC §89.1095. These changes reflect both the repeal of §89.1095 and the commissioner's intent to extend the current timeline in regard to the availability of dual enrollment for eligible students with disabilities ages 3 or 4.

The extension of this requirement will allow students with disabilities ages 3 and 4 to continue to be dually enrolled in both public and private schools and to receive the services and protections available under an individualized education plan. The proposed amendment also clarifies that the protections afforded to 3- and 4-year-old children under this section are intended to impact those students not yet eligible to attend kindergarten in a public school district.

This rule action also proposes to repeal:

  • 19 TAC §89.1095, Provision of Services for Students Placed by their Parents in Private Schools, which expired on June 30, 2001, since it is no longer in effect.

This request for public comment on the proposed commissioner’s rules is being sent to education service centers (ESCs), district and charter school superintendents and special education directors, state agencies, and statewide organizations, including parent training and information centers and advocacy groups. Please submit written comments on the proposed commissioner’s rules via U.S. mail, fax or e-mail by April 4, 2004.

In addition, public hearings have been scheduled to provide interested individuals with another opportunity to provide comments pertaining to the proposed rule. An invitation to the public hearing is attached which contains information about specific locations, dates and times. These public hearings will be conducted statewide over the Texas Education Telecommunications Network (TETN) at each of the twenty regional ESCs on March 1, 2004, and March 8, 2004. If you cannot attend a public hearing in your region, you may wish to attend another scheduled public hearing at another ESC location or submit written comment on the attached comment form.

At the public hearing, participants will be given three minutes to present their comments. Public hearing participants are encouraged (not required) to provide the Agency with a paper copy of their testimony. Registration to provide testimony at the public hearing will take place on-site at the hearing location beginning at 8:45 a.m. and ending at 3 p.m. Central Standard Time (CST). Interpreters for the deaf and Spanish speakers will be available. Individuals requiring additional special assistance or directions to the hearing location should contact the host ESC (telephone numbers are provided on invitation).

We encourage you to participate in the rule revision process by mailing or e-mailing your comments and/or attending the public hearing. The rule revision process works best when all stakeholders participate. Please feel free to share this information with other interested stakeholders/organizations. A link to the Commissioner's Rules for Special Education (Proposed) can be found at .

If you have questions, please contact the TEA Office of Special Education at (512) 463-9414.

Sincerely,

Susan Barnes

Associate Commissioner for Standards and Programs

SB:LT:drc

Enclosures