ADOPTED RULES
An agency may take final action on a section 30 days after a proposal has been 
published in the Texas Register. The section becomes effective 20 days after the 
agency files the correct document with the Texas Register, unless a later date 
is specified or unless a federal statute or regulation requires implementation 
of the action on shorter notice.
If an agency adopts the section without any changes to the proposed text, only 
the preamble of the notice and statement of legal authority will be published. 
If an agency adopts the section with changes to the proposed text, the proposal 
will be republished with the changes.

TITLE 1. ADMINISTRATION
PART V. General Services Commission
CHAPTER 125.Travel and Transportation Division
The General Services Commission adopts amendments to sec.sec.125.3, 125.41, 
125.45, and 125.47, concerning the State Vehicle Fleet Management Program and, 
amendments to sec.sec.125.63, 125.67, and 125.69, concerning the Texas 
Alternative Fuels Program. The amendments are adopted without changes to the 
proposed text as published in the June 11, 1996, issue of the Texas Register (21 
TexReg 5222) and the text will not be republished. 
The adopted amendments will clarify the services provided by the Vehicle Fleet 
Management and Alternative Fuels Programs. 
The adopted amendments to sec.sec.125.3, 125.41, 125.45,125.47, 125.63, 125.67 
and 125.69, will delete obsolete language, update definitions, and delineate 
certain additional information to be reported by state agencies in support of 
the Vehicle Fleet Management System, should such information be available. 
No comments were received regarding the adoption of amendments.

Travel Management Services
1 TAC sec.125.3
The amendments are proposed under Texas Government Code, Title 10, Subtitle D, 
Chapter 2171, which provides the General Services Commission with authority to 
promulgate rules consistent with the Code. 
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. 
Issued in Austin, Texas, on July 15, 1996.
TRD-9610148
David Ross Brown
Assistant General Counsel
General Services Commission 
Effective date: August 5, 1996
Proposed publication date: June 11, 1996 
For further information please call: (512) 463-3960

State Vehicle Fleet Management
1 TAC sec.sec.125.41, 125.45, and 125.47
The amendments are adopted under Texas Government Code, Title 10, Subtitle D, 
Chapter 2171, which provides the General Services Commission with authority to 
promulgate rules consistent with the Code. 
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. 
Issued in Austin, Texas, on July 15, 1996.
TRD-9610149
David Ross Brown
Assistant General Counsel
General Services Commission 
Effective date: August 5, 1996
Proposed publication date: June 11, 1996 
For further information please call: (512) 463-3960

Texas Alternative Fuels Program
1 TAC sec.sec.125.63, 125.67, 125.69
The amendments are adopted under Texas Government Code, Title 10, Subtitle D, 
Chapter 2171, which provides the General Services Commission with authority to 
promulgate rules consistent with the Code. 
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. 
Issued in Austin, Texas, on July 15, 1996.
TRD-9610150
David Ross Brown
Assistant General Counsel
General Services Commission 
Effective date: August 5, 1996
Proposed publication date: June 11, 1996 
For further information please call: (512) 463-3960

PART XII. Advisory Commission on State Emergency Communications 
CHAPTER 251.Finance
1 TAC sec.251.6
The Advisory Commission on State Emergency Communications adopts amendments to 
sec.251.6, without changes to the proposed text as published in the March 19, 
1996, issue of the Texas Register (21 TexReg 2085). 
The changes were adopted to better utilize a standardized and streamlined method 
for Regional Councils of Governments (COGs) in their 9-1-1 planning process by 
providing them more authority to manage 9-1-1 regional plans with available 
funding resources; and streamline the 9-1-1 regional and strategic planning 
process. 
The rule provides COGs more authority to manage 9-1-1 regional plans with 
available funding resources; and streamline the 9-1-1 regional and strategic 
planning process. 
Comments were received from the Capital Area Planning Council, South Texas 
Development Council, Golden Crescent Regional Planning Commission, Lower Rio 
Grande Valley Development Council, and Dictaphone requesting the removal of 
pricing caps on recording equipment. All comments received were directed at 
portions of the rule, sections (e)-(h), that were published with no change. The 
Commission concluded that since those comments were not relevant to the proposed 
changes, those comments should not be considered for adoption in this rule 
making because the public would not be given a fair opportunity to comment on 
those changes.
The amendment is adopted under the Health and Safety Code, Chapter 771, 
Subchapters C and D; and, the Texas Administrative Code, Part XII, Chapter 251, 
Regional Plans and Standards.
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. 
Issued in Austin, Texas, on July 17, 1996.
TRD-9610347
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications 
Effective date: August 7, 1996
Proposed publication date: March 19, 1996 
For further information please call: (512) 305-6911

TITLE 19. EDUCATION
PART II. Texas Education Agency
CHAPTER 66. State Adoption and Distribution of Instructional Materials
The Texas Education Agency (TEA) adopts new sec.sec.66.1, 66.4, 66.7, 66.10, 
66.21, 66.24, 66.27, 66.30, 66.33, 66.36, 66.39, 66.42, 66.45, 66.48, 66.51, 
66.54, 66.57, 66.60, 66.63, 66.66, 66.69, 66.72, 66.75, 66.78, 66.101, 66.104, 
66.107, 66.121, 66.124, and 66.131, concerning state review, adoption, and 
distribution of instructional materials adopted under Proclamation 1995. 
Sections 66.4, 66.33, 66.45, 66.66, and 66.69 are adopted with changes to the 
proposed text as published in the May 17, 1996, issue of the Texas Register (21 
TexReg 4294). Sections 66.1, 66.7, 66.10, 66.21, 66.24, 66.27, 66.30, 66.36, 
66.39, 66.42, 66.48, 66.51, 66.54, 66.57, 66.60, 66.63, 66.72, 66.75, 66.78, 
66.101, 66.104, 66.107, 66.121, 66.124, and 66.131 are adopted without changes 
and will not be republished.
Instructional materials scheduled for adoption in 1996 under Proclamation 1994 
will be reviewed and adopted under Chapter 12 of the former Texas Education Code 
and 19 TAC Chapter 67. However, Chapter 67 will expire on May 1, 1997. Proposed 
new 19 TAC Chapter 66 implements the new Texas Education Code, Chapter 31, which 
impacts adoption activities to be conducted under Proclamation 1995, adopted by 
the State Board of Education (SBOE) in November 1995. The rules are necessary to 
help ensure that students have access to quality instructional materials. 
Under Senate Bill 1, a rule adopted by the SBOE normally does not take effect 
until the beginning of the school year that begins at least 90 days after the 
date the rule is adopted. However, the Bill provides that a board rule may take 
effect earlier under certain circumstances. The SBOE, by an affirmative vote of 
at least two-thirds of the board members, proposes an earlier effective date of 
September 1, 1996. The earlier date is necessary to ensure that publishers 
already developing instructional materials under Proclamation 1995 are confident 
of the rules under which they will be operating. The following changes have been 
made since the new sections were published as proposed. 
In sec.66.4, language was deleted from subsection (a) to eliminate the 
requirement that SBOE members keep registers of contact with publishers or their 
representatives. This change does not affect the requirement that publishers or 
agency staff keep such registers. 
In sec.66.33, language was changed subsection (a) to allow for more SBOE input 
in selection and appointment of state review panel members. The section now 
specifies that each appointment by the commissioner of education to a state 
review panel is made with the advice and consent of the SBOE member whose 
district is to be represented. 
Two changes were made to sec.66.45(a). As proposed, the no-contact period for 
state review panel members would not have ended until instructional materials 
had been adopted or rejected by the SBOE. New language was added to end the no-
contact period after the panels' recommendations are made to the commissioner of 
education. This allows the SBOE to discuss instructional materials with panel 
members before the scheduled adoption. 
The second change relates to contacts instigated by state review panel members. 
Publishers, petitioners, or other parties interested in the adoption of 
instructional materials under review are not allowed to contact state review 
panel members. However, state textbook committee members have, in the past, been 
allowed to ask for advice or input from fellow teachers or other experts in the 
field. Language was added to clarify the provisions permitting contact with SBOE 
members that is initiated by a state review panel member. 
In sec.66.66, new subsection (c)(4)(B) was added to clarify the general content 
requirements for instructional materials. This change is discussed more fully 
later in the public comments section of the preamble. 
In sec.66.69, language was added to require publishers to label packages of 
ancillary materials "Ancillary Materials -- Not Reviewed by the State Board of 
Education." Several members of the SBOE expressed concern that schools might 
otherwise confuse instructional materials reviewed and adopted by the SBOE with 
free ancillary materials that have not been reviewed or approved at the state 
level. 
The following comments have been received regarding adoption of the new 
sections. 
Comment. Several individuals asked that general content requirements contained 
in 19 TAC sec.67.7 be included in new Chapter 66. 
Agency Response. The new Texas Education Code, Chapter 31, provides that 
instructional material must meet manufacturing standards, must meet essential 
knowledge and skills adopted by the SBOE, and must be free of factual errors. 
During a meeting between members of the legislature, the SBOE, and the 
commissioner of education, it was agreed that a fourth requirement falls within 
the intent of the new Texas Education Code, sec.28.002(h). A requirement that 
state review panel members "as appropriate to a subject area and/or grade level, 
ascertain that instructional materials submitted for adoption do not contain 
content that clearly conflicts with the stated purpose of the Texas Education 
Code, sec.28.002(h)" was added to the proposed rules. 
In addition, the SBOE incorporated general content requirements in proposed new 
sec.66.66. These requirements, as specified in sec.66.66(c)(4)(B), will take 
effect 20 days following publication in the Texas Register of a notice that the 
SBOE has determined that an Attorney General's opinion has been issued finding 
that the provisions of subparagraph (B) are within the rulemaking authority of 
the SBOE. However, sec.66.66(c)(4)(B) shall not take effect before September 1, 
1996. 
Comment. Several individuals commented in support of the new sections. 

SUBCHAPTER A. General Provisions
19 TAC sec.sec.66.1, 66.4, 66.7, 66.10
The new rules are adopted under the Texas Education Code, sec.31.003, which 
authorizes the State Board of Education to adopt rules, consistent with the 
Texas Education Code, Chapter 31, for the adoption, requisition, distribution, 
care, use, and disposal of textbooks.

sec.66.4. Requirement for Registers. 
(a) A register shall be kept by the commissioner of education and appropriate 
staff of the Texas Education Agency (TEA) to record: all personal contacts with 
publishers, their representatives, agents, authors, consultants, editors, 
depositories, or any other person who has received or expects to receive any 
money, thing of value, or financial benefit for an appearance; or contact 
regarding any instructional materials submitted and being considered for SBOE 
approval. 
(b) Publishers shall file with the commissioner of education, on or before a 
date specified in the schedule for the adoption process, a register indicating 
all visits, meetings, or contacts with SBOE members, including the date, time, 
location, and purpose of the communication.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610518
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 1, 1996
Proposal publication date: May 17, 1996
For further information, please call: (512) 463-9701

SUBCHAPTER B. State Adoption of Instructional Material
19 TAC sec.sec.66.21, 66.24, 66.27, 66.30, 66.33, 66.36, 66.39, 66.42, 66.45, 
66.48, 66.51, 66.54, 66.57, 66.60, 66.63, 66.66, 66.69, 66.72, 66.75, 66.78
The new rules are adopted under the Texas Education Code, sec.31.003, which 
authorizes the State Board of Education to adopt rules, consistent with the 
Texas Education Code, Chapter 31, for the adoption, requisition, distribution, 
care, use, and disposal of textbooks.

sec.66.33. State Review Panels: Appointment. 
(a) The commissioner of education shall: determine the number of review panels 
needed to review instructional materials under consideration for adoption, 
determine the number of persons to serve on each panel, and determine the 
criteria for selecting panel members. Each appointment to a state review panel 
shall be made by the commissioner of education with the advice and consent of 
the State Board of Education (SBOE) member whose district is to be represented. 
(b) The commissioner of education shall solicit recommendations for possible 
appointees to state review panels from the State Board of Education (SBOE), 
school districts, open-enrollment charter schools, and educational organizations 
in the state. Recommendations may be accepted from any Texas resident. 
Nominations shall not be made by or accepted from any publishers; authors; 
depositories; agents for publishers, authors, or depositories; or any person who 
holds any official position with a publisher, author, depository, or agent. 
(c) The SBOE shall be notified of appointments made by the commissioner of 
education to state review panels. 
(d) Members of a state review panel may be removed at the discretion of the 
commissioner of education. 

sec.66.45. State Review Panels: No-Contact Periods.
(a) State review panel members shall observe a no-contact period that shall 
begin with the initial communication regarding possible appointment to a state 
review panel and end after recommendations have been made to the commissioner of 
education that each submission assigned to be evaluated by the state review 
panel be placed on the conforming list, nonconforming list, or rejected. During 
this period, state review panel members shall not be contacted either directly 
or indirectly by any person having an interest in the adoption process regarding 
content of instructional materials under evaluation by the panel. This 
restriction is not intended to prohibit members of the state review panels from 
seeking advice regarding materials under consideration from the State Board of 
Education (SBOE). 
(b) State review panel members shall report immediately to the commissioner of 
education any communication or attempted communication by any person regarding 
instructional materials being evaluated by the panel.
(c) State review panel members shall not discuss content of instructional 
materials under consideration with any subject area staff member of the Texas 
Education Agency (TEA), except during the official orientation meeting. 
Additional requests for information or clarification shall be directed to the 
commissioner of education or his designee. Copies of all questions from 
individual members shall be distributed with responses to all members of the 
appropriate state review panel. This restriction is not intended to prohibit 
members of the state review panels from contacting designated staff of the TEA 
regarding adoption procedures. 

sec.66.66. Consideration and Adoption of Instructional Materials by the State 
Board of Education. 
(a) Publishers shall file the following documents with the commissioner of 
education according to the schedule for the adoption process:
(1) three copies of the official bid form; and 
(2) appropriate proof of authority to do business in the State of Texas. 
(b) A committee of the State Board of Education (SBOE) shall be designated by 
the SBOE chair to review the commissioner's report concerning instructional 
materials recommended for state adoption. The committee shall report the results 
of its review to the SBOE. 
(c) By a vote of a majority of the SBOE, the SBOE shall adopt a list of 
conforming instructional materials and a list of nonconforming instructional 
materials under the Texas Education Code, sec.31.023 and sec.31.024. 
Instructional materials may be rejected for: 
(1) failure to meet essential knowledge and skills specified in the 
proclamation. In determining the percentage of elements of the essential 
knowledge and skill covered by instructional materials, each performance 
description shall count as an independent element of the essential knowledge and 
skills of the subject; 
(2) failure to meet established manufacturing standards and specifications 
recognized by the SBOE; 
(3) failure to correct errors of fact; or 
(4) content that clearly conflicts with the stated purpose of the Texas 
Education Code, sec.28.002(h). 
(A) The effective date of subparagraph (B) of this paragraph is 20 days 
following publication in the Texas Register of a notice that the SBOE has 
determined that an Attorney General's opinion has been issued finding that the 
provisions of subparagraph (B) of this paragraph are within the rulemaking 
authority of the SBOE; provided, however, that the effective date of 
subparagraph (B) of this paragraph shall in no event be prior to September 1, 
1996. 
(B) In order to prevent a conflict such as that described in paragraph (4) of 
this subsection, adopted instructional materials (textbooks) must adhere to the 
following content requirements and limitations as appropriate to the category in 
which the materials are adopted. 
(i) Instructional materials shall present the most current factual information 
accurately and objectively without editorial opinion or bias by the authors. 
Theories shall be clearly distinguished from fact and presented in an objective 
educational manner. 
(ii) Instructional materials shall promote citizenship, patriotism, 
understanding of the essentials and benefits of the free enterprise system, 
respect for recognized authority, and respect for individual rights. The 
materials shall not include selections or works that encourage or condone civil 
disorder, social strife, or disregard of the law. Violence, if it appears, shall 
be treated in the context of its cause and consequence. It shall not appear for 
reasons of unwholesome excitement or sensationalism. 
(I) Instructional materials shall present positive aspects of the United States 
and its heritage. 
(II) When significant political or social movements in history generate 
contrasting points of view, instructional materials shall present balanced and 
factual treatment of the positions. 
(III) Free enterprise means an economic system characterized by private or 
corporate ownership of capital goods; investments that are determined by private 
decision rather than by state control; and prices, production, and the 
distribution of goods that are determined in a free market. 
(iii) Instructional materials shall not include blatantly offensive language or 
illustrations. 
(iv) Instructional materials shall treat divergent groups fairly without 
stereotyping and reflect the positive contribution of all individuals and groups 
to the American way of life. Illustrations and written materials shall avoid 
bias toward any particular group or individual and present a wide range of goal 
choices. Particular care should be taken in the treatment of ethnic groups, 
issues related to the aging and aged, roles of men and women, the dignity of 
workers, and respect for the work ethic. 
(I) Instructional materials shall not encourage life-styles deviating from 
generally accepted standards of society. 
(II) Instructional materials shall provide an objective view of cultural 
confluence and include information needed to develop mutual understanding and 
respect among all elements of our population. Materials shall reflect an 
awareness that culture and language variation does exist and can be used to 
promote successful learning. 
(III) Instructional materials shall present examples of men and women 
participating in a variety of roles and activities and also shall present the 
economic, political, social, and cultural contributions of men and women, past 
and present. 
(IV) Instructional materials that treat aspects of the world of work should 
reflect the positive contributions of all types of careers to the American 
economic system and way of life. People presented should reflect varieties of 
work and be treated without bias toward particular kinds of work. 
(V) Instructional materials shall present traditional and contemporary roles of 
men, women, boys, and girls. 
(VI) Instructional materials shall present balanced treatment of issues related 
to aging and the aged. 
(d) The SBOE may allow a publisher to withdraw from the adoption process after 
the date specified in the proclamation due to recommended placement on a 
conforming or nonconforming list, manufacturing specifications required as a 
condition of adoption by the SBOE that the publisher states cannot be met, or 
failure to agree to make corrections required by the SBOE.

