19 TAC Chapter 89

Adaptations for Special Populations

The links below provide PDF versions of each subchapter. You may also access a PDF version of the Chapter 89 table of contents.

A free PDF reader is available on the Adobe website.

STATE BOARD OF EDUCATION RULES

Subchapter A. Gifted/Talented Education

§89.1. Student Identification.
§89.2. Professional Learning.
§89.3. Student Services.
§89.4. Fiscal Responsibility.
§89.5. Program Accountability.

Subchapter C. Texas Certificate of High School Equivalency

§89.41. Policy.
§89.42. Official Testing Centers.
§89.43. Eligibility for a Texas Certificate of High School Equivalency.
§89.44. Identification.
§89.45. Retesting.
§89.46. Accommodations.
§89.47. Issuance of the Certificate.

Subchapter D. Special Education Services and Settings

§89.62. Support of Students Enrolled in the Texas School for the Blind and Visually Impaired and Texas School for the Deaf.

COMMISSIONER OF EDUCATION RULES

Subchapter AA. Commissioner's Rules Concerning Special Education Services

Division 1. General Provisions

§89.1001. Scope and Applicability.
§89.1005. Instructional Arrangements and Settings.

Division 2. Clarification of Provisions in Federal Regulations and State Law

§89.1011. Full and Individual Initial Evaluation.
§89.1035. Age Ranges for Student Eligibility.
§89.1040. Eligibility Criteria.
§89.1047. Procedures for Special Education Decision-Making for Students in Foster Care.
§89.1049. Parental Rights Regarding Adult Students.
§89.1050. The Admission, Review, and Dismissal Committee.
§89.1052. Discretionary Placements in Juvenile Justice Alternative Education Programs.
§89.1053. Procedures for Use of Restraint and Time-Out.
§89.1055. Individualized Education Program.
§89.1056. Transfer of Assistive Technology Devices.
§89.1065. Extended School Year Services.
§89.1070. Graduation Requirements.
§89.1075. General Program Requirements and Local District Procedures.
§89.1076. Interventions and Sanctions.
§89.1080. Regional Day School Program for the Deaf.
§89.1085. Referral for the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf Services.
§89.1090. Transportation of Students Placed in the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf.
§89.1092. Contracting for Nonpublic Residential Placements for the Provision of a Free Appropriate Public Education (FAPE).§89.1094. Students Receiving Special Education and Related Services in an Off-Campus Program.
§89.1094. Contracting for Nonpublic or Non-District Operated Day Placements for the Provision of a Free Appropriate Public Education (FAPE).
§89.1096. Provision of Services for Students Placed by their Parents in Private Schools or Facilities.

Division 3. Memoranda of Understanding Affecting Special Education Students

§89.1100. Memorandum of Understanding on Coordination of Services to Disabled Persons.
§89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities.

Division 4. Special Education Funding

§89.1121. Distribution of State Funds.
§89.1125. Allowable Expenditures of State Special Education Funds.

Division 5. Special Education and Related Service Personnel

§89.1131. Qualifications of Special Education, Related Service, and Paraprofessional Personnel.

Division 6. Regional Education Service Center Special Education Programs

§89.1141. Education Service Center Regional Special Education Leadership.

Division 7. Dispute Resolution

§89.1150. General Provisions.
§89.1151. Special Education Due Process Hearings.
§89.1165. Request for Special Education Due Process Hearing.
§89.1170. Impartial Hearing Officer.
§89.1175. Representation in Special Education Due Process Hearings.
§89.1180. Prehearing Procedures.
§89.1183. Resolution Process.
§89.1185. Hearing Procedures.
§89.1186. Extensions of Time.
§89.1191. Special Rule for Expedited Due Process Hearings.
§89.1192. Attorneys' Fees.
§89.1193. Special Education Mediation.
§89.1195. Special Education Complaint Resolution.
§89.1196. Individualized Education Program Facilitation.
§89.1197. State Individualized Education Program Facilitation.

Subchapter BB. Commissioner's Rules Concerning State Plan for Educating Emergent Bilingual Students

§89.1201. Policy.
§89.1203. Definitions.
§89.1205. Required Bilingual Education and English as a Second Language Programs.
§89.1207. Bilingual Education Exceptions and English as a Second Language Waivers.
§89.1210. Program Content and Design.
§89.1215. Home Language Survey.
§89.1220. Language Proficiency Assessment Committee.
§89.1226. Testing and Classification of Students.
§89.1227. Minimum Requirements for Dual Language Immersion Program Model.
§89.1228. Two-Way Dual Language Immersion Program Model Implementation.
§89.1229. General Standards for Recognition of Dual Language Immersion Program Models.
§89.1230. Eligible Students with Disabilities.
§89.1233. Participation of Non-Emergent Bilingual Students.
§89.1235. Facilities.
§89.1240. Parental Authority and Responsibility.
§89.1245. Staffing and Staff Development.
§89.1250. Required Summer School Programs.
§89.1265. Program Evaluation.

Subchapter DD. Commissioner's Rules Concerning High School Equivalency Programs

§89.1401. Purpose.
§89.1403. Student Eligibility.
§89.1405. Application to Operate a High School Equivalency Program.
§89.1407. Public Hearing.
§89.1409. Assessment.
§89.1411. Attendance.
§89.1413. Funding Under the Texas Education Code, Chapters 41, 42, and 46.
§89.1415. Extracurricular Participation.
§89.1417. Conditions of Program Operation.
§89.1419. Revocation of Authorization to Operate a High School Equivalency Program.

Subchapter EE. Commissioner's Rules Concerning the Communities In Schools Program

§89.1501. Definitions.
§89.1503. Funding.
§89.1504. Demonstration of Community Participation. 
§89.1505. Eligibility and Grant Application.
§89.1507. Case-Managed Students.
§89.1511. Performance Standards and Revocation of Grant Award.

Subchapter FF. Commissioner's Rules Concerning Transition Assistance for Highly Mobile Students Who Are Homeless or in Substitute Care

§89.1601. Definitions.
§89.1603. Transfer of Student Records and Transcripts.
§89.1605. Development of Systems to Ease Transitions and Establish Procedures to Lessen the Adverse Impact of Movement of a Student.
§89.1607. Evaluation of Student Records for Students Who Are Homeless or in Substitute Care.
§89.1609. Placement in Educational Programs and Courses.
§89.1611. Programs, Credit Transfer Services, Electronic Courses, and After-School Tutoring Programs for Students Who Are Homeless or in Substitute Care.
§89.1613. Promotion of Postsecondary Information.
§89.1615. Provision of Special Education Services.
§89.1617. Notice to Student's Educational Decision-Maker and Caseworker.

Subchapter GG. Commissioner's Rules Concerning Dropout Prevention Strategies

§89.1701. Dropout Prevention Strategy Plan.

Subchapter HH. Commissioner's Rules Concerning Education in a Juvenile Residential Facility

§89.1801. Instructional Requirements for Education Services Provided in a Juvenile Residential Facility.

NOTE: The Texas Education Agency makes every effort to ensure that the information published on this Internet site is secure; however, due to the limitations of Internet security, the rules published here are for information only and do not represent legal documentation.