25 TAC §411.63
The Texas Department of Mental Health and Mental Retardation
(department) proposes amendments to §411.63, governing interagency coordination
of special education services to students with disabilities in residential
care facilities, of Chapter 411, Subchapter B, concerning interagency agreements.
The amendments to §411.63 adopt by reference a new rule of the Texas
Education Agency (TEA) at 19 TAC §89.1115, governing memorandum of understanding
concerning interagency coordination of special education services to students
with disabilities in residential facilities, which contains the text of a
new memorandum of understanding (MOU) between the department, TEA, and seven
other agencies. The new TEA rule was proposed for public comment in the January
18, 2002, issue of the
Texas Register
.
The amendments to §411.63 replace the phrase "residential care facilities"
with "residential facilities." The amendments also specify that the new MOU
is adopted by rule as required by the Texas Education Code (TEC) §29.012(d).
The new MOU replaces an existing MOU, the text of which is contained in existing
19 TAC §89.1115. The existing MOU is not required by statute to be adopted
by rule. Instead, it was developed and adopted by rule at the direction of
the Texas Senate Committee on Health and Human Services, 73rd Texas Legislature,
1993. Senate Bill 4 (76th Legislative Session, 1999) amended TEC §29.012
to require adoption of the new MOU by rule. The bill also described new requirements
for the MOU. In addition, the new MOU incorporates new provisions required
by Senate Bill 1735, 77th Legislative Session, 2001, which further amended
TEC §29.012.
Bill Campbell, deputy commissioner, Finance and Administration, has determined
that for each year of the first five year period that the amendments are in
effect, enforcing or administering the amendments does not have foreseeable
implications relating to costs or revenues of state or local government.
Barry Waller, director, Long Term Services and Supports, has determined
that for each year of the first five-year period the amendments are in effect,
the public benefit expected is better coordination of the free and appropriate
public education of individuals under 22 years of age living in residential
facilities. It is not anticipated that the amendments will have an adverse
economic effect on small businesses or micro-businesses because they do not
impose any measurable costs on residential facilities. It is not anticipated
that there will be an economic cost to persons required to comply with the
new sections. It is not anticipated that the new sections will affect a local
economy.
Written comments on the proposal may be sent to Linda Logan, director,
Policy Development, Texas Department of Mental Health and Mental Retardation,
P.O. Box 12668, Austin, Texas 78711-2668, within 30 days of publication.
The amendments are proposed under the Texas Health and Safety
Code, §532.015, which provides the Texas Mental Health and Mental Retardation
Board with broad rulemaking authority, and under TEC, §29.012, which
requires the department to adopt the MOU by rule.
The amendments will affect the Texas Education Code, §29.011.
§411.63.Interagency Coordination of Special Education Services to Students with Disabilities in Residential [ Care ] Facilities.
(a)
Texas Department of Mental Health and Mental Retardation
(TDMHMR) adopts by reference a rule of the Texas Education Agency (TEA) in
19 TAC §89.1115 (relating to Memorandum of Understanding Concerning Interagency
Coordination of Special Education Services to Students with Disabilities in
Residential [
Care
] Facilities).
(b)
The TEA rule contains the text of an MOU between TDMHMR,
TEA, Texas Department of Human Services, Texas Department of Health, Texas
Department of Protective and Regulatory Services, Texas Interagency Council
on Early Childhood Intervention, Texas Commission on Alcohol and Drug Abuse,
Texas Juvenile Probation Commission, and Texas Youth Commission. The MOU concerns
the provision of a free and appropriate education for school-age residents
of residential [
care
] facilities and
is required by the Texas
Education Code, §29.012(d)
[
was developed at the direction
of the Texas Senate Committee on Health and Human Services, 73rd Texas Legislature,
1993
].
(c)
Copies of the MOU are filed in the Office of Policy Development,
TDMHMR, 909 West 45th Street, Austin, Texas 78756, and may be reviewed during
regular business hours.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the
Secretary of State on January 28, 2002.
TRD-200200505
Andrew Hardin
Chair, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Earliest possible date of adoption: March 10, 2002
For further information, please call: (512) 206-5232