sec.66.69. Ancillary Materials. 
A publisher of adopted instructional materials shall provide any ancillary item 
free of charge to the same extent that the publisher provides the item free of 
charge to any state, public school, or school district in the United States. The 
title of each ancillary item that a publisher will make available to school 
districts at no charge and the ratio at which each item shall be supplied shall 
be filed with the Texas Education Agency (TEA) according to the schedule 
contained in the proclamation. Publishers are prohibited from providing school 
districts with ancillary materials not listed. All packages of ancillary 
materials shipped to school districts shall be labeled, "Ancillary Materials -- 
Not Reviewed by the State Board of Education." 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610519
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 1, 1996
Proposal publication date: May 17, 1996
For further information, please call: (512) 463-9701

SUBCHAPTER C. Local Operations
19 TAC sec.sec.66.101, 66.104, 66.107
The new rules are adopted under the Texas Education Code, sec.31.003, which 
authorizes the State Board of Education to adopt rules, consistent with the 
Texas Education Code, Chapter 31, for the adoption, requisition, distribution, 
care, use, and disposal of textbooks. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610521
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 1, 1996
Proposal publication date: May 17, 1996
For further information, please call: (512) 463-9701

SUBCHAPTER D. Special Instructional Materials
19 TAC sec.66.121, sec.66.124
The new rules are adopted under the Texas Education Code, sec.31.003, which 
authorizes the State Board of Education to adopt rules, consistent with the 
Texas Education Code, Chapter 31, for the adoption, requisition, distribution, 
care, use, and disposal of textbooks.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610522
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 1, 1996
Proposal publication date: May 17, 1996
For further information, please call: (512) 463-9701

SUBCHAPTER E. Disposition of Instructional Materials
19 TAC sec.66.131
The new rules are adopted under the Texas Education Code, sec.31.003, which 
authorizes the State Board of Education to adopt rules, consistent with the 
Texas Education Code, Chapter 31, for the adoption, requisition, distribution, 
care, use, and disposal of textbooks. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610523
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 1, 1996
Proposal publication date: May 17, 1996
For further information, please call: (512) 463-9701

CHAPTER 74. Curriculum Requirements
SUBCHAPTER C. Other Provisions
19 TAC sec.74.24
The Texas Education Agency (TEA) adopts new sec.74.24, concerning credit by 
examination, with changes to the proposed text as published in the May 17, 1996, 
issue of the Texas Register (21 TexReg 4302). The section establishes 
requirements and procedures related to advancing a student without the benefit 
of direct instruction. It provides guidelines under which a school district must 
develop or select exams for this purpose. The new section is adopted as part of 
the sunset review process mandated by Senate Bill 1, 74th Texas Legislature, 
1995, and will allow more students the opportunity to accelerate grade or course 
levels. Under Senate Bill 1, a rule adopted by the State Board of Education 
normally does not take effect until the beginning of the school year that begins 
at least 90 days after the date the rule is adopted. However, the Bill provides 
that a board rule may take effect earlier under certain circumstances. The State 
Board of Education, by an affirmative vote of at least two-thirds of the board 
members, proposes an earlier effective date of September 1, 1996. The earlier 
date is necessary so school districts can adequately plan for the 1996-1997 
school year. 
In sec.74.24(a)(2), an editorial change was made to clarify whether a school 
district is able to charge for an exam for acceleration. 
Numerous individuals have commented on the proposed new section, expressing 
concern about possible fiscal implications associated with an exam for 
acceleration. In the past, a school district could charge a fee for the exam up 
to a limit set by the commissioner of education. Now, under the Texas Education 
Code, sec.11.158(b)(7), a school district may not charge a fee for the 
examination. In addition, various individuals expressed concern about the name 
of the program ("credit by examination"), as it corresponds to another program 
previously included in 19 TAC Chapter 75. Under old sec.75.166, a student having 
prior formal instruction in a course without receiving credit could take the 
credit by examination and receive credit. 
The new section is adopted under the Texas Education Code, sec.28.023, which 
authorizes the State Board of Education to develop guidelines under which a 
school district must develop or select examinations for student acceleration.

sec.74.24. Credit by Examination. 
(a) General provisions. 
(1) A school district must provide at least three days between January 1 and 
June 30 and three days between July 1 and December 31 annually when examinations 
for acceleration required under Texas Education Code, sec.28.023, shall be 
administered in Grades 1-12. The days do not need to be consecutive but must be 
designed to meet the needs of all students. The dates must be publicized in the 
community. 
(2) A school district shall not charge for an exam for acceleration. If a parent 
requests an alternative examination, the district may administer and recognize 
results of a test purchased by the parent or student from Texas Tech University 
or the University of Texas at Austin.
(3) A school district must have the approval of the district board of trustees 
to develop its own tests or to purchase examinations that thoroughly test the 
essential knowledge and skills in the applicable grade level or subject area. 
(4) A school district may allow a student to accelerate at a time other than one 
required in paragraph (1) of this subsection by developing a cost-free option 
approved by the district board of trustees that allows students to demonstrate 
academic achievement or proficiency in a subject or grade level. 
(b) Assessment for acceleration in kindergarten through Grade 5. 
(1) A school district must develop procedures for kindergarten acceleration that 
are approved by the district board of trustees. 
(2) A student in any of Grades 1-5 must be accelerated one grade if he or she 
meets the following requirements. 
(A) The student scores 90% on a criterion-referenced test for the grade level he 
or she wants to skip in each of the following areas: language arts, mathematics, 
science, and social studies. 
(B) A school district representative recommends that the student be accelerated. 
(C) The student's parent or guardian gives written approval for the 
acceleration. 
(c) Assessment for course credit in Grades 6-12. 
(1) A student in any of Grades 6-12 must be given credit for an academic subject 
in which he or she has had no prior instruction if the student scores 90% on a 
criterion-referenced test for the applicable course.
(2) If a student is given credit in a subject on the basis of an examination, 
the school district must enter the examination score on the student's 
transcript.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610524
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 1, 1996
Proposal publication date: May 17, 1996
For further information, please call: (512) 463-9701

