SUBJECT: Dissemination of Adopted Commissioner S Rules for Special Education

November 24, 2003

TO THE STAKEHOLDER ADDRESSED:

SUBJECT: Dissemination of Adopted Commissioner’s Rules for Special Education

The enclosed documents represent the adopted 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 The adopted changes reflect revised and repealed rules resulting from revisions to the Texas Education Code (TEC) and clarification of rulemaking to align with rulings of the Third Court of Appeals-Austin. The adopted rule actions address the legislative requirements through the repeal of 19 TAC §89.1110, Memorandum of Understanding on Individual Transition Planning for Students Receiving Special Education Services, and amendments to 19 TAC §89.1011, Referral for Full and Individual Initial Evaluation, 19 TAC §89.1050, The Admission, Review, and Dismissal (ARD) Committee, and 19 TAC §89.1052, Discretionary Placements in Juvenile Justice Alternative Education Programs (JJAEP). The court ruling is addressed in the adopted amendment to 19 TAC §89.1185, Hearing. These commissioner’s rules for special education have been adopted as proposed and will be effective November 16, 2003. The adopted rules are available for viewing/downloading on the Agency’s Web site at

Summary of Adopted Rule Action:

(1)19 TAC §89.1011, Referral for Full and Individual Initial Evaluation, reflects changes made in TEC, §29.004, related to the 60 calendar-day timeline for completion of a full and individual initial evaluation;

(2)19 TAC §89.1050, The Admission, Review, and Dismissal (ARD) Committee, reflects requirements of the ARD committee related to personal graduation plans and intensive instruction as referenced in TEC, §28.0212 and §28.0213;

(3)19 TAC §89.1052, Discretionary Placements in Juvenile Justice Alternative Education Programs (JJAEP), reflects an extension of the rule effective date related to these placements as referenced in TEC, §37.004;

(4) 19 TAC §89.1185, Hearing, reflects the findings of the Third Court of Appeals-Austin related to the timeline for appealing the decision of a due process hearing officer; and

(5)19 TAC §89.1110, Memorandum of Understanding on Individual Transition Planning for Students Receiving Special Education Services, is repealed to reflect the changes made in TEC, §29.011.

The most significant issue pertaining to these adopted rules relates to the repeal of 19 TAC §89.1110 to comply with amendments made to TEC, §29.011. The amended law in TEC, §29.011, no longer requires a memorandum of understanding (MOU) on transition planning for students with disabilities. Therefore, the repeal of the current MOU in 19 TAC §89.1110 reflects legislative intent. Additional language related to the new transition requirements reflected in TEC, §29.011, will be added to a separate commissioner's rule in a future rule proposal.

Additionally, during the legislative session in 2003, the TEC was amended to revise the calculation of the timeline for completion of full and individual initial evaluations. The timeline no longer will begin at referral of the student for evaluation, but, rather, at the point a school district receives written consent signed by the student's parent or legal guardian. Adopted 19TAC §89.1011 reflects an appropriate change, deletion of the text related to the 60 calendar-day timeline for completion of a full and individual initial evaluation, since this section addresses referral requirements and the 60-day timeline no longer begins at referral.

We appreciate the comments received from stakeholders during the rule revision and adoption process. Your ongoing interest in the education of students with disabilities is appreciated. Please share this information with other interested stakeholders/organizations. Notification of this letter is being transmitted via the following Agency Web Mailing Lists: "To The Administrator Addressed Correspondence"; "Special Education Updates"; and "Rules." You may join any of these Agency Web Mailing Lists at In addition, the Agency is requesting regional education service center special education contacts to disseminate this letter electronically to all special education programs in their region. This letter and adopted rules will be mailed to parent training and information centers, statewide disability organizations, statewide associations, state agencies, and other special education stakeholders. We encourage you to join the Agency Web Mailing Lists in order to stay current on important Agency activities.

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

Sincerely,

Susan Barnes

Associate Commissioner for Standards and Programs

SB:DC:myr

Enclosure