19 TAC §92.1001, §92.1003
The Texas Education Agency (TEA) adopts the repeal of §92.1001
and §92.1003, concerning memoranda of understanding. The repeals are
adopted without changes to the proposed text as published in the May 6, 2005,
issue of the
Texas Register
(30 TexReg 2647)
and will not be republished. Section 92.1001 adopts by rule the memorandum
of understanding for coordinated services to children and youth. Section 92.1003
adopts by rule the memorandum of understanding concerning the Communities
In Schools program. The repeals are necessary because of changes in authorizing
statutes.
The 71st Texas Legislature, 1989, passed Senate Bill 298, the original
legislation that authorized a system of community resource coordination groups
to coordinate services for children and youth. The commissioner of education
exercised rulemaking authority to adopt 19 TAC §92.1001, Memorandum of
Understanding for Coordinated Services to Children and Youth, effective October
5, 1998. The 77th Texas Legislature, 2001, passed Senate Bill 1468, legislation
for coordinated services to children and youth that no longer mandates the
memorandum of understanding (MOU) to be adopted by rule. Accordingly, this
item adopts the repeal of 19 TAC §92.1001.
The Texas Family Code, Chapter 264, passed by the 76th Texas Legislature,
1999, required the TEA and the Texas Department of Protective and Regulatory
Services (DPRS) to adopt an MOU into rule. The current commissioner rule,
19 TAC §92.1003, Memorandum of Understanding Concerning the Communities
In Schools Program, was adopted to be effective October 1, 2000. The 78th
Texas Legislature, 2003, passed Senate Bill 1038, transferring provisions
of the Texas Family Code, Chapter 264, Subchapter I, to the Texas Education
Code, Chapter 33, Subchapter E. The transfer of the Texas Family Code to the
Texas Education Code transferred the Communities In Schools (CIS) program
from the Department of Family and Protective Services (DFPS), formerly known
as the DPRS, to the TEA. The current MOU between the TEA and the DPRS is no
longer applicable. Accordingly, this item adopts the repeal of 19 TAC §92.1003.
Senate Bill 1038 specified that on September 1, 2003, a reference in law
or administrative rule to the DPRS that relates to the CIS program means the
TEA and that a reference in law or administrative rule of the executive director
of the DPRS that relates to the CIS program means the commissioner of education.
The legislation also stated that a rule of the DPRS relating to the CIS program
continues in effect as a rule of the commissioner of education until superseded
by rule of the commissioner of education. Accordingly, the commissioner of
education has proceeded with the rulemaking process to adopt provisions for
the CIS. The adoption of new 19 TAC Chapter 89, Adaptations for Special Populations,
Subchapter EE, Commissioner's Rules Concerning Communities In Schools Program,
was filed on June 14, 2005. These new rules took effect on July 4, 2005.
No comments were received regarding adoption of the repeals.
The repeals are adopted under Senate Bill 1468, 77th Texas Legislature,
2001, which no longer mandates that an MOU relating to coordinated services
to children and youth be adopted by rule and Senate Bill 1038, 78th Texas
Legislature, 2003, which transferred the Communities In Schools program to
the TEA.
The repeals implement Senate Bill 1468, 77th Texas Legislature, 2001, and
Senate Bill 1038, 78th Texas Legislature, 2003.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 11, 2005.
TRD-200502817
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: July 31, 2005
Proposal publication date: May 6, 2005
For further information, please call: (512) 475-1497