CHAPTER 89. Adaptations for Special Populations
SUBCHAPTER AA. Special Education Services
The Texas Education Agency (TEA) adopts new sec.sec.89.1001, 89.1011, 89.1015, 
89.1020, 89.1025, 89.1030, 89.1035, 89.1040, 89.1045, 89.1050, 89.1055, 89.1060, 
89.1065, 89.1070, 89.1075, 89.1080, 89.1085, 89.1090, 89.1095, 89.1100, 89.1105, 
89.1110, 89.1121, 89.1125, 89.1131, 89.1141, 89.1151, 89.1155, 89.1160, 89.1165, 
89.1170, 89.1175, 89.1180, 89.1185, and 89.1190, concerning special education 
services. Sections 89.1011, 89.1035, 89.1040, 89.1050, 89.1055, 89.1085, 
89.1105, 89.1121, 89.1131, and 89.1170 are adopted with changes to the proposed 
text as published in the February 27, 1996, issue of the Texas Register (21 
TexReg 1449). Sections 89.1001, 89.1015, 89.1020, 89.1025, 89.1030, 89.1045, 
89.1060, 89.1065, 89.1070, 89.1075, 89.1080, 89.1090, 89.1095, 89.1100, 89.1110, 
89.1125, 89.1141, 89.1151, 89.1155, 89.1160, 89.1165, 89.1175, 89.1180, 89.1185, 
and 89.1190 are adopted without changes and will not be republished. 
The new sections clarify federal regulations and state statutes pertaining to 
delivering special education services to students with disabilities. In 
addition, the sections establish definitions, requirements, and procedures 
related to: interagency agreements, distribution and expenditure of state funds, 
personnel issues, regional education service center (ESC) special education 
programs and services, and hearings under the Individuals with Disabilities 
Education Act. The sections will increase school district flexibility with 
regard to providing special education services. The new sections are proposed as 
part of the sunset review process mandated by Senate Bill 1, 74th Texas 
Legislature, 1995. 
The following changes have been made since the new sections were published as 
proposed. 
In sec.89.1011, the words "in writing" were deleted to ensure consistency with 
state statute relating to referral for assessment. 
In sec.89.1035, language was changed to clarify age ranges for student 
eligibility. 
In sec.89.1040, the title for subsection (h) was changed to "Emotional 
Disturbance" in response to public comment. 
In sec.sec.89.1050(b) and 89.1055(b), editorial changes were made to clarify the 
rule. 
In response to public comment, language was changed in sec.89.1050(c) to clarify 
which teacher should attend an admission, review, and dismissal committee 
meeting. 
In sec.89.1050(f), language was added to clarify the responsibility of the local 
school district relating to discipline of students with disabilities. In 
sec.89.1055, language was changed in subsections (c) and (d) to clarify the rule 
and to ensure district accountability. 
In sec.89.1085, language was changed in subsection (c) to ensure consistency 
with 19 TAC sec.89.62. 
In sec.89.1105, language was added to establish an expiration schedule for this 
section to ensure consistency with the Texas Education Code, sec.29.012. In 
sec.89.1121, language was added to subsection (g) to include students served in 
regional day school programs. 
The following changes were made in sec.89.1131. In subsection (b), language was 
added to outline the conditions under which certain teachers are employed to 
serve students with disabilities. Language was added to subsection (c) to allow 
a paraprofessional to serve as a job coach. New subsection (d) was added to 
allow paraprofessionals, including aides, to serve as teacher assistants. 
Subsection (d) will expire August 31, 1997. This expiration date is due to the 
possibility that the pending reauthorization of the Individuals with 
Disabilities Education Act (IDEA) could result in changes to federal standards 
for the use of paraprofessionals, including aides. 
In sec.89.1170, language was added to subsection (b) to allow the hearing 
officer to use sanctions as necessary to maintain an orderly hearing process. 
The following comments have been received regarding adoption of the new 
sections. 
Comment. Individuals representing the Partners Resource Network, members of the 
Parent Training and Information Project, a parent advocate with Life for Kids, 
the president of the Fort Worth/Mid-Cities Chapter of the Autism Society of 
America, a representative from the Family to Family Network, a representative 
from a foster home in Wichita Falls, the director of social services of the 
Texas Tech Clinics in Amarillo, and numerous individuals request that the 
commissioner of education adopt the previously repealed State Board of Education 
(SBOE) rules for special education. They believe that students with disabilities 
will not receive appropriate services if the rules are reduced or replaced. 
Agency Response. The agency disagrees in part with this public comment. These 
rules support the intent of Senate Bill 1 for local control and deregulation. 
During the development and review of the proposed rules, many sections were 
taken from the repealed SBOE rules. 
Comment. An individual representing the Texas Educational Diagnosticians 
Association, a representative from the Texas Association of School Boards 
(TASB), a school board member from Laredo, the directors of special education 
from Education Service Center (ESC) Region IX school districts, and several 
individuals support the proposed commissioner's rules. 
Agency Response. The agency agrees with the comment. 
Comment. An individual representing the Partners Resource Network, a member of 
the Parent Training and Information Project from Marshall, an individual 
representing the Texas Planning Council for Developmental Disabilities, a 
representative from the Association for Retarded Citizens (ARC) of Texas, an 
individual representing Advocacy, Inc., an individual representing the Learning 
Disabilities Association of Texas, an individual representing the board for 
Learning Disabilities Association of El Paso, the program director for the Deaf 
and Hard of Hearing from the Valley Association for Independent Living, the 
president of the Texas Association of School Psychologists, the governmental 
relations counsel representing the Association of Texas Professional Educators, 
an associate professor from Southwest Texas State University, the president of 
the Learning Disabilities Association of Texas, the president of the Texas 
Advocates for Special-needs Kids (TASK) of Austin, the director of the 
Disability Policy Consortium, and several individuals request that the 
commissioner of education develop and adopt a rule that implements the Texas 
Education Code (TEC), sec.29.010, relating to parental input during compliance 
monitoring visits of the local school district. 
Agency Response. The agency disagrees with this public comment. The TEC, 
sec.29.010(b), relating to compliance, requires that, to complete the 
inspection, the agency must obtain information from parents of students in 
special education programs in the district. The agency will directly collect 
this information or will require school districts to collect this information as 
a part of the local/self evaluation component of the statewide monitoring 
system. Comment. A member of the public and an individual representing the 
Learning Disabilities Association of Texas request that the commissioner of 
education develop and adopt a rule that describes special education professional 
support personnel's job functions and responsibilities. 
Agency Response. The agency disagrees with this public comment. Job functions 
and responsibilities are local issues and should be determined by the local 
school district. 
Comment. An individual requests that the commissioner of education develop and 
adopt rules that state all related services and the personnel qualified to 
provide each service. 
Agency Response. The agency disagrees with this public comment. Related services 
are listed in part within the federal regulations, and the qualifications of the 
individuals that provide the services are addressed by the certifying agency. 
Comment. The regional director for the Texas Commission for the Blind in Dallas, 
a representative of the Partners Resource Network, the director of special 
education from Katy ISD, three individuals representing Schools Are For 
Everyone, a case manager from LIFE for Kids of Lubbock, the governmental 
relations counsel representing the Association of Texas Professional Educators, 
an individual representing the special education advisory committee from Fort 
Worth ISD, a representative of the Parent Advisory Committee from Katy ISD, the 
president from the Family to Family Network, Houston, and several individuals 
request the commissioner of education adopt a rule that states that students 
with disabilities are educated in the regular classroom with their nondisabled 
peers. 
Agency Response. The agency disagrees with this public comment. This issue is 
addressed in 34 Code of Federal Regulations (CFR), sec.sec.300.550-300.553, 
relating to least restrictive environment determined on an individual student 
basis. 
Comment. The co-director of the Partners Resource Network, a member of the 
Parent Training and Information Project, the director of special education for 
Katy ISD, an individual representing the Texas Planning Council for 
Developmental Disabilities, individuals representing Schools Are For Everyone, 
an individual representing the Texas Pediatric Society, a case manager from LIFE 
for Kids of Lubbock, the program coordinator representing the ARC of McLennan 
County, an individual representing the special education advisory committee from 
Fort Worth ISD, the chair of the Interagency Council on Autism and Pervasive 
Disabilities Disorders (PDD), the director of social services of the Texas Tech 
Clinics in Amarillo, a representative of the Parent Advisory Committee from Katy 
ISD, the president of the Family to Family Network of Houston, and several 
individuals request that the commissioner of education adopt a rule that allows 
the regular teacher to attend admission, review, and dismissal (ARD) committee 
meetings. 
Agency Response. The agency disagrees with this public comment. This issue is 
addressed in 34 CFR, sec.300.344, relating to participants in meetings. This 
issue has been addressed in part in 19 Texas Administrative Code (TAC), 
sec.89.1050(c). 
Comment. The director of special education for Katy ISD, the president of the 
Family to Family Network of Houston, and several individuals request that the 
commissioner of education develop and adopt a rule that requires an ARD after a 
student fails the same class over two consecutive six-week grading periods. 
Agency Response. The agency disagrees with this public comment. The two-
consecutive-failures ARD function can be provided through other methods, 
including calling an ARD. 
Comment. The special education director for Humble ISD, an individual 
representing the Texas Educational Diagnosticians Association, two special 
education coordinators from Lubbock ISD, an individual from the special 
education department of Lubbock ISD, an educational diagnostician from Lubbock 
ISD, the director of special education for Corpus Christi ISD, the faculty of 
Samuel Clemens High School of Schertz, the president of the Texas Council of 
Administrators of Special Education, a teacher from Chapel Hill ISD, an 
educational diagnostician from Chapel Hill ISD, the directors of special 
education representing ESC Region IX and Region X school districts, the director 
of special education from the Lamesa-Sands Cooperative, and several individuals 
support the intent of Senate Bill 1 for local control and deregulation and 
believe local school districts should determine the appropriate method of 
monitoring student progress. 
Agency Response. The agency agrees with the comment. 
Comment. The president of the Learning Disabilities Association of Texas, an 
individual representing the board of the Learning Disabilities Association of El 
Paso, an individual representing the Learning Disabilities Association of Texas, 
and several individuals request that the commissioner of education develop and 
adopt a rule that restates the parent's right to tape record ARD committee 
meetings. 
Agency Response. The agency disagrees with this public comment. This issue is 
addressed in 34 CFR, Part 300, Appendix C, Question 12. 
Comment. An individual representing the Learning Disabilities Association of 
Texas requests that the commissioner of education develop and adopt a rule that 
addresses personnel development. 
Agency Response. The agency disagrees with this public comment. This issue is 
addressed at the local school district and ESC levels. Each local school 
district is required to include personnel development activities within campus 
and district improvement plans. 
Comment. The president of the Learning Disabilities Association of Texas 
requests that the commissioner of education develop and adopt a rule that 
addresses federal and state complaint procedures. 
Agency Response. The agency disagrees with this public comment. Federal 
regulation and state law does not require the state education agency to develop 
a rule regarding this issue. Copies of the agency's written procedures for 
complaints are available upon request. 
Comment. A representative from the Texas Federation of Teachers requests that 
the commissioner of education develop and adopt a rule that addresses discipline 
of students with disabilities. 
Agency Response. The agency agrees and has amended sec.89.1050 to address this 
issue. 
Comment. An individual representing the Partners Resource Network, the director 
of special education for Katy ISD, a representative of the ARC of Texas, an 
individual representing Advocacy, Inc., an individual representing the Learning 
Disabilities Association of Texas, two individuals representing Schools Are For 
Everyone of El Paso, an individual representing the Texas Pediatric Society, a 
case manager from LIFE for Kids of Lubbock, the president of the Texas 
Association of School Psychologists, the chair of the Governor's Continuing 
Advisory Committee for Special Education, an associate professor from Southwest 
Texas State University, an individual representing the special education 
advisory committee from Fort Worth ISD, the director of social services of the 
Texas Tech Clinics of Amarillo, the president of the Learning Disabilities 
Association of Texas, the president for the Texas Advocates for Special-needs 
Kids (TASK), Austin, a representative of the Parent Advisory Committee from Katy 
ISD, the director of the Disability Policy Consortium, the president of the 
Family to Family Network, Houston, and several individuals request that the 
commissioner of education develop and adopt a rule that would require a school 
district/special education program to maintain a local advisory committee for 
special education. 
Agency Response. The agency disagrees with this public comment. Federal 
regulation and state law do not require local advisory committees. Parent 
involvement may be addressed using a variety of methods such as site- based or 
district-wide committees, including local special education advisory committees. 
Comment. The superintendent of Midway ISD, the special education director from 
Humble ISD, the superintendent of Spearman ISD, 42 of 46 districts responding to 
a fax poll from the Texas Association of School Administrators, the directors of 
special education for ESC Region IX school districts, the director of special 
education of Copperas Cove ISD, the superintendent of Round Top-Carmine ISD, and 
the director of special education from the Lamesa-Sands Cooperative support the 
intent of Senate Bill 1 for local control and deregulation and believe local 
school districts should determine the appropriate method of involving parents. 
Agency Response. The agency agrees with the comment. 
The following comments are organized by section. sec.89.1001. Scope and 
Applicability. 
Comment. An individual believes the section may be redundant since student 
residence and eligibility is defined in Senate Bill 1. However, if the section 
is needed, then adding additional types of facilities (jails, prisons, and 
juvenile correction) may be necessary. 
Agency Response. The agency disagrees with this public comment. This section 
establishes local school district's responsibilities for students residing in 
the district's attendance boundaries. sec.89.1011. Referral for Comprehensive 
Assessment. 
Comment. An individual suggests the mention of section 504 of the Rehabilitation 
Act of 1973 among the mix of services available to students experiencing 
difficulty in the regular classroom. 
Agency Response. The agency disagrees with this public comment. Although 
districts are responsible for section 504 of the Rehabilitation Act of 1973, the 
agency does not have regulatory responsibility or authority for its 
requirements. 
Comment. An individual representing Advocacy, Inc., the president of the Texas 
Advocates for Special-needs Kids (TASK) of Austin, and a representative of the 
Disability Consortium (20 organizations) requests that the phrase "in writing" 
be deleted from the rule because it exceeds state law. 
Agency Response. The agency agrees and has amended the section. sec.89.1015. 
Time Line for All Notices. 
Comment. An individual suggests that TEA should promulgate guidelines for 
notices, complaint procedures, and notice of rights. 
Agency Response. With the adoption of these rules, the agency will update all 
appropriate documents/guidelines. 
Comment. The director of special education for Katy ISD, an individual 
representing Advocacy, Inc., the program director for the Deaf and Hard of 
Hearing from the Valley Association for Independent Living, a representative of 
the Parent Advisory Committee from Katy ISD, and several individuals support the 
proposed rule. 
Agency Response. The agency agrees with the comment. sec.89.1030. Comprehensive 
Individual Assessment. 
Comment. The regional director of the Texas Commission for the Blind in Dallas, 
an individual representing the Partners Resource Network, the director of 
special education for Katy ISD, an individual representing the Texas Planning 
Council for Developmental Disabilities, a representative of the ARC of Texas, an 
individual representing Advocacy, Inc., an individual representing Schools Are 
For Everyone of El Paso, an individual representing the Texas Pediatric Society, 
a case manager from LIFE for Kids of Lubbock, the executive director of the 
Texas Commission for the Blind, an individual representing the special education 
advisory committee from Fort Worth ISD, the chair of the Interagency Council on 
Autism and PDD, the director representing the Texas Transition Task Force, the 
president of the Texas Advocates for Special-needs Kids (TASK) of Austin, a 
representative of the Parent Advisory Committee from Katy ISD, the director of 
the Disability Policy Consortium, the president of the Family to Family Network, 
Houston, a representative of the Learning Disability Association of Texas, and 
several individuals request that the commissioner of education require 
additional content and establish a minimum age for vocational assessment.
Agency Response. The agency disagrees with this public comment. This issue is 
addressed in 34 CFR, sec.300.18, relating to transition services, and will be 
addressed on an individual basis as determined by the ARD committee or the 
Individual Transition Plan (ITP) committee. The agency will monitor local school 
districts for implementation. 
Comment. An individual representing the Texas Educational Diagnosticians 
Association, an individual from the special education department of Lubbock ISD, 
the director of special education for Laredo ISD, the president of the Texas 
Council of Administrators of Special Education, the director of special 
education for Copperas Cove ISD, a teacher from Chapel Hill ISD, an educational 
diagnostician from Chapel Hill ISD, the director of special education from the 
Lamesa-Sands Cooperative, two special education coordinators for Lubbock ISD, 
and several individuals support the intent of Senate Bill 1 for local control 
and deregulation, believe local school districts should determine the need for 
vocational assessment on an individual student basis, and support the proposed 
rule. 
Agency Response. The agency agrees with the comment. 
Comment. The regional director for the Texas Commission for the Blind in Dallas, 
an individual representing the Partners Resource Network of Austin, the director 
of special education for Katy ISD, the coordinator of the assistive technology 
project at Advocacy, Inc., an individual representing the Texas Assistive 
Technology Partnership, a representative from the ARC of Texas, an attorney 
representing Advocacy, Inc., an individual representing the Learning Disability 
Association of El Paso, two parents representing Schools Are For Everyone of El 
Paso, two consultants from ESC Region I, a case manager from LIFE for Kids of 
Lubbock, the executive director of the Texas Commission for the Blind, an 
individual representing the special education advisory committee from Fort Worth 
ISD, the president for the Texas Advocates for Special-needs Kids (TASK), 
Austin, the president of the Austin Council of the Blind, Austin, a 
representative of the Parent Advisory Committee from Katy ISD, the director of 
the Disability Policy Consortium, the president of the Family to Family Network, 
Houston, and several individuals request that the commissioner of education 
amend this rule and expand the content of the comprehensive assessment to 
include additional detail about assistive technology. 
Agency Response. The agency disagrees with this public comment. This issue is 
addressed in 34 CFR, sec.300.6 and sec.300.7, relating to assistive technology 
services and devices, which is referenced in the 
Comment. Two individuals request that the commissioner of education amend the 
rule to include additional content for the comprehensive assessment. Agency 
Response. The agency disagrees with this public comment. This issue is addressed 
in 34 CFR, sec.sec.300.530-300.532 and 300.534, relating to protection in 
evaluation procedures. 
Comment. An individual requests that the commissioner of education develop and 
adopt a rule that addresses the qualifications of personnel that conduct and 
contribute to the student's assessment. 
Agency Response. The agency disagrees with this public comment. This issue is 
addressed in 34 CFR, sec.sec.300.530-300.532 and 300.534, relating to protection 
in evaluation. sec.89.1035. Age Ranges for Student Eligibility.
Comment. A representative of the special education directors for Region XI 
school districts requests clarification of the age eligibility rule. 
Agency Response. The agency agrees and has amended this rule to provide 
appropriate clarification. sec.89.1040. Eligibility Criteria. 
Comment. The superintendent of Spur ISD is very concerned about students who 
fall through the cracks and are not found eligible for special education.
Agency Response. The SBOE must submit to the legislature a proposal to identify 
and assist students who do not qualify for special education services. This 
legislative proposal should address the concerns voiced by this superintendent.
Comment. The superintendent from Midway ISD, the special education consultant 
with Birdville ISD, an individual representing the Texas Educational 
Diagnosticians Association, an associate professor from Southwest Texas State 
University, an associate school psychologist with Lubbock ISD, an individual 
from the ESC Region XVI, an individual with Texas United Regional Networks, an 
educational diagnostician from Midland ISD, a professional associate school 
psychologist from Ysleta ISD, the president of the Texas Association of School 
Psychologists, the director of special education of Garland ISD, the director of 
special education of Copperas Cove ISD, 11 of 46 districts responding to a fax 
poll from the Texas Association of School Administrators, an educational 
diagnostician from Chapel Hill ISD, a representative of the special education 
directors for Region XI school districts, the directors of special education 
from ESC Region IV school districts, an associate school psychologist from 
Ysleta ISD, the directors of special education representing ESC Region X school 
districts, and numerous individuals request that the commissioner of education 
amend this rule to identify professionals that are qualified to conduct 
assessments. Specifically, most individuals request the addition of the licensed 
specialist in school psychology. 
Agency Response. The agency disagrees with this public comment. The proposed 
rule provides local school districts with local control and flexibility in the 
selection of evaluation personnel for certain eligibility criteria. 
Comment. A representative of the Texas Mental Health Counselors Association from 
San Antonio, a representative from Texas Tech University Health Sciences Center 
at Amarillo, and a representative of the Parent Advisory Committee from Katy ISD 
request that the commissioner of education amend this rule to include licensed 
professional counselors as professionals who would be available for school 
districts to use to conduct assessments. 
Agency Response. The agency disagrees with this public comment. The proposed 
rule provides local school districts with control and flexibility in the 
selection of evaluation personnel for certain eligibility criteria, including 
counselors if they are qualified to conduct the specific evaluation. 
Comment. The director of special education from Katy ISD, the director of 
special education from Corpus Christi ISD, the president of the Texas Council of 
Administrators of Special Education, the director of special education from 
Bryan ISD, 35 of 46 districts responding to a fax poll from the Texas 
Association of School Administrators, the superintendent of Spearman ISD, a 
representative from Texas Tech University Health Sciences Center at Amarillo, a 
representative of the Parent Advisory Committee from Katy ISD, and several 
individuals support the intent of Senate Bill 1 for local control and 
deregulation and believe local school districts should determine who is 
qualified to conduct the comprehensive assessment. 
Agency Response. The agency agrees with this comment.
Comment. The superintendent of Round Top-Carmine ISD requests that the 
commissioner of education amend this rule to establish the qualifications of 
assessment personnel, but provide flexibility to allow school districts to 
select who will conduct the specific assessment. 
Agency Response. The agency disagrees with this public comment. The proposed 
rule provides local school districts with control and flexibility in the 
selection of evaluation personnel for certain eligibility criteria. 
Comment. An individual representing the Texas Planning Council for Developmental 
Disabilities, an individual representing Advocacy, Inc., an individual 
representing Schools Are For Everyone of El Paso, an individual representing the 
Texas Pediatric Society, a case manager from LIFE for Kids of Lubbock, the 
program coordinator representing the ARC of McLennan County, the chair of the 
Interagency Council on Autism and PDD, the director of social services of the 
Texas Tech Clinics in Amarillo, the president for the Texas Advocates for 
