Part 2. TEXAS EDUCATION AGENCY
Subchapter AA. COMMISSIONER'S RULES CONCERNING THE PARTICIPATION OF LIMITED ENGLISH PROFICIENT STUDENTS IN STATE ASSESSMENTS
The Texas Education Agency (TEA) adopts amendments to §101.1007 and §101.1009, concerning participation of limited English proficient students in state assessments. The amendment to §101.1007 is adopted without changes to the proposed text as published in the February 8, 2008, issue of the Texas Register (33 TexReg 1065) and will not be republished. The amendment to §101.1009 is adopted with a non-substantive revision to the proposed text as published in the February 8, 2008, issue of the Texas Register. Section 101.1007 addresses limited English proficient students at grades other than the exit level. Section 101.1009 addresses limited English proficient students who receive special education services. The adopted amendments reflect clarifications on serving students who receive both special language and special education services to correspond with recent changes adopted in 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter BB, Commissioner's Rules Concerning State Plan for Educating Limited English Proficient Students. The adopted amendments also update references to state assessments to reflect recent changes in the state assessment program.
Amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter BB, Commissioner's Rules Concerning State Plan for Educating Limited English Proficient Students, adopted to be effective September 17, 2007, included clarification on serving students who receive both special language and special education services. The adopted amendments clarify that the admission, review, and dismissal (ARD) committee and language proficiency assessment committee (LPAC) shall work in conjunction in the testing and classification of students who are designated as limited English proficient (LEP) and receive special education services.
The adopted amendments to 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of Limited English Proficient Students in State Assessments, reflect the changes made in 19 TAC Chapter 89, Subchapter BB. In addition, the adopted amendments update references to state assessments to reflect recent changes in the state assessment program.
The adopted amendment to 19 TAC §101.1007, Limited English Proficient Students at Grades Other Than the Exit Level, includes a technical update in subsection (b)(1) to reference English language proficiency assessments in reading.
The adopted amendment to 19 TAC §101.1009, Limited English Proficient Students Who Receive Special Education Services, revises language in subsections (b) and (c) to clarify that the ARD committee and LPAC shall work in conjunction to make decisions regarding the selection of state assessments and testing accommodations for a LEP student served by special education to ensure that factors related to both the student's second language acquisition needs and disabling condition are considered. Guidance for meeting the requirement that the ARD committee and LPAC work in conjunction has been issued by the TEA Department of Standards and Programs. The adopted amendment also updates the reference to the state assessments in subsection (d) to reflect recent changes in the state assessment program.
In response to a public comment, TEA has made a non-substantive revision to §101.1009(c) for clarity and consistency.
The TEA has determined that the adopted amendments will have no adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
The public comment period began February 8, 2008, and ended March 9, 2008. Following is a summary of the public comment received and corresponding agency response regarding the proposed amendments to 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of Limited English Proficient Students in State Assessments.
Comment. Concerning §101.1009, Limited English Proficient Students Who Receive Special Education Services, an individual requested that the agency consider keeping the current policy in effect. The individual commented that requiring the inclusion of the entire LPAC would unduly burden the process, which currently includes input from a representative of the LPAC. In addition, the individual commented that the inclusion of the entire LPAC in the decision-making process might raise confidentiality concerns.
Agency Response. The TEA disagrees in part and agrees in part. The TEA disagrees that the current policy should remain in effect. It is necessary to revise §101.1009 to make clear that the ARD committee works in conjunction with the LPAC to reach decisions on assessment-related matters for LEP students who receive special education services just as the two committees work in conjunction in the testing and classification of these students under 19 TAC Chapter 89.
The TEA does agree, however, that concerns expressed in the individual's comment are legitimate, and the TEA Department of Standards and Programs has issued guidance to respond to these concerns. According to the guidance issued, key members of the ARD committee and key members of the LPAC are to collaborate in considering the needs of the students. Recommendations from these collaborative efforts are presented by key members of the LPAC and are discussed at ARD committee meetings. This guidance responds both to the concern about the inclusion of the entire LPAC and the concern about confidentiality. The TEA has made a non-substantive revision to §101.1009(c) since published as proposed to ensure consistency between the language of the rule and the language of the guidance issued. Specifically, language was updated to reflect that the ARD committee would work in conjunction with the LPAC.
The amendments are adopted under the Texas Education Code, §39.023, which authorizes the commissioner of education to adopt rules concerning the exemption of limited English proficient students from the administration of assessment instruments.
The amendments implement the Texas Education Code, §39.023.
§101.1009.Limited English Proficient Students Who Receive Special Education Services.
(a) The provisions of this subchapter apply to limited English proficient (LEP) students who receive special education services except as otherwise specified in this section.
(b) The admission, review, and dismissal (ARD) committee in conjunction with the language proficiency assessment committee (LPAC) shall make decisions regarding the selection of assessments and appropriate accommodations for LEP students who receive special education services.
