Proposed Amendments to Title 19 Texas Administrative Code (TAC), Chapter 89, Adaptations for Special Populations, Subchapter AA, Commissioner's Rules Concerning Special Education Services will be published in the October 15, 2010, issue of the Texas Register. The proposed changes reflect amended Commissioner's rules resulting from amendments to the Texas Education Code (TEC).
The Texas Education Agency encourages participation in the Commissioner’s Rule amendment process by inviting stakeholders to comment in writing or at a public hearing before the close of the public comment period on November 15, 2010. The Commissioner’s rule amendment process works best when all stakeholders participate.
Background Information and Significant Issues
House Bill 3, 81st Texas Legislature, 2009, amended the TEC, §39.023, to include changes to graduation requirements effective September 1, 2009. As a result of the changes to the state law, 19 TAC §89.1070 must be amended to ensure school district compliance with new procedural requirements.
In accordance with state and federal law, an admission, review, and dismissal (ARD) committee may determine that, for a student receiving special education services, a locally developed course is an appropriate substitute for a course that meets state graduation requirements for the minimum high school program. Under current policy, however, there is no requirement for locally developed courses to be aligned with the courses for which they substitute. For example, a student taking Consumer Math or Fundamentals of Math to substitute for Algebra I or Geometry may not receive adequate instruction in the Texas essential knowledge and skills (TEKS) for Algebra I or Geometry, which are both required to be assessed through end-of-course (EOC) assessments. Therefore, a student taking a locally developed course as a substitute for an assessed course would not be prepared to participate in a state assessment. This would include students receiving special education services participating in the general assessments as well as alternate assessments.
Beginning with the 2011-2012 school year, school districts will be required to review the content of locally developed courses for alignment with the TEKS to ensure students receive instruction that is aligned with the required course and respective EOC assessment.
A stakeholder meeting of parents, advocates, school districts, support personnel organizations, and teacher and administrator organizations was convened in August 2010 during the development of the proposed rule changes. Section 89.1070 would be amended to reflect assessment and curriculum requirements for graduation as required by HB 3, as follows.
Subsection (b)(1) would be amended to update language relating to assessments and include a reference to the performance standards established in the TEC, Chapter 39. Subsection (b)(1)-(3) would be amended to include references to the curriculum standards a special education student may be required to complete to graduate and be awarded a high school diploma. Subsection (b)(2) would be amended to clarify the role of the ARD committee in determining the level of performance necessary for graduation.
In addition, to more clearly organize the four conditions under
which a student with a disability can graduate, the section would be reorganized
to move current subsections (c) and (d) to new subsection (b)(3) and (4). Subsequent
subsections would be re-lettered accordingly. Technical corrections to update
cross references would also be made.
Public Hearing
Public hearings have been scheduled to provide interested individuals with another opportunity to provide comments pertaining to the proposed rule. These public hearings will be conducted statewide over the Texas Education Telecommunications Network (TETN) at each of the twenty regional education service centers (ESCs) on October 19, 2010 . If you cannot attend a public hearing in your region, you may wish to submit written comment on a comment form (see below).
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 11:30 a.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.
Public Comment
Individuals interested in providing public comment may testify at the public hearing or submit written comments by dowloading a Public Comment Form, completing it, and sending it to spedrule@tea.state.tx.us, by the November 15, 2010, deadline.
Texas Education Agency | Division of IDEA Coordination
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560
Last Updated: October 8, 2010 | Created: August 25, 2002
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