Special-needs Kids (TASK) of Austin, the director of the Disability Policy 
Consortium, the president from the Family to Family Network, Houston, the 
director of special education from the Lamesa-Sands Cooperative, and several 
individuals support proposed sec.89.1040(a). 
Agency Response. The agency agrees with the comment. 
Comment. Under subsection (a), the directors of special education from ESC 
Region IV school districts recommend using the term "developmental delay" as an 
eligibility option for children ages three through five, rather than the term 
"noncategorical early childhood." 
Agency Response. The agency disagrees with this public comment. "Noncategorical 
early childhood" was selected instead of "developmental delay" to avoid 
confusion between the responsibilities of local school districts and local early 
intervention programs. 
Comment. Under subsection (b), a member of the Parent Training and Information 
Project from Lubbock and an individual request that the commissioner of 
education amend this subsection to include reference to the "multi- disciplinary 
team."
Agency Response. The agency disagrees with this public comment. This specific 
issue is addressed in 34 CFR, sec.300.532, relating to evaluation procedures.
Comment. Under subsection (e), the director of Mental Retardation (MR) Clinical 
Services for an MR Authority requests that the commissioner of education amend 
the definition for mental retardation and change it to match the Texas 
Department of Mental Health and Mental Retardation's definition. 
Agency Response. The agency disagrees with this public comment at this time. The 
agency is considering a statewide review of the new American Association of 
Mental Retardation (AAMR) definition for mental retardation. 
Comment. Under subsections (f) and (g), a physical therapist with San Antonio 
ISD requests that the commissioner of education amend the eligibility criteria 
for multiple disabilities and physical disability to reflect functional 
implications of the disabilities. 
Agency Response. The agency disagrees with this public comment. The degree to 
which functional implications is addressed within the assessment report is a 
local school district decision. 
Comment. Under subsection (g), two individuals request that the commissioner of 
education amend this rule to include neurological brain disorder (NBR).
Agency Response. The agency disagrees with this public comment. Neurological 
brain disorder (NBR) is not one of the federally established disabilities. A 
student with NBR would still need to meet the eligibility criteria established 
for emotional disturbance. 
Comment. Under subsection (h), the director representing the Texas Transition 
Task Force and a member of the public request that the commissioner of education 
consider an editorial change from the term "emotionally disturbed" to the term 
"emotional disturbance." 
Agency Response. The agency agrees with this comment and has made the editorial 
change. 
Comment. Under subsection (h), the special education director from San Marcos 
CISD requests that the commissioner of education consider an editorial change 
from the term "emotionally disturbed" to the term "emotional disability."
Agency Response. The agency disagrees with this public comment. An editorial 
change was made from the term "emotionally disturbed" to the term "emotional 
disturbance." 
Comment. Under subsection (h), the directors of special education from ESC 
Region IV school districts request that the commissioner of education amend this 
rule to include specific requirements relating to the content of the assessment 
for students with emotional disturbance. 
Agency Response. The agency disagrees with this public comment. The content of 
the assessment to establish an emotional disturbance will include the 
requirements of federal regulation and local school district procedures. 
Comment. Under subsection (i), the director of special education from Belton 
ISD, the director of special education of Copperas Cove ISD, and the director of 
special education from Wills Point ISD request that the commissioner of 
education amend this rule by deleting paragraph (3) of this subsection, 
pertaining to Method II eligibility for students suspected of having learning 
disabilities. They are concerned about overidentification and abuse. 
Agency Response. The agency disagrees with this public comment. Method II 
eligibility supports local control and flexibility. 
Comment. Under subsection (i), a special education coordinator from Huntsville 
ISD requests that the commissioner of education amend this rule to include 
specific guidelines pertaining to Method II eligibility. The special education 
coordinator feels these guidelines would prevent overidentification and abuse.
Agency Response. The agency disagrees with this public comment. Upon adoption of 
these rules, the agency will coordinate the development of guidelines with an 
education service center.
Comment. Under subsection (i), the director of special education from the South 
Jasper County Special Education Cooperative and the president of the Texas 
Council of Administrators of Special Education (TCASE) support maintaining 
Method II, but are concerned about the possible abuse of Method II 
identification.
Agency Response. The agency agrees with this public comment. Upon adoption of 
these rules, the agency will coordinate the development of guidelines with an 
education service center. 
Comment. Under subsection (i), the director of special education from Katy ISD 
and several individuals support the proposed rule. 
Agency Response. The agency agrees with this comment.
Comment. Under subsection (i), the president of the Learning Disabilities 
Association of Texas requests that the commissioner of education amend this 
rule, suggesting that the term "degree" may create opportunities for abuse and 
underidentification and should be deleted. 
Agency Response. The agency disagrees with this public comment. Method II 
eligibility requires professionals to establish the presence of a severe 
discrepancy. Paragraph (3) of this subsection requires that a statement of the 
degree be included in the assessment report. This statement would be based on 
professional judgment and would not create opportunities for abuse and 
underidentification. 
Comment. Under subsection (i), two individuals request that the commissioner of 
education amend this rule by requiring the assessment report to include findings 
on learning, learning styles, teaching aides, and recommendations for the 
development of the individualized education program (IEP). 
Agency Response. The agency disagrees with this public comment. These issues are 
addressed in the IEP by the admission, review, and dismissal (ARD) committee. 
sec.89.1045. Notice to Parents for Admission, Review, and Dismissal (ARD) 
Committee Meetings. 
Comment. The regional director for the Texas Commission for the Blind in Dallas, 
an individual representing the Partners Resource Network in Beaumont, the 
director of special education from Katy ISD, an individual representing the 
Texas Planning Council for Developmental Disabilities, a representative from the 
ARC of Texas, an individual representing Advocacy, Inc., a parent representing 
the Learning Disability Association, a parent representing Schools Are For 
Everyone of El Paso, the program director for the Deaf and Hard of Hearing from 
the Valley Association for Independent Living, an individual representing the 
Texas Pediatric Society, a case manager from LIFE for Kids in Lubbock, the 
executive director of the Texas Commission for the Blind, the program 
coordinator representing the ARC of McLennan County, a representative from a 
foster home in Wichita Falls, the chair of the Interagency Council on Autism and 
PDD, a teacher from Judson ISD, the director of social services of the Texas 
Tech Clinics in Amarillo, the president for the Texas Advocates for Special-
needs Kids (TASK) in Austin, the president of the Austin Council of the Blind in 
Austin, a representative of the Parent Advisory Committee from Katy ISD, the 
director of the Disability Policy Consortium, the president of the Family to 
Family Network in Houston, and numerous individuals support proposed 
sec.89.1045(b). 
Agency Response. The agency agrees with this comment. 
Comment. A member of the public suggests that specific avenues of dispute 
resolution will need to appear in some policy or other distributions to local 
education agencies if not included in this rule. 
Agency Response. Upon adoption of these rules, the agency will update all 
documents and guidelines to ensure compliance with the new requirements.
Comment. Two individuals request that the commissioner of education amend this 
section to include a replacement section to describe the ARD process and require 
school districts to inform parents about special education and other 
requirements specific to special education. 
Agency Response. The agency disagrees with this public comment. Local districts 
are required to provide parents with a full explanation of procedural 
safeguards.
Each local school district determines the type and amount of training that it 
provides to parents. sec.89.1050. The Admission, Review, and Dismissal (ARD) 
Committee. 
Comment. A member of the public suggests that as the result of litigation, the 
agency or the Texas Association of School Boards (TASB) may need to write 
guidelines for time lines and ARD functions. 
Agency Response. Upon adoption of these rules, the agency will update all 
documents and guidelines. 
Comment. The regional director for the Texas Commission for the Blind in Dallas, 
an individual representing the Partners Resource Network from Austin, the 
director of special education from Katy ISD, the coordinator of the assistive 
technology project at Advocacy, Inc., an individual representing the Texas 
Assistive Technology Partnership, a representative from the ARC of Texas, an 
attorney representing Advocacy, Inc., a parent representing the Learning 
Disability Association, two parents representing Schools Are For Everyone of El 
Paso, two consultants from ESC Region I, a case manager from LIFE for Kids of 
Lubbock, the executive director of the Texas Commission for the Blind, a parent 
representing the special education advisory committee from Fort Worth ISD, an 
associate professor from Stephen F. Austin State University, the president for 
the Texas Advocates for Special-needs Kids (TASK) in Austin, the president of 
the Austin Council of the Blind in Austin, a representative of the Parent 
Advisory Committee from Katy ISD, the director of the Disability Policy 
Consortium, the president from the Family to Family Network in Houston, and 
numerous individuals request that the commissioner of education amend this 
section and expand the ARD committee's consideration of assistive technology. 
Agency Response. The agency disagrees with this comment. This issue is addressed 
within CFR 300.308, relating to assistive technology services and devices, which 
is referenced within the section. 
Comment. A physical therapist with San Antonio ISD requests that the 
commissioner of education amend this subsection to clarify and expand the 
content specific to assistive technology devices and services. 
Agency Response. The agency disagrees with this comment. This issue is addressed 
within CFR 300.308, relating to assistive technology services and devices, which 
is referenced within the section. 
Comment. The director of special education from the Lamesa-Sands Cooperative 
supports the proposed rule reference to federal assistive technology 
regulations.
Agency Response. The agency agrees with this comment. 
Comment. Under subsection (a), the director of special education from the South 
Jasper County Special Education Cooperative requests that the commissioner of 
education amend this rule standard from the "ARD being held on the first day of 
school" to the "ARD being held during the first week of school." 
Agency Response. The agency disagrees with this public comment. Federal 
regulation requires that the IEP must be in place at the beginning of each 
school year. 
Comment. Under subsection (b), a physical therapist with San Antonio ISD 
requests that the commissioner of education amend this rule to indicate that 
children birth through two years of age will be served by programs other than 
the local district. 
Agency Response. The agency disagrees with this public comment. State law 
requires local school districts to serve students with visual and/or auditory 
impairments. 
Comment. Under subsection (b), the deputy executive director of the Interagency 
Council on Early Childhood Intervention (ECI) requests that the commissioner of 
education amend this rule by making two editorial changes relating to age range 
of children and individualized family services plan references. 
Agency Response. The agency agrees with one of the suggested changes and has 
amended this subsection. 
Comment. Under subsection (b), the directors of special education from ESC 
Region IV school districts request that the commissioner of education amend this 
rule by making editorial changes relating to age range of children.
Agency Response. The agency agrees with the suggested changes and has amended 
this subsection. 
Comment. Under subsection (c), the national program associate in education for 
the American Foundation for the Blind, program coordinator of vision services 
for Dallas ISD, the regional director for the Texas Commission for the Blind in 
Dallas, the chair of the Interagency Council on Autism/PDD, the president of the 
Texas Association of School Psychologists, an associate professor from Southwest 
Texas State University, an individual representing the Alliance of and for 
Visually Impaired Texans, an individual from the Texas School for the Blind and 
Visually Impaired, the chair of the Alliance of the and for Visually Impaired 
Texans, a caseworker for the Texas Commission for the Blind, a caseworker for 
the Commission for the Blind from El Paso, an individual representing Texas 
State Teachers Association, two consultants from ESC Region I, a teacher from 
Ector County ISD, the chair of the Texas Alliance of and for Visually Impaired 
Texans, the vision program manager for ESC Region II, the executive director of 
the Texas Commission for the Blind, an educational specialist from ESC Region 
XI, an individual representing the North Texas Professionals in Visual 
Impairments, the president and corresponding secretary of the Texas Federation 
of the Blind, a student from Fort Worth ISD, the president of Chapter I of the 
Texas Federation of the Blind, a teacher from ESC Region II, an individual from 
ESC Region XIII in Austin, a teacher from Round Rock ISD, a teacher from Abilene 
ISD, an individual representing the Texas School for the Blind and Visually 
Impaired, an individual representing the Central Texas Educators and 
Rehabilitation Professionals for the Visually Impaired, two teachers from 
Birdville ISD, a consultant representing ESC Region XIX, a teacher from 
Pflugerville ISD, two individuals from ESC Region XIII, a teacher from the 
Leander ISD, three teachers from the Fort Worth ISD, the president from the 
Texas Association for Education and Rehabilitation of the Blind and Visually 
Impaired, the coordinator for the Lubbock Regional Day School Program, a vision 
program specialist representing the Dallas ISD, the president of the Austin 
Council of the Blind in Austin, the directors of special education representing 
ESC Region X school districts, a teacher from the Arlington ISD, a 
representative from the Santa Rosa Low Vision Clinic of San Antonio, individuals 
representing the North Lamar ISD, the director of the Disability Policy 
Consortium, a certified O & M; specialist from El Paso ISD, an O & M; specialist 
from Arlington ISD, a representative from the Helen Keller National Center in 
Dallas, a diagnostician from Lewisville ISD, the president of the Family to 
Family Network in Houston, a parent from Eanes ISD, a consultant from ESC Region 
VIII, a teacher from Northside ISD, an O & M; specialist from ESC Region II, an 
individual from Houston ISD, an individual representing the Texas Commission for 
the Blind in El Paso, a teacher from Lewisville ISD, an individual representing 
the Texas Commission for the Blind in Fort Worth, and numerous individuals 
request that the commissioner of education amend the proposed rule to include 
teachers who are certified to serve students with visual impairments and 
auditory impairments and other teachers certified to serve other disability 
categories as required members of the ARD committee involving students with 
visual impairments, auditory impairments, and other disabilities. 
Agency Response. The agency agrees and has amended sec.89.1050(c) and 
sec.89.1131. 
Comment. Under subsection (c), two individuals request that the commissioner of 
education amend this subsection to include a requirement for the regular teacher 
to attend ARD committee meetings. 
Agency Response. The agency disagrees in part with this comment. This issue is 
addressed within sec.89.1050(c) relating to teacher participation, which is 
referenced within the subsection. 
Comment. Under subsection (c), a representative of the special education 
directors for ESC Region XI school districts requests that the commissioner of 
education amend this rule to include additional members on the ARD committee.
Agency Response. The agency disagrees with this comment. This issue is addressed 
within CFR 300.344-345, relating to participants in meetings and parent 
participation, which is referenced within the section. 
Comment. Under subsection (e), a representative of the special education 
directors for ESC Region XI school districts requests clarification or rewording 
of sec.89.1050(e) to understand the use of the word "may." 
Agency Response. The word "may" relates to the options that a district has 
available to them in serving students who are new to the district. If the 
student has been in special education before and copies of testing and ARD/IEP 
reports are available, the receiving district "may" convene an ARD for the 
purpose of serving the student. If student information/records are not available 
and the receiving district suspects the student may need special education 
services, then the receiving district "may" convene an ARD to temporarily serve 
the student until additional information is sent or collected. 
Comment. Under subsection (g), two individuals request that the commissioner of 
education amend this rule to remove the terms "expellable offense" and "AEP" 
because these terms are not appropriate for this subsection. 
Agency Response. The agency disagrees with this comment. The inclusion of these 
terms within this subsection was to ensure the safety of students and staff and 
prevent the misuse of the 10-day recess. 
Comment. Under subsection (g), an individual representing the Learning 
Disabilities Association of Texas and the president of the Learning Disabilities 
Association of Texas request that the commissioner of education amend this 
subsection by removing the wording "which may lead to a placement in an 
alternative education program (AEP)," because it is too vague. 
Agency Response. The agency disagrees with this comment. The inclusion of these 
terms within this subsection was to ensure the safety of students and staff and 
prevent the misuse of the 10-day recess. 
Comment. Under subsection (g), the regional director for the Texas Commission 
for the Blind in Dallas, an individual representing the Partners Resource 
Network in Beaumont, a parent and member of the Parent Training and Information 
Project from McAllen, the director of special education from Katy ISD, a 
representative from the ARC of Texas, an individual representing Advocacy, Inc., 
an individual representing the board for Learning Disabilities Association in El 
Paso, an individual representing the Texas Pediatric Society, a case manager 
from LIFE for Kids of Lubbock, the executive director of the Texas Commission 
for the Blind, a representative from a foster home in Wichita Falls, a teacher 
from Judson ISD, the president for the Texas Advocates for Special-needs Kids 
(TASK) in Austin, a representative of the Parent Advisory Committee from Katy 
ISD, the president of the Family to Family Network, Houston, and numerous 
individuals support proposed sec.89.1050(g)(1)-(7), relating to the 10-day 
recess. 
Agency Response. The agency agrees with this comment. sec.89.1055. Content of 
the Individual Educational Plan (IEP). 
Comment. Two individuals request that the commissioner of education amend this 
rule so the staff-to-students ratio does not exceed 10:1 and that it applies to 
all students with disabilities. 
Agency Response. The agency disagrees with this comment. Staff-to-students 
ratios are determined on an individual basis by the ARD committee based on 
whether the student IEPs can be implemented. 
Comment. The director of special education from Houston ISD requests that the 
agency provide clarification of sec.89.1055(c)(1)-(7) for students with autism 
to ensure appropriate implementation. 
Agency Response. Upon adoption of these rules, the agency will update all 
documents and guidelines. 
Comment. The director of special education from Katy ISD and the directors of 
special education from ESC Region IV school districts request that the 
commissioner of education amend this rule by changing the term from "extended 
educational programming" to "extended year services." 
Agency Response. The agency disagrees with this comment. The term "extended 
educational programming" means extended day, week, and year programming based on 
the student's needs. If the term is changed to "extended year services" it would 
limit the services available to the student. 
Comment. A representative from the ARC of Texas requests that the commissioner 
of education amend this rule so that the rule can be monitored. 
Agency Response. The agency agrees with this comment and has amended the 
section. 
Comment. The chair of the Interagency Council on Autism and PDD requests that 
the commissioner of education amend this rule by adding "pervasive development 
disorders" and replacing the "when appropriate" with "when needed." 
Agency Response. The agency agrees with this comment and has amended the 
section. 
Comment. The director of special education from Bryan ISD and a special 
education coordinator from Huntsville ISD request that the commissioner of 
education amend this rule to eliminate parent training because it can be 
addressed by the in-home training requirement. They also believe that a suitable 
staff-to-students ratio means nothing and they support the term "when 
appropriate." 
Agency Response. Upon adoption of these rules, the agency will update all 
documents and clarify this section of rule. 
Comment. The president of the Texas Council of Administrators of Special 
Education (TCASE), the director of the Denton County Special Education Coop, and 
the special education directors from ESC Region VIII support the proposed rule 
pertaining to autism. 
Agency Response. The agency agrees with this comment.
Comment. A representative of the special education directors for Region XI 
school districts requests that the commissioner of education amend this rule by 
removing the reference to the individualized family services plan (IFSP) and 
provide the reason why students with visual impairments are addressed in this 
section and deaf students are not. 
Agency Response. State law requires local school districts to provide services 
to students 0-2 years of age with visual and auditory impairments. These 
students are also eligible under 34 CFR part 303, relating to early 
intervention. The students must have access to the IFSP. The reason students 
with visual impairments are addressed and students with auditory impairments are 
not is because students with visual impairments are addressed by state statute 
that requires the additions to the IEP. 
Comment. The directors of special education from ESC Region IV school districts 
request that the commissioner of education amend this rule by changing the word 
"and" to the word "or" relating to the IEP/IFSP in subsection (b). 
Agency Response. The agency agrees with this comment and has amended the 
section. 
Comment. A representative from the Texas Federation of Teachers requests that 
the commissioner of education amend this rule to include a statement of the 
student's behavior that affects discipline. 
Agency Response. The agency disagrees in part with this comment. The agency has 
amended sec.89.1050 to include a subsection to address discipline. Additional 
statements relating to student behavior will be determined on an individual 
student basis by each local ARD committee/district. 
Comment. The directors of special education representing ESC Region X school 
districts request that the commissioner of education amend this rule by changing 
from "IEP modifications" to "allowable modifications." 
Agency Response. The agency disagrees with this comment. The term "IEP 
modifications" does not refer to all modifications in the IEP. It only refers to 
the modifications identified specifically to taking the test. 
Comment. A member of the public requests that the commissioner of education 
amend this rule to include a requirement that would allow for indirect 
participation in extracurricular activities based on the needs of the student. 
Agency Response. The agency disagrees with this comment. Student participation 
in extracurricular activities is a local district and ARD committee decision.
Comment. Two individuals request that the commissioner of education amend this 
rule because they believe that this section is incomplete because it does not 
include reference to annual goals and short-term objectives. 
Agency Response. The agency disagrees with this comment. This section provides a 
list of additional requirements above the federal regulations. The terms annual 
goals and short-term objectives are addressed in 34 CFR 300.346, relating to 
content of the IEP. 
Comment. Under subsection (c), a parent and member of the Parent Training and 
Information Project from Lubbock, the director of special education from Katy 
ISD, an individual representing Advocacy, Inc., a parent representing Schools 
Are For Everyone of El Paso, the president of the South Texas Society for 
Autism, the director of special education from Corpus Christi ISD, an individual 
representing the Texas Pediatric Society, a case manager from LIFE for Kids in 
Lubbock, the president of the Texas Association of School Psychologists, an 
associate professor from Southwest Texas State University, a representative from 
a foster home in Wichita Falls, the chair of the Interagency Council on Autism 
and PDD, a teacher from Judson ISD, the president for the Texas Advocates for 
Special-needs Kids (TASK) in Austin, the past president of the Autism Society of 
America from Arlington, the treasurer of the greater Houston Chapter Autism 
Society of America, a representative of the Parent Advisory Committee from Katy 
ISD, the director of the Disability Policy Consortium, and numerous individuals 
request that the commissioner of education amend this subsection relating to IEP 