(c) A LEP student who receives special education services may be exempted from the English language proficiency assessments required by §101.1001 of this title (relating to English Language Proficiency Assessments) only if the ARD committee in conjunction with the LPAC determines that these assessments cannot provide a meaningful measure of the student's annual growth in English language proficiency for reasons associated with the student's disability.
(d) The provisions of §101.1007(b) and (c) of this title (relating to Limited English Proficient Students at Grades Other Than the Exit Level) apply to the state's general and alternate assessments of academic skills.
(e) A LEP student who receives special education services and whose parent or guardian has declined the services required by the Texas Education Code, Chapter 29, Subchapter B, is not eligible for an exemption on the basis of limited English proficiency.
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 April 21, 2008.
TRD-200802066
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: May 11, 2008
Proposal publication date: February 8, 2008
For further information, please call: (512) 475-1497
Subchapter BB. COMMISSIONER'S RULES CONCERNING GENERAL PROVISIONS FOR HEALTH AND SAFETY
The Texas Education Agency (TEA) adopts new §103.1101, concerning automated external defibrillator (AED) reimbursement. The new section is adopted without changes to the proposed text as published in the March 7, 2008, issue of the Texas Register (33 TexReg 1949) and will not be republished. The adopted new section implements requirements of the Texas Education Code (TEC), §38.017, added by Senate Bill 7, and the General Appropriations Act, House Bill 1, 80th Texas Legislature, 2007.
TEC, §38.017, Availability of Automated External Defibrillator, requires each school district and open-enrollment charter school to make an AED device available on each campus. The General Appropriations Act, Article IX, Section 19.86, 2007, authorizes the commissioner of education to adopt rules as necessary to implement a program to reimburse school districts and open-enrollment charter schools for costs associated with the purchase of AED devices. Accordingly, the commissioner exercises rulemaking authority to address provisions relating to the reimbursement program for AED devices. Adopted new 19 TAC §103.1101 establishes the following procedures relating to AED reimbursements.
Subsection (a) specifies that a campus that demonstrates priority and need will be reimbursed for one AED device. Each campus that did not have an AED device as of June 1, 2007, will be reimbursed for one AED device per campus that was purchased between June 1, 2007, and June 30, 2008. The subsection also sets forth the definition of "campus" for the purpose of AED reimbursement and establishes priority and need.
Subsection (b) adopts in rule the reimbursement application form that must be submitted to the TEA and establishes that applicants for reimbursement must include verification of the AED device purchase.
Subsection (c) specifies that each reimbursement will be for the actual amount paid for the AED device or a maximum of $1,475, whichever is less.
Subsection (d) establishes that the availability of funds after reimbursements are made to school districts and open-enrollment charter schools will determine whether reimbursements will be made to private schools.
Subsection (e) clarifies that any donated AED device or AED device purchased with funds donated for such purchase is ineligible for reimbursement.
No changes were made to the AED reimbursement application form adopted as rule since published as proposed.
The TEA has determined that the adopted new section will have no adverse economic impact to small businesses or microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
The public comment period began on March 7, 2008, and ended April 6, 2008. Following is a summary of public comments received and corresponding agency responses regarding the proposed new 19 TAC Chapter 103, Health and Safety, Subchapter BB, Commissioner's Rules Concerning General Provisions for Health and Safety, §103.1101, Automated External Defibrillator (AED) Reimbursement.
Comment. Concerning the AED purchase date requirement of June 1, 2007 - June 30, 2008, the assistant superintendent for personnel and auxiliary services of the Nederland Independent School District (ISD) requested that the program be expanded to include districts that purchased AED devices prior to June 1, 2007.
Agency Response. The agency disagrees and has maintained language as published as proposed. The General Appropriations Act, House Bill 1, 80th Texas Legislature, 2007, allocated not more than $9 million to the TEA in fiscal year 2008 to reimburse school districts and open-enrollment charter schools for costs associated with the purchase of AED devices, giving funding priority based on greatest need. The AED reimbursement program was contingent upon the passage of Senate Bill 7, 80th Texas Legislature, 2007. Senate Bill 7 was passed and took immediate effect in June 2007. The agency cannot reimburse AED expenditures prior to June 2007, when the program was created. The agency determined that it could conclude that AED devices purchased after June 1, 2007, were purchased in response to Senate Bill 7, now codified as TEC, §38.017.
Comment. The executive director of operations at Rockwall ISD commented in support of the proposal.
Agency Response. The agency agrees.
The new section is adopted under the General Appropriations Act, House Bill 1, 80th Texas Legislature, 2007, Article IX, Section 19.86, which authorizes the commissioner of education to adopt rules as necessary to implement a program to reimburse school districts and open-enrollment charters for costs associated with the purchase of AED devices.
The proposed new section implements the General Appropriations Act, House Bill 1, 80th Texas Legislature, 2007, Article IX, Section 19.86, and Texas Education Code, §38.017.
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 April 21, 2008.
TRD-200802067
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: May 11, 2008
Proposal publication date: March 7, 2008
For further information, please call: (512) 475-1497