content for students with autism. These individuals and organizations believe 
that if the proposed subsection is not amended, students with autism will not 
receive appropriate services. They also believe some school districts may even 
stop providing some current services. 
Agency Response. The agency disagrees in part with this comment. The agency has 
amended subsection (c) to ensure that the items listed in paragraphs (1)-(7) 
will be considered for each student on an individual basis and districts will be 
held accountable for not providing the service. sec.89.1060. Definitions of 
Certain Related Services. 
Comment. Two individuals request that the commissioner of education amend this 
rule to include additional related services. 
Agency Response. The agency disagrees with this comment. Federal regulations 
address related services and it is unnecessary to repeat them in this section.
Comment. An occupational therapist from McAllen requests that the commissioner 
of education amend this rule to include occupational therapy and physical 
therapy. 
Agency Response. The agency disagrees with this comment. Federal regulations 
address related services and it is unnecessary to repeat them in this section.
Comment. The president of the Learning Disabilities Association of Texas and a 
member of the public request that the commissioner of education amend this rule 
to include additional services and the qualifications of the personnel that 
provide the service. 
Agency Response. The agency disagrees with this comment. Federal regulations 
address related services and it is unnecessary to repeat them in this section. 
Comment. The directors of special education from ESC Region IV school districts 
request that the commissioner of education amend this rule to include an 
introductory statement and rename the section "Related Services." 
Agency Response. The agency disagrees with this comment. Federal regulations 
address related services and it is unnecessary to repeat them or their intent in 
this section. 
Comment. An individual representing the Learning Disabilities Association of 
Texas requests that the commissioner of education amend this rule by adding 
"school health services." 
Agency Response. The agency disagrees with this comment. Federal regulations 
address related services, but does not provide an exhaustive list. This provides 
local districts with flexibility in adding to the list based on student needs.
Comment. A physical therapist with San Antonio ISD requests that the  
commissioner of education amend this rule by adding occupational therapy, 
physical therapy, and speech therapy. 
Agency Response. The agency disagrees with this comment. Federal regulations 
address related services and it is unnecessary to repeat them in this section.
Comment. The national program associate in education for the American Foundation 
for the Blind, two program coordinators of vision services for Dallas ISD, the 
regional director for the Texas Commission for the Blind in Dallas, the chair 
and an individual representing the Alliance of and for Visually Impaired Texans, 
a caseworker for the Texas Commission for the Blind, a teacher from Ector County 
ISD, the vision program manager for ESC Region II, the executive director of the 
Texas Commission for the Blind, an educational specialist from ESC Region XI, an 
individual representing the North Texas Professionals in Visual Impairments, the 
president and corresponding secretary of the Texas Federation of the Blind, a 
student from Fort Worth ISD, seven teachers from Lewisville ISD, the president 
of Chapter I of the Texas Federation of the Blind, a teacher from ESC Region II, 
an individual from ESC Region XIII, the vice-president of the Lighthouse for the 
Blind from Fort Worth, an individual representing the Central Texas Educators 
and Rehabilitation Professionals for the Visually Impaired, a teacher from 
Birdville ISD, a consultant representing ESC Region XIX, a teacher from 
Pflugerville ISD, an individual from ESC Region XIII, a teacher from Leander 
ISD, two teachers from Fort Worth ISD, a vision program specialist representing 
the Dallas ISD, the president of the Austin Council of the Blind in Austin, a 
representative from the Santa Rosa Low Vision Clinic from San Antonio, 
individuals representing the North Lamar ISD, a certified orientation and 
mobility (O & M;) specialist from Arlington ISD, a representative from the Helen 
Keller National Center in Dallas, a diagnostician from Lewisville ISD, a 
consultant from ESC Region VIII, a teacher from Northside ISD, an O & M; 
specialist from ESC Region II, an individual from the Houston ISD, a grandparent 
from Lewisville ISD, an individual representing the Texas Commission for the 
Blind in El Paso, an individual representing the Texas Commission for the Blind 
in Fort Worth, and numerous individuals support the proposed definition of O & 
M.; 
Agency Response. The agency agrees with this comment. 
Comment. Two individuals support the proposed rule. 
Agency Response. The agency agrees with this comment.
Comment. An assistant director from the Deaf Action Center, the program director 
for the Deaf and Hard of Hearing from the Valley Association for Independent 
Living, the Coalition of Presidents (COPs) representing five organizations of 
the deaf in Dallas County, the parliamentarian of the Texas Society of 
Interpreters for the Deaf, and a supervisor of interpreter services representing 
Travis County Services for the Deaf request that the commissioner of education 
amend this rule to not allow a waiver for more than one year. 
Agency Response. The agency disagrees with this comment. Three years represents 
the maximum time for a waiver granted by the commissioner of education. 
Comment. The coordinator of the Interpreter Training Program at Houston 
Community College, the president of the Texas Association of the Deaf, and two 
members of the public are very concerned about the implementation of the 
proposed rule. 
Agency Response. Upon adoption of these rules, the agency will provide 
clarification to parents, education service centers, and independent school 
districts. 
Comment. The directors of special education representing ESC Region X school 
districts request that the commissioner of education amend this rule to assess 
all professionally recognized sign systems and allow annual waivers for 
interpreters to be granted by the division director. 
Agency Response. The agency disagrees with this comment. The use of other 
professionally recognized sign systems are available based on student needs. 
Only the commissioner of education can grant waivers. sec.89.1065. Extended Year 
Services (EYS). 
Comment. The director of special education from Katy ISD, a representative of 
the Parent Advisory Committee from Katy ISD, the president of the Family to 
Family Network of Houston, and several individuals support the proposed rule. 
Agency Response. The agency agrees with this comment. 
Comment. The president of the Learning Disabilities Association of Texas 
requests that the commissioner of education amend this rule to expand to include 
other students. 
Agency Response. The agency disagrees with this comment. The proposed rule does 
include all students that would regress if not provided extended year services. 
This rule must be applied on an individual student basis. sec.89.1070. 
Graduation Requirements. 
Comment. The regional director for the Texas Commission for the Blind in Dallas, 
an individual representing the Partners Resource Network from Arlington, the 
director of special education from Katy ISD, an individual representing the 
Texas Planning Council for Developmental Disabilities, a representative from the 
ARC of Texas, an individual representing Advocacy, Inc., a parent representing 
Schools Are For Everyone of El Paso, the program director for the Deaf and Hard 
of Hearing from the Valley Association for Independent Living, a parent 
representing the special education advisory committee from Fort Worth ISD, the 
president for the Texas Advocates for Special-needs Kids (TASK) in Austin, a 
representative of the Parent Advisory Committee from Katy ISD, the director of 
the Disability Policy Consortium, and numerous individuals support the proposed 
rule. 
Agency Response. The agency agrees with this comment. sec.89.1075. General 
Program Requirements and Local District Procedures. 
Comment. The directors of special education representing ESC Region X school 
districts request that the commissioner of education amend this rule to exclude 
initial referral data for students who transfer from outside of the district.
Agency Response. The agency disagrees with this comment. The agency makes an 
exception for transfer students when the receiving district has not received 
information from the sending district. 
Comment. A parent and member of the Parent Training and Information Project from 
McAllen, the director of special education from Katy ISD, a representative from 
the ARC of Texas, an individual representing Advocacy, Inc., a parent 
representing Schools Are For Everyone of El Paso, an individual representing the 
Texas Pediatric Society, a case manager from LIFE for Kids of Lubbock, a program 
coordinator representing the ARC of McLennan County, a parent representing the 
special education advisory committee from Fort Worth ISD, the chair of the 
Interagency Council on Autism and PDD, the president for the Texas Advocates for 
Special-needs Kids (TASK) in Austin, a representative of the Parent Advisory 
Committee from Katy ISD, the director of the Disability Policy Consortium, and 
numerous individuals support proposed sec.89.1075(d). 
Agency Response. The agency agrees with this comment.
Comment. Two members of the public request that the commissioner of education 
amend this rule to include that additional sections of the ARD should be given 
to the teacher and to require each district to establish procedures to ensure 
ongoing monitoring of each student. 
Agency Response. The agency disagrees with this comment. The proposed rule 
provides enough guidance to districts in addition to federal regulations which 
require that student progress be monitored. sec.89.1080. Regional Day School 
Program for the Deaf. 
Comment. The Coalition of Presidents (COPs) representing five organizations of 
the deaf in Dallas County requests open enrollment across regional day school 
programs for the deaf and the Texas School for the Deaf. Parents of a deaf child 
have every right to enroll their child in a school/regional program of their 
choice if they feel their child would benefit more than in their own local 
school/program. 
Agency Response. The agency disagrees with this comment. The enrollment of 
students who are deaf in a regional day school program other than their home 
program is determined by the sending district's ARD committee and by the 
receiving district and regional day school program. Texas School for the Deaf 
currently accepts parent placements. 
Comment. The deputy executive director of the Interagency Council on Early 
Childhood requests that the commissioner amend this rule to include the 
interdisciplinary team for children ages 0-3 who will have access to services 
through the regional day school program for the Deaf as outlined in an 
individual family services plan (IFSP). 
Agency Response. The agency disagrees with this comment because specific 
reporting requirements to serve students through early intervention are outlined 
under 34 CFR part 303, relating to early intervention sec.89.1085. Referral for 
Texas School for the Blind and Visually Impaired and Texas School for the Deaf 
Services. 
Comment. The Coalition of Presidents (COPs) representing five organizations of 
the deaf in Dallas County requests open enrollment across regional day schools 
for the deaf and the Texas School for the Deaf. Parents of a deaf child have 
every right to enroll their child in a school/regional program of their choice 
if they feel their child would benefit more than in their own local 
school/program. 
Agency Response. The agency disagrees with this comment. The enrollment of 
students who are deaf in a regional day school program other than their home 
program is determined by the sending district's ARD committee and by the 
receiving district and regional day school program. Texas School for the Deaf 
currently accepts parent placements. 
Comment. An individual representing the Texas School for the Blind and Visually 
Impaired requests that the commissioner of education amend this rule by deleting 
sec.89.1085(b)(1)-(3) because it is extraneous, exceeds the requirements of 
federal and state law, and can have a negative impact on the instructional 
services provided to students with a visual disability. 
Agency Response. The agency disagrees with this comment. The agency believes 
that local school districts must remain responsible for all students placed 
within residential settings. These specific requirements reinforce the sending 
district's ongoing responsibility for the student. 
Comment. A representative from the Texas School for the Deaf requests that the 
commissioner of education amend and/or review this rule and ensure that it is 
consistent with State Board of Education rule and state statute pertaining to 
students enrolled at the Texas School for the Deaf. 
Agency Response. The agency agrees with this comment and has amended the 
section. 
Comment. An individual representing a regional day school program requests that 
the commissioner of education amend the proposed rule to require Texas School 
for the Deaf to accept all referred students. 
Agency Response. The agency disagrees in part with this comment. The agency will 
continue to participate in interagency efforts to reach agreement on the types 
of students the Texas School for the Deaf should serve. 
Comment. A supervisor of interpreter services representing Travis County 
Services for the Deaf believes districts do not refer students to the Texas 
School for the Deaf because they lose funding. 
Agency Response. Upon adoption of these rules, the agency will provide 
clarification to parents, education service centers, and independent school 
districts. sec.89.1090. Transportation of Students Placed in a Residential 
Setting, Including Texas School for the Blind and Visually Impaired and the 
Texas School for the Deaf. 
Comment. A representative from the Texas School for the Deaf (TSD) requests that 
the commissioner of education amend this rule to require the addition of written 
cooperative agreements between TSD and the local school district.
Agency Response. The agency disagrees with this comment. The choice of entering 
into an interagency agreement is a local school district decision.
Comment. The Coalition of Presidents (COPs) representing five organizations of 
the deaf in Dallas County requests open enrollment across regional day schools 
for the deaf and the Texas School for the Deaf. Parents of a deaf child have 
every right to enroll their child in a school/regional program of their choice 
if they feel their child would benefit more than in their own local 
school/program. 
Agency Response. The agency disagrees with this comment. The enrollment of 
students who are deaf in a regional day school program other than their home 
program is determined by the sending district's ARD committee and by the 
receiving district and regional day school program. Texas School for the Deaf 
currently accepts parent placements. sec.89.1095. Provision of Services for 
Students Placed by Their Parents in Private Schools. 
Comment. The Coalition of Presidents (COPs) representing five organizations of 
the deaf in Dallas County requests open enrollment across regional day school 
programs for the deaf and the Texas School for the Deaf. Parents of a deaf child 
have every right to enroll their child in a school/regional program of their 
choice if they feel their child would benefit more than in their own local 
school/program. 
Agency Response. The agency disagrees with this comment. The enrollment of 
students who are deaf in a regional day school program other than their home 
program is determined by the sending district's ARD committee and by the 
receiving district and regional day school program. Texas School for the Deaf 
currently accepts parent placements. sec.89.1110. Memorandum of Understanding on 
Transition Planning for Students Receiving Special Education Services. 
Comment. An individual from the special education department of Lubbock ISD, an 
individual from ESC Region XVI, the president of the Texas Council of 
Administrators of Special Education (TCASE), the director of special education 
from Bryan ISD, the director of special education of Copperas Cove ISD, the 
directors of special education representing ESC Region X school districts, a 
representative of the Parent Advisory Committee from Katy ISD, special education 
directors from ESC Region VIII, and the director of special education from the 
Lamesa-Sands Cooperative and several individuals support the rule. But school 
personnel request that the commissioner of education revisit this section, 
relating to Memorandum of Understanding on Transition Planning for Students 
Receiving Special Education Services, and amend it so it does not exceed federal 
and state law. 
Agency Response. The agency agrees with this comment. The agency will continue 
to discuss with its interagency partners how to improve this agreement. 
Comment. An individual representing Advocacy, Inc., the director representing 
the Texas Transition Task Force, and a member of the public support the proposed 
section. 
Agency Response. The agency agrees with this comment. 
Comment. The director of special education from the South Jasper County Special 
Education Cooperative questions why an educational diagnostician cannot be used 
to conduct certain assessments. 
Agency Response. The use of certain personnel by other agencies to perform 
specific activities is based on the requirements of that agency. The agency will 
continue to discuss with its interagency partners how to improve this agreement. 
Comment. The president of the Family to Family Network of Houston requests that 
the commissioner of education amend this rule to include additional 
accountability. 
Agency Response. The agency disagrees in part with this comment, but will 
continue to discuss with its interagency partners how to improve this agreement. 
sec.89.1121. Distribution of State Funds. 
Comment. The coordinator for the Lubbock Regional Day School Program requests 
that the commissioner of education amend this rule to include regional day 
school students. 
Agency Response. The agency agrees with this comment and has amended this 
section. 
Comment. A parent representing the special education advisory committee from 
Fort Worth ISD requests that the commissioner of education amend this rule to 
allow for funding for mainstreaming of students with disabilities. Agency 
Response. The agency disagrees with this comment. The use of state funding is 
determined at the local level. State law establishes the amount each district 
receives for the mainstream instructional arrangement. In addition, specific 
services must be provided in accordance with 19 Texas Administrative Code (TAC), 
sec.89.63(c)(1), relating to the mainstream instructional arrangement.
sec.89.1125. Allowable Expenditures of State Special Education Funds. 
Comment. A representative from the Texas Federation of Teachers questions where 
the reference to the 15% administrative costs requirement is addressed. 
Agency Response. The 15% administrative cost requirement is addressed in the 
Texas Administrative Code (TAC), Chapter 105, Foundation School Program, 
Subchapter B, Maximum Indirect Cost Allowable on Certain Foundation School 
Program Allotments. sec.89.1131. Qualifications of Special Education, Related 
Service, and Paraprofessional Personnel. 
Comment. Two individuals request that the commissioner of education amend this 
rule because it is too vague and needs to include specific requirements. Agency 
Response. The agency agrees in part with this comment and has amended this 
section. 
Comment. The president of the Texas Association of School Psychologists requests 
that the commissioner of education amend this rule by changing the title of the 
section and by adding a federal regulation reference to related services. 
Agency Response. The agency disagrees with this comment. Agency staff believe 
these recommended changes are not necessary because the proposed rule adequately 
addresses the issue. 
Comment. The president of the Learning Disabilities Association of Texas and a 
member of the public request that the commissioner of education amend this rule 
to recognize qualified personnel to clearly implement 34 CFR 300.15 and 300.153. 
Agency Response. The agency disagrees with this comment. Within the context of 
local control and increased flexibility, districts will assign qualified 
professionals to serve students with disabilities. 
Comment. The governmental relations counsel representing the Association of 
Texas Professional Educators (ATPE) and a member of the public request that the 
commissioner of education amend this rule to include teachers. The member of the 
public specifically requests teachers who serve students with visual 
impairments. 
Agency Response. The agency agrees in part with this comment and has amended the 
section. 
Comment. A parent representing the special education advisory committee from 
Fort Worth ISD requests that the commissioner of education amend this rule to 
ensure that services are coordinated as recommended in the SBOE Report of the 
Task Force on the Education of Students with Disabilities. 
Agency Response. The agency disagrees with this comment. The inclusion of the 
SBOE policy statement on services to students with disabilities would be 
inappropriate because it was not intended to be part of rule. 
Comment. An individual representing the ARC of Texas, an individual representing 
Advocacy, Inc., the president for the Texas Advocates for Special-needs Kids 
(TASK) of Austin, the director of the Disability Policy Consortium, and several 
individuals request that the commissioner of education amend this rule to 
clarify the use of paraprofessionals. 
Agency Response. The agency agrees in part with this comment and has amended the 
section. 
Comment. The directors of special education representing ESC Region X school 
districts request that the commissioner of education amend this rule to tighten 
the supervision requirements of paraprofessionals. 
Agency Response. The agency agrees in part with this comment and has amended the 
section. 
Comment. The director of special education from the Lamesa-Sands Cooperative 
supports the proposed rule relating to the use of paraprofessionals. 
Agency Response. The agency agrees in part with this comment, but has amended 
the section to allow paraprofessionals to serve as teacher assistants until 
August 31, 1997. 
Comment. The superintendent of Midway ISD, the special education director from 
Humble ISD, a representative of the special education directors for ESC Region 
XI school districts, the director of special education from Katy ISD, the 
director of special education from Belton ISD, the superintendent of Spur ISD, 
the director of special education from Corpus Christi ISD, the president of the 
Texas Council of Administrators of Special Education (TCASE), the governmental 
relations counsel representing the Association of Texas Professional Educators 
(ATPE), the director of special education of Garland ISD, the director of 
special education from Bryan ISD, the director of special education of Copperas 
Cove ISD, 42 of 46 districts responding to a fax poll from the Texas Association 
of School Administrators, the superintendent of Spearman ISD, the directors of 
special education for ESC Region IV school districts, the directors of special 
education representing ESC Region X school districts, the superintendent of 
Round Top-Carmine ISD, a representative of the Parent Advisory Committee from 
Katy ISD, the president of the Family to Family Network in Houston, the special 
education directors for ESC Region VIII, and numerous individuals request that 
the commissioner of education amend this rule to include the use of 
paraprofessionals as teacher assistants. 
Agency Response. The agency agrees in part with this comment and has amended the 
section. sec.89.1141. Regional Education Service Center Special Education 
Programs Component. 
Comment. A member of the public suggests that an increase in the direct service 
role for education service centers may encourage joining them as respondents in 
special education due process hearings. 
Agency Response. Education service centers have been providing direct services 
for many years. The specific rule in question has never been used to include 
education service centers in a due process hearing. sec.89.1170. Impartial 
Hearing Officer. 
Comment. Two attorneys with the law firm of Walsh, Anderson, Underwood, Schulze 
and Aldridge, P. C., representing school district clients, raised a concern that 
hearing officers do not have the authority to sanction parties in special 
education due process hearings for failure to follow hearing rules or for filing 
frivolous pleadings. 
Agency Response. sec.89.1170 has been modified to clarify the authority of 
special education hearing officers to impose sanctions in due process hearings. 
Comment. An attorney with the law firm of Walsh, Anderson, Underwood, Schulze 
and Aldridge, P. C., commented that federal regulations for the Individuals with 
Disabilities Education Act (IDEA) presuppose that parents have first presented 
their complaint to the committee responsible for their child's program before 
filing a request for a due process hearing. The attorney requests a 
commissioner's rule permitting hearing officers to dismiss hearing requests when 
parents have not presented their complaint to the committee. 
Agency Response. This legal aspect of the Individuals with Disabilities 
Education Act is not clear. Although some courts have required such notification 
if parents are to be reimbursed for educational costs or attorney fees, no court 
opinions which are precedent for Texas have ruled that parents must present 
complaints to the school district before filing for a hearing. Reauthorization 
of IDEA is now underway in Congress, and it is possible that the statute on this 
point will be clarified when it is readopted. sec.89.1185. Hearing. Comment. The 
directors of special education representing ESC Region X school districts 
question how findings can be amended or how there can be additional findings 
without both parties reconvening. 
Agency Response. Hearing officer decisions are final. However, any party may 
request clarification of the decision by means of specified findings or 
conclusions based on evidence presented at the hearing. 
Comment. The president of the Learning Disabilities Association of Texas 
requests that the commissioner of education amend this rule to include more 
detailed procedures for mediation both before and after a due process hearing.
Agency Response. The agency disagrees with this comment. Mediation is not 
required by federal regulation. Procedures relating to mediation are available 
from the agency upon request. 

General Provisions
19 TAC sec.89.1001
The new section is adopted under the Texas Education Code, sec.sec.29.001, 
29.003, 29.005, 29.011, and 29.012, which authorizes the commissioner of 
education to adopt rules related to delivering special education services.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610511
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 1, 1996
Proposal publication date: February 27, 1996
For further information, please call: (512) 463-9701

Clarification of Provisions in Federal Regulations and State Law
19 TAC sec.sec.89.1011, 89.1015, 89.1020, 89.1025, 89.1030, 89.1035, 89.1040, 
89.1045, 89.1050, 89.1055, 89.1060, 89.1065, 89.1070, 89.1075, 89.1080, 89.1085, 
89.1090, 89.1095, 89.1100, 89.1105, 89.1110
The new sections are adopted under the Texas Education Code, sec.sec.29.001, 
29.003, 29.005, 29.011, and 29.012, which authorizes the commissioner of 
education to adopt rules related to delivering special education services. 

sec.89.1011. Referral for Comprehensive Assessment.
Referral of students for possible special education services shall be a part of 
the district's overall, regular education referral or screening system. Prior to 
referral, students experiencing difficulty in the regular classroom should be 
considered for all support services available to all students, such as tutorial, 
remedial, compensatory, and other services. This referral for assessment may be 
initiated by school personnel, the student's parents or legal guardian, or 
another person involved in the education or care of the student.

sec.89.1035. Age Ranges for Student Eligibility.
(a) Pursuant to state and federal law, services provided in accordance with this 
subchapter shall be available to all eligible students on their third birthday. 
A student receiving special education services who is younger than 22 years of 
age on September 1 of a scholastic year shall be eligible for services through 
the end of that scholastic year or until graduation, whichever comes first. 
(b) In accordance with the Texas Education Code (TEC), sec.sec.29.003, 
30.002(a), and 30.081, a free, appropriate, public education shall be available 
from birth to students with visual or auditory impairments. 

sec.89.1040. Eligibility Criteria. 
(a) Special education services. To be eligible to receive special education 
services, a student must have been determined to have one or more of the 
disabilities listed in 34 Code of Federal Regulations (CFR), sec.300.7, or the 
Texas Education Code (TEC), sec.29.003, or both. The provisions in this section 
specify criteria to be used in determining whether a student's condition meets 
one or more of the definitions in federal regulations or in state law. A student 
between the ages of three and five who is evaluated as having mental 
retardation, emotional disturbance, a specific learning disability, or autism 
may be described as noncategorical early childhood. 
(b) Autism. A student with autism is one who evidences the criteria for autism 
as stated in 34 CFR, sec.300.7(b)(1). Students with pervasive developmental 
disorders are included under this category. The team's written report of 
evaluation shall include specific recommendations for behavior management. 
(c) Deaf-blind. A student with deaf-blindness is one who has a combination of 
severe hearing and visual losses after best correction and is determined to be 
eligible as auditorially impaired and as visually impaired according to the 
specific eligibility criteria for each of these disabilities. If an eligible 
student with a visual impairment has a suspected hearing loss that cannot be 
demonstrated conclusively, and if a speech/language evaluation performed by a 
certified speech and hearing therapist, certified speech and language therapist, 
or licensed speech language pathologist indicates there is no speech at an age 
when speech would normally be expected, the student may be eligible for services 
as deaf-blind. 
(d) Auditory impairment. A student with an auditory impairment is one who has 
been determined to have a serious hearing loss even after corrective medical 
treatment or use of amplification. This determination shall have been made by an 
otological examination performed by an otologist or, with documentation that an 
otologist is not reasonably available, by a licensed medical doctor. An 
audiological evaluation by a certified audiologist shall also be conducted. This 
evaluation shall include a description of the implications of the hearing loss 
for the student's hearing in a variety of circumstances with or without 
recommended amplification. 
(e) Mental retardation. A student with mental retardation is one who has been 
determined to be functioning two or more standard deviations below the mean on 
individually administered scales of verbal ability, and either performance or 
nonverbal ability, and who concurrently exhibits deficits in adaptive behavior. 
(f) Multiple disabilities. 
(1) A student with multiple disabilities is one who has a combination of 
disabilities included in this section and who meets all of the following 
conditions: 
(A) the student's disability is expected to continue indefinitely;
(B) the disabilities severely impair performance in two or more of the following 
areas: 
(i) psychomotor skills; 
(ii) self-care skills; 
(iii) communication; 
(iv) social and emotional development; or 
(v) cognition. 
(2) Students who have more than one of the disabilities defined in this section 
but who do not meet the criteria in paragraph (1) of this subsection shall not 
be classified or reported as having multiple disabilities. 
(g) Physical disability. A student with a physical disability is one who meets 
one of the following criteria: 
(1) orthopedic impairment - a student who has been determined by a licensed 
physician to have a severe orthopedic impairment; 
(2) other health impairment - a student who has been determined by a licensed 
physician to have limited strength, vitality, or alertness, due to chronic or 
acute health problems. 
(h) Emotional disturbance. A student with an emotional disturbance is one who 
has been determined to meet the criteria as defined in 34 CFR, sec.300.7(b)(9). 
The team's written report of evaluation shall include specific recommendations 
for behavior management. 
(i) Learning disability. 
(1) A student with a learning disability is one who has been determined by a 
multidisciplinary assessment team to meet the criteria as defined in 34 CFR, 
sec.300.7(b)(10), and in whom the team has determined whether a severe 
discrepancy between achievement and intellectual ability exists in accordance 
with the provisions in 34 CFR, sec.sec.300.540-300.543.
(2) A severe discrepancy exists when the student's assessed intellectual ability 
is above the mentally retarded range, but the student's assessed educational 
achievement in areas specified in 34 CFR, sec.300.541, is more than one standard 
deviation below the student's intellectual ability.
(3) If the multidisciplinary assessment team cannot establish the existence of a 
severe discrepancy in accordance with paragraph (2) of this subsection because 
of the lack of appropriate assessment instruments, or if the student does not 
meet the criteria in paragraph (2) of this subsection but the team believes a 
severe discrepancy exists, the team must document in its written report the 
areas identified under paragraph (2) of this subsection and the basis for 
determining that the student has a severe discrepancy. The report shall include 
a statement of the degree of the discrepancy between intellectual ability and 
achievement. 
(j) Speech impairment. A student with a speech impairment is one who has been 
determined by a certified speech and hearing therapist, certified speech and 
language therapist, or licensed speech language pathologist to meet the criteria 
as defined in 34 CFR, sec.300.7(b)(11). 
(k) Traumatic brain injury. A student with traumatic brain injury is one who has 
been determined by a licensed physician to have an injury to the brain caused by 
an external physical force resulting in total or partial functional disability 
and/or psychosocial impairment. Assessment to determine educational need is 
performed by district personnel qualified to assess those areas identified in 34 
CFR, sec.300.7(b)(12), that are suspected to adversely affect the student's 
educational performance. 
(l) Visual impairment. 
(1) A student who has a visual impairment is one who: 
(A) has been determined by a licensed ophthalmologist or optometrist to have no 
vision or to have a serious visual loss after correction. The visual loss should 
be stated in exact measures of visual field and corrected visual acuity at 
distance and near in each eye. The report should also include prognosis whenever 
possible. If exact measures cannot be obtained, the eye specialist must so state 
and give best estimates; and 
(B) has been determined by the following assessments to have a need for special 
services: 
(i) a functional vision evaluation by a professional certified in the education 
of students with visual impairments or a certified orientation and mobility 
instructor. The evaluation must include the performance of tasks in a variety of 
environments requiring the use of both near and distance vision and 
recommendations concerning the need for a clinical low vision evaluation and an 
orientation and mobility evaluation; and 
(ii) a learning media assessment by a professional certified in the education of 
students with visual impairments. The assessment must include recommendations 
concerning which specific visual, tactual, and/or auditory learning media are 
appropriate for the student and whether or not there is a need for ongoing 
assessment in this area. 
(2) A student who has a visual impairment is functionally blind if, based on the 
preceding assessments, the student will use tactual media (which includes 
Braille) as a primary tool for learning to be able to communicate in both 
reading and writing at the same level of proficiency as other students of 
comparable ability.

sec.89.1050. The Admission, Review, and Dismissal (ARD) Committee. 
(a) Time line. The admission, review, and dismissal (ARD) committee shall make 
its decisions regarding students referred for the first time within 30 calendar 
days from the date of the completion of the written assessment report. If the 
30th day falls during the summer and school is not in session, the ARD committee 
shall have until the first day of classes in the fall to finalize decisions 
concerning placement and the individual educational plan (IEP), unless the 
assessment indicates the student will need extended year services during that 
summer. 
(b) Each school district shall establish at least one ARD committee that shall 
make decisions concerning eligibility determinations, development of the IEP, 
consideration of assistive technology, development of the behavior management 
plans, and placement of a student referred for consideration for special 
education services in accordance with 34 Code of Federal Regulations (CFR), 
sec.sec.300.308, 300.342- 300.349, 300.533, and 300.550-300.554, and Part 300, 
Appendix C; state statute; State Board of Education (SBOE) rules; and this 
subchapter. For a child from birth through two years of age with visual and/or 
auditory impairments, an individualized family services plan (IFSP) meeting must 
be held in place of an ARD committee meeting in accordance with 34 CFR, 
sec.sec.303.340-303.346 and the agreement memorandum between the Texas Education 
Agency (TEA) and Texas Interagency Council on Early Childhood Intervention. 
(c) The teacher that participates in the ARD committee meeting, in accordance 
with 34 CFR, sec.300.344(a)(2), must be certified in the child's suspected areas 
of disability. When a specific certification is not required to serve certain 
disabilities categories, then the teacher must be qualified to provide the 
educational services the child may need. The district may include a regular 
education teacher(s) in addition to a certified special education teacher. 
Districts should refer to sec.89.1131 of this title (relating to Qualifications 
of Special Education, Related Service, and Paraprofessional Personnel) to ensure 
the appropriate teacher participates in the ARD committee meeting. 
(d) The written report of the ARD committee shall document the findings required 
by subsection (b) of this section. The report shall include the date, names, 
positions, and signatures of the members participating in each meeting in 
accordance with 34 CFR, sec.sec.300.344, 300.345, 300.348, and 300.349. The 
report shall also indicate each member's agreement or disagreement with the 
committee's decisions. A district shall obtain written consent in accordance 
with the requirements of 34 CFR, sec.300.500 and sec.300.504(b), before initial 
placement occurs. 
(e) For a student who is new to a school district, the ARD committee may meet 
when the student registers and the parents verify that the student was receiving 
special education services in the previous school district, or the previous 
school district verifies in writing or by telephone that the student was 
receiving special education services. Special education services are temporary, 
contingent upon either receipt of valid assessment data from the previous school 
district or the collection of new assessment data. A second ARD committee 
meeting shall be held within 30 school days from the first ARD committee meeting 
to finalize or develop a new IEP based on the assessment data. 
(f) All disciplinary actions regarding students with disabilities shall be in 
accordance with federal requirements and the Texas Education Code (TEC), Chapter 
37, Subchapter A (relating to Alternative Settings for Behavior Management). The 
ARD committee shall determine the instructional and related services to be 
provided during the time of expulsion. The student's IEP shall include goals and 
objectives designed to assist in returning the student to school and preventing 
significant regression. 
(g) All members of the ARD committee shall have the opportunity to participate 
in a collaborative manner in developing the IEP. A decision of the committee 
concerning required elements of the IEP shall be made by mutual agreement of the 
required members if possible. The committee may agree to an annual IEP or an IEP 
of shorter duration. 
(1) When mutual agreement about all required elements of the IEP is not 
achieved, the party (the parents or adult student) who disagrees shall be 
offered a single opportunity to have the committee recess for a period of time 
not to exceed ten school days. This recess is not required when the student's 
presence on the campus presents a danger of physical harm to the student or 
others or when the student has committed an expellable offense or an offense 
which may lead to a placement in an alternative education program (AEP). 
(2) During the recess the committee members shall consider alternatives, gather 
additional data, prepare further documentation, and/or obtain additional 
resource persons to enable the ARD committee to reach mutual agreement. 
(3) The date, time, and place for continuing the ARD committee meeting shall be 
determined by mutual agreement prior to the recess. 
(4) If a ten-day recess is implemented as provided in paragraph (1) of this 
subsection and the ARD committee still cannot reach mutual agreement, the 
district shall implement the IEP which it has determined to be appropriate for 
this student. 
(5) When mutual agreement is not reached, a written statement of the basis for 
the disagreement shall be included in the IEP. The members who disagree shall be 
offered the opportunity to write their own statements.
(6) When a district implements an IEP with which the parents disagree or the 
adult student disagrees, the district shall provide prior written notice to the 
parents or adult student as required in 34 CFR, sec.300.504 and sec.300.505. 
(7) Parents shall have the right to file a complaint, request mediation, or 
request a due process hearing at any point when they disagree with decisions of 
the ARD committee.

sec.89.1055. Content of the Individual Educational Plan (IEP). 
(a) The individual educational plan (IEP) developed by the admission, review, 
and dismissal (ARD) committee for each student with a disability shall include 
the following information in addition to the requirements of 34 Code of Federal 
Regulations (CFR), sec.300.346, and Part 300, Appendix C: 
(1) information to allow for determining the student's eligibility for 
participation in extracurricular activities; 
(2) a statement addressing nonexemption, modification/accommodation, or 
exemption from some or all of the basic skills assessment instruments, as 
appropriate. Modifications/accommodation of regular classroom procedures which 
are provided for students by the local district as specified in the student's 
IEP shall be provided during the testing process in accordance with sec.101.3 of 
this title (relating to Testing Accommodations and Exemptions); and 
(3) goals and objectives shall be specified if extended year services are 
included in the IEP. 
(b) For students with visual impairments, from birth through 21 years of age, 
the IEP or individualized family services plan (IFSP) shall also meet the 
requirements of Texas Education Code (TEC), sec.30.002(e).
(c) For students with autism/pervasive developmental disorders, information 
about the following shall be considered and, when needed, addressed in the IEP: 
(1) extended educational programming; 
(2) daily schedules reflecting minimal unstructured time;
(3) in-home training or viable alternatives; 
(4) prioritized behavioral objectives; 
(5) prevocational and vocational needs of students 12 years of age or older; 
(6) parent training; and 
(7) suitable staff-to-students ratio. 
(d) If the ARD committee determines that services are not needed in one or more 
of the areas specified in subsection (c)(1)-(7) of this section, the IEP must 
include a statement to that effect and the basis upon which the determination 
was made.

sec.89.1085. Referral for Texas School for the Blind and Visually Impaired and 
Texas School for the Deaf Services. 
(a) Local school district admission, review, and dismissal (ARD) committees may 
refer students for placement at the Texas School for the Blind and Visually 
Impaired or the Texas School for the Deaf in accordance with the provisions of 
34 Code of Federal Regulations (CFR), Part 300; the Texas Education Code (TEC) 
sec.sec.30.021, 30.051, and 30.057; and the applicable rules of this subchapter. 
(b) Local school districts that request the provision of services through the 
Texas School for the Blind and Visually Impaired or the Texas School for the 
Deaf shall comply with the following requirements. 
(1) For each student, the district shall list those services in the student's 
individual educational plan (IEP)which the district cannot appropriately provide 
in a local program and which the Texas School for the Blind and Visually 
Impaired or the Texas School for the Deaf can appropriately provide. 
(2) The district may make an on-site visit to verify that the Texas School for 
the Blind and Visually Impaired or the Texas School for the Deaf can and will 
offer the services listed in the individual student's IEP and to ensure that the 
school offers an appropriate educational program for the student. 
(3) For each student, the local district shall establish in writing criteria and 
estimated time lines for returning the student to the local school district. 
(c) Students enrolled in the Texas School for the Deaf under this section who 
are not referred by local ARD committees shall be supported in accordance with 
TEC, sec.30.003. Upon enrollment of children not referred by local ARD 
committees, the Texas School for the Deaf shall be responsible for free, 
appropriate, education and related services.

sec.89.1105. Memorandum of Understanding Relating to School-Age Residents of 
Intermediate Care Facilities for the Mentally Retarded. 
(a) Schedule for expiration. This section, issued under the Texas Education 
Code, sec.21.508, as adopted by the 71st Texas Legislature, 1979, shall expire 
August 31, 1997. 
(b) Purpose. 
(1) The Texas Department of Human Services (department) and the Texas Education 
Agency (agency) are required by the Texas Education Code, sec.21.511, as adopted 
by the 71st Texas Legislature, to develop and, each by rule, to adopt a 
memorandum of understanding relating to certain respective responsibilities of 
school districts and intermediate care facilities for the mentally retarded 
(ICF-MR). School-age individuals residing in an ICF-MR are, for purposes of 
education, residents of the school district in which the ICF-MR is located.
(2) The purpose of this memorandum is to clarify responsibilities for the 
provision of educational space, educationally related services, and 
noneducational treatment services for school-age individuals who reside in those 
facilities. The department and the agency assure that the responsibilities 
contained herein are consistent with state and federal law and rules and 
regulations relating to the state medical assistance program and the education 
of all students with disabilities. 
(c) Provision of educational space. 
(1) Each school district in which an ICF-MR is located shall ensure that all 
school-age residents of the ICF-MR are provided free, appropriate, public 
education in the least restrictive environment pursuant to 34 Code of Federal 
Regulations (CFR), sec.sec.300.500-300.554, inclusive. The decision as to the 
least restrictive educational arrangement for such a resident must be based on 
the individual's needs and cannot be based on other issues, such as the most 
convenient arrangement for the ICF-MR and/or the school district. 
(2) If the school district's admission, review, and dismissal committee 
determines in accordance with these applicable federal regulations that the ICF-
MR is the least restrictive instructional arrangement for an ICF-MR resident and 
the committee documents, in the resident's individual educational plan, that 
such an educational arrangement is consistent with the resident's medical and 
active treatment needs, the following provisions shall apply: 
(A) the ICF-MR is responsible for providing adequate educational space; 
(B) the costs of providing this educational space, including the costs related 
directly to the operation and maintenance of the educational space itself, are 
an allowable Medicaid expense and may be reported as such on the ICF-MR's 
Medicaid cost report; and 
(C) the ICF-MR shall not charge the school district for any of the costs set 
forth in this section. Any such charge would constitute an illegal 
supplementation of the Medicaid vendor rate. 
(d) Provision of educationally related services and noneducational treatment 
services. 
(1) School-age individuals placed in an ICF-MR by any party other than a school 
district are deemed to be placed primarily for care and treatment purposes. The 
ICF-MR shall determine the individual's care and treatment needs prior to the 
determination of the individual's educational needs by the school district. 
(2) Pursuant to 34 CFR, sec.300.601 and sec.483.440:
(A) an ICF-MR shall not reduce or fail to provide treatment services solely 
because such services are, or may be included in, a school-age resident's 
individual educational plan; and 
(B) a school district shall not reduce or fail to provide educationally related 
services solely because such services are, or may be included in, a school-age 
resident's individual program plan. 
(3) Upon notice of a student's initial admission to the ICF-MR, the school 
district shall act pursuant to sec.89.1050 of this title (relating to The 
Admission, Review, and Dismissal (ARD) Committee).
(4) The ICF-MR shall act pursuant to 42 CFR, sec.483.440, and provide a copy of 
each school-age resident's current assessment report(s) and individual program 
plan to the school district. 
(5) Upon receipt of the ICF-MR's assessment reports and individual program plan, 
and with any additional data the district has collected, the district's 
admission, review, and dismissal committee shall review and update the student's 
individual educational plan as appropriate. 
(e) Coordination of services. 
(1) To ensure the provision of appropriate services and to eliminate or minimize 
duplication of services, the ICF-MR and the school district shall share all 
appropriate client/student records pursuant to the rules and regulations of the 
department and the agency relating to the protection of confidential 
information. 
(2) The ICF-MR and school district shall each ensure that respective 
representatives are allowed to attend and participate as resource persons in all 
individual program plan meetings and admission, review, and dismissal committee 
meetings. 
(3) In accordance with their respective responsibilities as addressed in this 
memorandum of understanding, the ICF-MR and the school district shall enter into 
a written agreement concerning ongoing functions and services. The agreement 
must contain procedures for resolving problems in a timely manner and must 
contain the names of the respective contact persons to which problems should be 
addressed. Such agreements shall be consistent with state and federal laws, 
rules, and regulations relating to the state medical assistance program and the 
education of all students with disabilities program and shall be binding upon 
both parties. 
(f) Resolution of problems. 
(1) In the event that a problem cannot be resolved at the local level to the 
mutual satisfaction of either party, a written request for technical assistance 
may be submitted to the appropriate state agency. 
(A) The ICF-MR should send the request to: Institutional Policy Unit, W-519, 
Long-term Care Department, Texas Department of Human Services, P.O. Box 149030, 
Austin, Texas 78714-9030. 
(B) The school district should send the request to: Texas Education Agency, 
Division of Special Education Programs, 1701 North Congress Avenue, Austin, 
Texas 78701-1494. 
(2) Upon receipt of a request for technical assistance, the department and the 
agency will jointly review the problem(s) indicated in the request. Following 
this review, a recommended resolution, coordinated between the department and 
the agency, will be provided to the requestor. 
(3) Concerns by either the ICF-MR or the school district concerning the 
appropriateness of care, treatment, or education services are subject to the 
procedural safeguards (client/student rights) as established for school-age 
individuals served by an ICF-MR and a school district respectively. Procedural 
safeguards relating to an ICF-MR are contained in state regulations found at 40 
TAC sec.27.507(b), concerning level of care determination, and sec.27.717, 
concerning abuse and neglect reporting requirements. Procedural safeguards 
relating to a school district are contained in the publication, Special 
Education: Parent and Student Rights, Publication No. GEO 312.02.
(g) Terms of the memorandum of understanding. 
(1) This memorandum of understanding shall be adopted by rule by the department 
and the agency and shall be effective upon adoption. 
(2) The memorandum may be considered for expansion, modification, or amendment 
at any time upon the mutual agreement of the executive officers of the 
department and the agency. 
(3) In the event that federal and/or state laws or regulations should be 
amended, federally interpreted, or judicially interpreted so as to render 
continued fulfillment of this agreement unreasonable or impossible, the 
department and the agency agree to amend or terminate this agreement.
(4) The memorandum shall be reviewed jointly and, if necessary, updated prior to 
the close of each fiscal year. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610512
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 1, 1996
Proposal publication date: February 27, 1996
For further information, please call: (512) 463-9701

Special Education Funding
19 TAC sec.89.1121, sec.89.1125
The new sections are adopted under the Texas Education Code, sec.sec.29.001, 
29.003, 29.005, 29.011, and 29.012, which authorizes the commissioner of 
education to adopt rules related to delivering special education services. 

sec.89.1121. Distribution of State Funds. 
(a) Procedures for counting the average daily attendance (ADA) of students 
receiving special education services in various instructional settings shall be 
developed by the commissioner of education and included in the daily register 
for pupil attendance accounting. 
(b) State special education funds shall be distributed to school districts on 
the basis of ADA of full-time equivalents of eligible students served in 
accordance with sec.129.21 of this title (relating to Requirements for Student 
Attendance Accounting for State Funding Purposes). 
(c) The special education attendance shall be converted to contact hours by 
instructional arrangement and then to full-time equivalents. The full-time 
equivalent for each instructional arrangement is multiplied by the school 
district's adjusted basic allotment and then multiplied by the weight for the 
instructional arrangement as prescribed in the Texas Education Code (TEC), 
sec.42.151(a). Contact hours for any one student receiving special education 
services may not exceed six hours per day or 30 hours per week for funding 
purposes. The total contact hours generated per week shall be divided by 30 to 
determine the full- time equivalents. Special education full-time equivalents 
generated shall be deducted from the school district's ADA for purposes of the 
regular education allotment. 
(d) The receipt of special education funds shall be contingent upon the 
operation of an approved comprehensive special education program in accordance 
with state and federal laws and regulations. No district may divert special 
education funds for other purposes, with the exception of administrative costs 
as defined in Chapter 105, Subchapter B, of this title (relating to Maximum 
Indirect Cost Allowable on Certain Foundation School Program Allotments). Funds 
generated by full-time equivalents in one instructional arrangement may be spent 
on the overall special education program and are not tied to the instructional 
arrangement in which they were generated. The district must maintain separate 
accountability for the total state special education program fund within the 
general fund. 
(e) A special education fund balance may be carried over to the next fiscal year 
and must be expended on the special education program in the subsequent year. 
State special education carryover funds cannot be used for administrative costs. 
(f) Students who are at least three, but younger than 22, years of age on 
September 1 of the current scholastic year who participate in the regional day 
school program for the deaf may be counted as part of the district's ADA if they 
receive instruction from the basic program for at least 50% of the school day. 
(g) Students from birth through age two with a visual or auditory impairment or 
both who are provided services by the district according to an individual family 
services plan (IFSP) shall be enrolled on the district home or regional day 
school campus and shall be considered eligible for ADA on the same basis as 
other students receiving special education services.
(h) Funding for the mainstream special education instructional arrangement shall 
be based on the average daily attendance of the students in the arrangement 
multiplied by the adjusted basic allotment/adjusted allotment (ABA/AA) and the 
1.1 weight. The attendance shall not be converted to contact hours/full-time 
equivalents as with the other instructional arrangements.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610513
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 1, 1996
Proposal publication date: February 27, 1996
For further information, please call: (512) 463-9701

Special Education and Related Service Personnel
19 TAC sec.89.1131
The new section is adopted under the Texas Education Code, sec.sec.29.001, 
29.003, 29.005, 29.011, and 29.012, which authorizes the commissioner of 
education to adopt rules related to delivering special education services.

sec.89.1131. Qualifications of Special Education, Related Service, and 
Paraprofessional Personnel. 
(a) All special education and related service personnel shall be certified, 
endorsed, or licensed in the area or areas of assignment in accordance with 34 
Code of Federal Regulations (CFR), sec.300.15 and sec.300.153; the Texas 
Education Code (TEC), sec.sec.21.002, 21.003, and 29.304; or appropriate state 
agency credentials. 
(b) A teacher who holds a special education certificate or an endorsement may be 
assigned to any level of a basic special education instructional program serving 
students 3-21 years of age, in accordance with the limitation of their 
certification, except for the following. 
(1) Persons assigned to provide speech therapy instructional services must hold 
a valid Texas Education Agency (TEA) certificate in speech and hearing therapy 
or speech and language therapy, or a valid state license as a speech language 
pathologist. 
(2) Teachers holding only a special education endorsement for early childhood 
education for children with disabilities shall be assigned only to programs 
serving infants through Grade 6. 
(3) Teachers assigned full-time to teaching students who are orthopedically 
impaired or other health impaired with the teaching station in the home or a 
hospital shall not be required to hold a special education certificate or 
endorsement as long as the personnel file contains an official transcript 
indicating that the teacher has completed a three-semester-hour survey course in 
the education of students with disabilities and three semester hours directly 
related to teaching students with physical impairments or other health 
impairments. 
(4) Teachers certified in the education of students with visual impairments must 
be available to students who are visually impaired through one of the school 
district's instructional options, a shared service arrangement unit with other 
school districts, or an education service center (ESC). These teachers must 
attend admission, review, and dismissal (ARD) committee and individualized 
family services plan (IFSP) meetings when a student, birth through 21 years of 
age, with a visual impairment is being considered. 
(5) Teachers certified in the education of students with auditory impairments 
must be available to students who are auditorially impaired through one of the 
school district's instructional options, a regional day school program for the 
deaf, a shared service arrangement unit with other school districts, or an ESC. 
These teachers must attend ARD committee and IFSP meetings when a student, birth 
through 21 years of age, with an auditory impairment is being considered. 
(6) The following provisions apply to physical education.
(A) When the ARD committee has made the recommendation and the arrangements are 
specified in the student's individual educational plan (IEP), physical education 
may be provided by the following personnel: 
(i) special education instructional or related service personnel who have the 
necessary skills and knowledge; 
(ii) physical education teachers; 
(iii) occupational therapists; 
(iv) physical therapists; or 
(v) occupational therapy assistants or physical therapy assistants working under 
supervision in accordance with the standards of their profession.
(B) When these services are provided by special education personnel, the 
district must document that they have the necessary skills and knowledge. 
Documentation may include, but need not be limited to, inservice records, 
evidence of attendance at seminars or workshops, or transcripts of college 
courses. 
(7) Teachers assigned full-time or part-time to instruction of students from 
birth through age two with visual impairments shall be certified in the 
education of students with visual impairments. Teachers assigned full-time or 
part-time to instruction of students from birth through age two who are deaf 
shall be certified in education for students who are deaf and severely hard of 
hearing. Other certifications for serving these students shall require prior 
approval from TEA. 
(8) Teachers with secondary certification with the generic delivery system may 
be assigned to teach Grades 6-12 only. 
(c) Paraprofessional personnel may be assigned to work with eligible students, 
special education teachers, and related service personnel. Aides may also be 
assigned to assist students with special education transportation or serve as a 
job coach. Aides paid from state administrative funds may be assigned to the 
Special Education Resource System (SERS), the Special Education Management 
System (SEMS), or other special education clerical or administrative duties. 
(d) This subsection will expire August 31, 1997. An aide may be assigned to 
function as a teacher assistant under the following conditions.
(1) Qualifications shall include all of the following: 
(A) high school graduate or equivalent; 
(B) 30 semester hours of college credit with some emphasis on child growth and 
development or related areas, or a minimum of three years experience working 
directly with children or youth (as appropriate) in instructional or child care 
facilities; and 
(C) documented ongoing inservice or other staff development activities related 
to the education of students with disabilities. 
(2) Assignment of an aide as a teacher assistant shall be for the following 
purposes: 
(A) providing individualized instruction in an environment other than the 
designated supervising teacher's classroom; 
(B) reinforcing academic or developmental skills requiring extensive repetition 
or drill and practice on skills which have been previously taught by the 
supervising teacher; and 
(C) assisting students in job training/employment and community-based 
instructional programs. 
(3) Supervision shall be by a certified special education teacher who is 
directly responsible for the implementation of the students' IEPs and evaluation 
of their progress. For teacher assistants operating under paragraph (2)(A) and 
(B) of this subsection, supervision shall be for a minimum of one hour per day 
during student instruction, in addition to the time necessary for joint planning 
and preparation. For teacher assistants operating under paragraph (2)(C) of this 
subsection, supervision shall be for a minimum of one hour per day or five hours 
per week. 
(4) Assignment shall be in one of the following: 
(A) homebound; 
(B) hospital class; 
(C) self-contained classes listed in sec.89.63 of this title (relating to 
Instructional Arrangements and Settings); 
(D) off home campus; or 
(E) vocational adjustment class.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610514
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 1, 1996
Proposal publication date: February 27, 1996
For further information, please call: (512) 463-9701

Regional Education Service Center Special Education Programs
19 TAC sec.89.1141
The new section is adopted under the Texas Education Code, sec.sec.29.001, 
29.003, 29.005, 29.011, and 29.012, which authorizes the commissioner of 
education to adopt rules related to delivering special education services. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610515
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 1, 1996
Proposal publication date: February 27, 1996
For further information, please call: (512) 463-9701

Hearings Concerning Students with Disabilities Under the Individuals with 
Disabilities Education Act
19 TAC sec.sec.89.1151, 89.1155, 89.1160, 89.1165, 89.1170, 89.1175, 89.1180, 
89.1185, 89.1190
The new sections are adopted under the Texas Education Code, sec.sec.29.001, 
29.003, 29.005, 29.011, and 29.012, which authorizes the commissioner of 
education to adopt rules related to delivering special education services. 

sec.89.1170. Impartial Hearing Officer. 
(a) Hearings shall be conducted by an independent, impartial hearing officer 
appointed by the commissioner of education. The hearing officer selected by the 
commissioner shall not be a person who: 
(1) is an employee of a public agency that is involved in the education or care 
of the student; or 
(2) has a personal or professional interest that would conflict with his or her 
objectivity in the hearing. 
(b) The hearing officer has the authority to administer oaths; call and examine 
witnesses; rule on motions, including discovery and dispositive motions; 
determine admissibility of evidence and amendments to pleadings; maintain 
decorum; schedule and recess the proceedings from day to day; and make any other 
orders as justice requires, including the application of sanctions as necessary 
to maintain an orderly hearing process. 
(c) If the hearing officer is removed, dies, becomes disabled, or withdraws from 
an appeal before the completion of duties, the commissioner of education may 
designate a substitute hearing officer to complete the performance of duties 
without the necessity of repeating any previous proceedings. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610516
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 1, 1996
Proposal publication date: February 27, 1996
For further information, please call: (512) 463-9701

CHAPTER 143. Assignment of Personnel
SUBCHAPTER A. General Provisions
19 TAC sec.143.1
The Texas Education Agency (TEA) adopts the repeal of sec.143.1, concerning 
assignment of education personnel, without changes to the proposed text as  
published in the April 30, 1996, issue of the Texas Register (21 TexReg 3667). 

The section specifies minimum teaching duties for public school teachers.
The repeal is necessary to comply with the sunset review process mandated
by Senate Bill 1, 74th Texas Legislature, 1995. 
No comments have been received regarding adoption of the repeal. 
The repeal is adopted under the Texas Education Code, sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610525
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: August 12, 1996
Proposal publication date: April 30, 1996
For further information, please call: (512) 463-9701

CHAPTER 145. Professional Environment
The Texas Education Agency (TEA) adopts the repeal of sec.145.1 and sec.145.22, 
concerning professional environment, without changes to the proposed text as 
published in the April 30, 1996, issue of the Texas Register (21 TexReg 3667). 
The sections describe a professional environment in public schools and establish 
requirements regarding developmental leave for teachers and other certified 
personnel in school districts. The repeals are necessary to comply with the 
sunset review process mandated by Senate Bill 1, 74th Texas Legislature, 1995. 
No comments have been received regarding adoption of the repeals.

SUBCHAPTER A. Professional Environment in General
19 TAC sec.145.1
The repeal is adopted under the Texas Education Code, sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610526
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: August 12, 1996
Proposal publication date: April 30, 1996
For further information, please call: (512) 463-9701

SUBCHAPTER B. Employment Assurances
19 TAC sec.145.22
The repeal is adopted under the Texas Education Code, sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610527
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: August 12, 1996
Proposal publication date: April 30, 1996
For further information, please call: (512) 463-9701

CHAPTER 149. Education Personnel Development
The Texas Education Agency (TEA) adopts the repeal of sec.sec.149.1 and 149.41-
149.46, concerning education personnel development, without changes to the 
proposed text as published in the April 30, 1996, issue of the Texas Register 
(21 TexReg 3668). The sections establish definitions, requirements, and 
procedures related to: the purpose and administration of a statewide education 
personnel development program; teacher and administrator performance criteria; 
teacher and administrator appraisal procedures; and teacher appraisal 
instruments, scoring procedures, and forms. The repeals are necessary to comply 
with the sunset review process mandated by Senate Bill 1, 74th Texas 
Legislature, 1995. New Chapter 150 (relating to Commissioner's Rules Concerning 
Educator Appraisal) is adopted under the authority of the commissioner of 
education in a separate submission to replace current sec.sec.149.41-149.46. 
No comments have been received regarding adoption of the repeals.

SUBCHAPTER A. Education Personnel Development Program
19 TAC sec.149.1
The repeal is adopted under the Texas Education Code, sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610528
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: August 12, 1996
Proposal publication date: April 30, 1996
For further information, please call: (512) 463-9701

SUBCHAPTER B. Inservice Education
19 TAC sec.149.21
The Texas Education Agency (TEA) adopts the repeal of sec.149.21, concerning 
inservice education, without changes to the proposed text as published in the 
June 11, 1996, issue of the Texas Register (21 TexReg 5231). The section 
establishes definitions, requirements, and procedures related to staff 
development. Senate Bill 1, 74th Texas Legislature, 1995, transferred authority 
for the information contained in this section from the State Board of Education 
to the commissioner of education. The repeal is necessary to comply with Senate 
Bill 1. 
No comments have been received regarding adoption of the repeal.
The repeal is adopted under the Texas Education Code, sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610529
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: August 12, 1996
Proposal publication date: June 11, 1996
For further information, please call: (512) 463-9701

SUBCHAPTER C. Appraisal of Certified Personnel
19 TAC sec.sec.149.41-149.46
The repeals are adopted under the Texas Education Code, sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610530
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: August 12, 1996
Proposal publication date: April 30, 1996
For further information, please call: (512) 463-9701

CHAPTER 150. Commissioner's Rules Concerning Educator Appraisal 
19 TAC sec.sec.150.1001-150.1006
The Texas Education Agency (TEA) adopts new sec.sec.150.1001-150.1006, 
concerning educator appraisal. Section 150.1001 is adopted with changes to the 
proposed text as published in the April 30, 1996, issue of the Texas Register 
(21 TexReg 3668). Sections 150.1002-150.1006 are adopted without changes and 
will not be republished. 
The sections establish definitions, requirements, and procedures related to the 
teacher and administrator appraisal systems recommended by the commissioner of 
education. The new sections are adopted as part of the sunset review process 
mandated by Senate Bill 1, 74th Texas Legislature, 1995. The repeal of current 
Chapter 149, Subchapter C (relating to Appraisal of Certified Personnel), is 
adopted in a separate submission. 
The following changes to sec.150.1001 were made in response to public comment. 
In sec.150.1001(a), reference to noncertified teachers and administrators was 
deleted. Section 150.1001(c), which lists professional personnel who must be 
appraised, was deleted. Paragraphs (1) and (2) of subsection (c) remain, but now 
fall under subsection (b). 
The Texas Classroom Teachers Association recommended that, under sec.150.1006, 
staff input concerning administrator evaluations be anonymous. The agency does 
not agree with the proposed changes. Individuals being appraised are entitled to 
full disclosure of all information considered in their appraisals. The Senate 
Education Committee indicated that the commissioner has rulemaking authority for 
appraisal of only teachers and administrators. In response, the agency made the 
changes to sec.150.1001(a) and (c) discussed earlier in this preamble. 
The new sections are adopted under the Texas Education Code, sec.sec.21.351-
21.356, which directs the commissioner of education to adopt a recommended 
appraisal process and criteria on which to appraise the performance of teachers 
and various classifications of school administrators. The sections also direct 
the commissioner to develop and periodically update a job description and an 
evaluation form for use by school districts in evaluating school counselors. 

sec.150.1001. General Provisions. 
(a) Each teacher and administrator shall be appraised annually in the 
performance of his or her duties. This requirement shall apply to all certified 
personnel classified in the Texas Education Code, sec.21.041.
(b) The results of the appraisal of teachers shall be used for professional 
staff development purposes and shall be considered before making a decision not 
to renew a teaching contract if the evaluations are relevant to the action of 
the school district board of trustees. The results of the appraisal of 
administrators shall be used for staff development purposes and consideration of 
the performance of a principal's campus on the indicators established under the 
Texas Education Code, sec.39.051, and the campus' objectives. 
(1) Each administrator shall be appraised annually by at least one appraiser, 
the administrator's supervisor, using the state criteria and procedures approved 
by the commissioner of education under sec.150.1005 of this title (relating to 
Commissioner-Recommended Administrator Appraisal Process: Performance Criteria 
and Descriptors) and sec.150.1006 of this title (relating to Commissioner-
Recommended Administrator Appraisal Process: Procedures) or criteria and 
procedures adopted by the school district board of trustees. 
(2) Each appraiser shall be trained in the appropriate use of the evaluation 
instruments. 
(c) Each school district shall appraise teachers using one of the following 
methods: 
(1) the state appraisal process and performance criteria recommended by the 
commissioner of education and outlined in sec.150.1002 of this title (relating 
to Commissioner-Recommended Teacher Appraisal System: Performance Criteria), 
sec.150.1003 of this title (relating to Commissioner-Recommended Teacher 
Appraisal System: Procedures), and sec.150.1004 of this title (relating to 
Commissioner-Recommended Teacher Appraisal System: Instrument, Scoring 
Procedures, and Forms); or 
(2) an appraisal process and performance criteria that is: 
(A) based on observable, job-related behavior, including the performance of a 
teacher's students and management procedures; 
(B) developed by the district- and campus-level planning and decision-making 
committees (which are established under the Texas Education Code, sec.11.251) 
using the procedures established under the Texas Education Code, 
sec.21.351(a)(1) and (2); and 
(C) adopted by the school district board of trustees.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610531
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: August 12, 1996
Proposal publication date: April 30, 1996
For further information, please call: (512) 463-9701

CHAPTER 153. School District Personnel
SUBCHAPTER AA. Commissioner's Rules Concerning School District
Personnel Duties and Bebefits
19 TAC sec.153.1001
The Texas Education Agency (TEA) adopts new sec.153.1001, concerning school 
district personnel duties and benefits, without changes to the proposed text as 
published in the June 14, 1996, issue of the Texas Register (21 TexReg 5421). 
The Texas Education Code grants classroom teachers and full-time librarians a 
duty-free lunch except in the event of a personnel shortage, extreme economic 
conditions, or an unavoidable or unforeseen circumstance. The new section 
provides guidelines for school districts regarding these exceptions. 
Senate Bill 1, 74th Texas Legislature, 1995, transferred authority for the 
information contained in this section from the State Board of Education to the 
commissioner of education. New sec.153.1001 is adopted as part of the sunset 
review process mandated by Senate Bill 1. 
No comments have been received regarding adoption of the new section.
The new section is adopted under the Texas Education Code, sec.21.405, which 
authorizes the commissioner of education to prescribe by rule guidelines for 
determining what constitutes a personnel shortage, extreme economic conditions, 
or an unavoidable or unforeseen circumstance for purposes relating to statutory 
requirements concerning provision of a duty-free lunch.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610532
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: August 12, 1996
Proposal publication date: June 14, 1996
For further information, please call: (512) 463-9701

CHAPTER 181. Procedure
The Texas Education Agency (TEA) adopts the repeal of sec.sec.181.1-181.18 and 
181.31-181.33, concerning the Teachers' Professional Practices Commission, 
without changes to the proposed text as published in the April 30, 1996, issue 
of the Texas Register (21 TexReg 3672).
The sections outline hearing procedures for submitting, reviewing, and making 
recommendations to the commissioner of education regarding complaints of 
educators against educators. The sections also specify the organization and 
duties of the Teachers' Professional Practices Commission. The repeals are 
necessary to comply with the sunset review process mandated by Senate Bill 1, 
74th Texas Legislature, 1995. 
No comments have been received regarding adoption of the repeals.

SUBCHAPTER A. Complaints and Hearings
19 TAC sec.sec.181.1-181.18
The repeals are adopted under the Texas Education Code, sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610533
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: August 12, 1996
Proposal publication date: April 30, 1996
For further information, please call: (512) 463-9701

SUBCHAPTER B. Meetings
19 TAC 181.31-181.33
The repeals are adopted under the Texas Education Code, sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 22, 1996.
TRD-9610534
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: August 12, 1996
Proposal publication date: April 30, 1996
For further information, please call: (512) 463-9701

TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART X. Texas Water Development Board
CHAPTER 363.Financial Assistance Programs
The Texas Water Development Board (the board) adopts amendments to sec.363.33, 
Interest Rates for Loans and Purchase of Board's Interest in State Participation 
Projects and sec.363.502, Definition of Terms without change to the proposed 
text as published in the June 11, 1996 issue of the Texas Register (21 TexReg 
5241) and will not be republished. 
The amendment to sec.363.33 will reduce the interest rate for SRF variable rate 
loans resulting from the Board's cost savings on extension of its Standby Bond 
Purchase Agreement. The amendments to sec.363.502 will remove definitions no 
longer used in the text of the rule. 
No comments were received regarding the proposed amendments.

SUBCHAPTER A.General Provisions
Formal Action by the Board
31 TAC sec.363.33
The amendments are adopted under the authority of the Texas Water Code, 
sec.6.101, sec.16.342, and sec.15.605 which provides the Texas Water Development 
Board with the authority to adopt rules necessary to carry out the powers and 
duties in the Water Code and other laws of the State, including the SRF Program. 
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. 
Issued in Austin, Texas, on July 18, 1996.
TRD-9610381
Suzanne Schwartz
General Counsel 
Texas Water Development Board .
Effective date: August 8, 1996
Proposed publication date: June 11, 1996 
For further information please call: (512) 463-7981

SUBCHAPTER E.Economically Distressed Areas Program
31 TAC sec.363.502 
The amendments are adopted under the authority of the Texas Water Code, 
sec.6.101, sec.16.342, and sec.15.605 which provides the Texas Water Development 
Board with the authority to adopt rules necessary to carry out the powers and 
duties in the Water Code and other laws of the State, including the SRF Program.
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. 
Issued in Austin, Texas, on July 18, 1996.
TRD-9610395
Suzanne Schwartz
General Counsel 
Texas Water Development Board .
Effective date: August 8, 1996
Proposed publication date: June 11, 1996 
For further information please call: (512) 463-7981

SUBCHAPTER G.Small Community Emergency Loan
The Texas Water Development Board (the board) adopts amendments to Chapter 363, 
Financial Assistance Programs, as new Subchapter G, Small Community Emergency 
Loan program. Sections 363.701-363.704, sec.sec.363.711-363.714, 
sec.sec.363.721-363.724, and sec.sec.363.731-363.735, are adopted without 
changes to the proposed text as published in the June 14, 1996, issue of the 
Texas Register (21 TexReg 5431) and will not be republished.
The new sections are adopted to provide emergency loans for small communities 
under the Water Assistance Fund. The rules will provide for loans to communities 
having a population of 15,000 or less on an expedited basis when an emergency 
situation exists that poses a threat to the public health or safety or has 
resulted in illness, injury or human fatality and the community is unable to 
finance the solution through other means. 
No comments were received on the proposed sections. 

Introductory Provisions
31 TAC sec.sec.363.701-363.704
The new sections are adopted under Texas Water Code, sec.6.101 which requires 
the board to adopt rules that are necessary to carry out the program provided by 
Water Code, Subchapter B, Chapter 15. 
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. 
Issued in Austin, Texas, on July 18, 1996.
TRD-9610396
Suzanne Schwartz
General Counsel 
Texas Water Development Board .
Effective date: August 8, 1996
Proposed publication date: June 14, 1996 
For further information please call: (512) 463-7981

Application Procedure
31 TAC sec.sec.363.711-363.174
The new sections are adopted under Texas Water Code, sec.6.101 which requires 
the board to adopt rules that are necessary to carry out the program provided by 
Water Code, Subchapter B, Chapter 15.
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. 
Issued in Austin, Texas, on July 18, 1996.
TRD-9610397
Suzanne Schwartz
General Counsel 
Texas Water Development Board .
Effective date: August 8, 1996
Proposed publication date: June 14, 1996 
For further information please call: (512) 463-7981

Closing and Release of Funds
31 TAC sec.sec.363.721-363.72
The new sections are adopted under Texas Water Code, sec.6.101 which requires 
the board to adopt rules that are necessary to carry out the program provided by 
Water Code, Subchapter B, Chapter 15.
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. 
Issued in Austin, Texas, on July 18, 1996.
TRD-9610398
Suzanne Schwartz
General Counsel 
Texas Water Development Board .
Effective date: August 8, 1996
Proposed publication date: June 14, 1996 
For further information please call: (512) 463-7981

Construction and Post-Construction Phase 
31 TAC sec.sec.363.731-363.735 
The new sections are adopted under Texas Water Code, sec.6.101 which requires 
the board to adopt rules that are necessary to carry out the program provided by 
Water Code, Subchapter B, Chapter 15.
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. 
Issued in Austin, Texas, on July 18, 1996.
TRD-9610399
Suzanne Schwartz
General Counsel 
Texas Water Development Board .
Effective date: August 8, 1996
Proposed publication date: June 14, 1996 
For further information please call: (512) 463-7981

TITLE 34. PUBLIC FINANCE
PART I. Comptroller of Public Accounts
CHAPTER 3.Tax Administration
SUBCHAPTER O.State Sales and Use Tax
34 TAC sec.3.364
The Comptroller of Public Accounts adopts a new sec.3.364, concerning staff 
leasing services, without changes to the proposed text as published in the May 
24, 1996, issue of the Texas Register (21 TexReg 4518). 
The new section clarifies services performed by staff leasing companies as 
defined under the Tax Code, sec.151.057. 
No comments were received regarding adoption of the new section. 
The new section is adopted under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2. 
The new section implements the Tax Code, sec.151.057. 
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. 
Issued in Austin, Texas, on July 22, 1996.
TRD-9610510
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts 
Effective date: August 12, 1996
Proposed publication date: May 24, 1996 
For further information please call: (512) 463-4028

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART I. Texas Department of Human Services
CHAPTER 79.Legal Services
SUBCHAPTER E.Advisory Committee
40 TAC sec.79.403, sec.79.404
The Texas Department of Human Services (DHS) adopts amendments to sec.79.403 and 
sec.79.404 regarding mandated advisory committees and committees established by 
the Texas Board of Human Services in its Legal Services chapter. The amendments 
are adopted without changes to the proposed text published in the June 14, 1996, 
issue of the Texas Register (21 TexReg 5435). 
The justification for the amendments is to establish the Child and Adult Care 
Food Program Advisory Committee and delete outdated rule information. The 
amendments will function by ensuring that opportunities for citizen 
participation in agency advisory committee is maximized. 
No comments were received regarding adoption of the amendments. 
The amendments are adopted under the Human Resources Code, Title 2, Chapters 22, 
32, and 44 which provides the department with the authority to administer public 
and medical assistance programs and federal and state day care programs. 
The amendments implement the Human Resources Code sec.22.009, sec.32.021, and 
sec.44.061 and the Health and Safety Code, sec.242.039 and sec.247.051.
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. 
Issued in Austin, Texas, on July 22, 1996.
TRD-9610537
Glenn Scott
General Counsel, Legal Services
Effective date: September 1, 1996
Proposal publication date: June 14, 1996
For further information, please call: (512) 438-3765

PART III. Texas Commission on Alcohol and Drug Abuse
CHAPTER 143.Awards
SUBCHAPTER A.Funding Mechanisms
40 TAC sec.143.17
The Texas Commission on Alcohol and Drug Abuse adopts new sec.143.17, concerning 
emergency purchase procedures. The section is adopted without changes to the 
proposed text as published in the June 4, 1996 issue of the Texas Register (21 
TexReg 4981) and will not be republished. 
The section is being adopted to set forth the process used to secure emergency 
services for clients on a temporary basis. 
The effect of this rule will be that interim services can be secured for clients 
who would otherwise suffer adverse consequences. 
No comments were received regarding adoption of the new section. 
The new section is adopted under the Texas Health and Safety Code, 
sec.461.012(15), which provides the Texas Commission on Alcohol and Drug Abuse 
with the authority to adopt rules governing the functions of the commission, 
including rules that prescribe the policies and procedures followed by the 
commission in administering any commission programs. 
The code affected by the proposed adoption is Texas Health and Safety Code, 
Chapter 461. 
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. 
Issued in Austin, Texas, on July 18, 1996.
TRD-9610366
Mark S. Smock
Assistant Deputy for Finance 
Texas Commission on Alcohol and Drug Abuse
Effective date: August 8, 1996
Proposed publication date: June 4, 1996 
For further information please call: (512) 867-8241

CHAPTER 148.Facility Licensure
SUBCHAPTER A.Licensure Information
40 TAC sec.148.61
The Texas Commission on Alcohol and Drug Abuse adopts an amendment to 
sec.148.61, concerning definitions with changes to the proposed text as 
published in the June 4, 1996 issue of the Texas Register (21 TexReg 4981). 
The section defines terms used in the chapter. Amendments are adopted to the 
definitions of approved clinical training institution, direct supervision, 
licensed master social worker, physician, and qualified credentialed counselor. 
In the definition of direct supervision, the proposed requirement for daily 
contact between the supervisor and trainee has been dropped. The commission 
believes the other provisions ensure adequate supervision without burdening 
supervisors with daily documentation. 
The rule will ensure greater opportunity for organizations to become approved 
clinical training institutions and hire counselor interns. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under the Texas Health and Safety Code, sec.464.009, 
which provides the Texas Commission on Alcohol and Drug Abuse with the authority 
to adopt rules for licensing chemical dependency treatment facilities. 
The code affected by the proposed amendment is the Texas Health and Safety Code, 
Chapter 464. 

sec.148.61.Definitions.
The following terms, when used in this chapter, shall have the following 
meanings unless the context clearly indicates otherwise. 
Approved clinical training institution--An individual or legal entity approved 
by the commission to supervise a counselor trainee who performs counseling, 
assessments, or interventions. The commission currently recognizes chemical 
dependency treatment facilities licensed by the commission or exempt from 
commission licensure which are approved as clinical training sites. Other 
programs or entities requesting this designation must receive approval on a 
case-by-case basis.
Direct supervision--Oversight and direction of a counselor trainee provided by a 
qualified credentialed counselor. If the trainee has less than 2,000 hours of 
supervised work experience, the supervisor must be on site when the trainee is 
providing services. If the trainee has at least 2,000 hours of documented 
supervised work experience, the supervisor may be on site or immediately 
accessible by telephone. The qualified credentialed counselor shall:
(A) (No change.) 
(B) be available for assistance; 
(C) conduct a complete review of the trainee's written work product at least 
weekly; 
(D) observe the trainee providing services to chemical dependency clients at 
least weekly; and 
(E) meet with the trainee at least weekly to provide written and verbal feedback 
and direction. 
Licensed master social worker (LMSW)--An individual who is licensed as a master 
social worker by the Texas State Board of Social Work Examiners. 
Physician--A physician licensed by the Texas State Board of Medical Examiners, 
or a physician employed by any agency of the United States who has a license in 
any other state of the United States. 
Qualified credentialed counselor (QCC)--A licensed chemical dependency counselor 
or one of the professionals listed below who can demonstrate two years of 
chemical dependency counseling experience or one year of chemical dependency 
counseling experience and 90 clock hours (six semester hours) of chemical 
dependency training including the 12 core functions from an  accredited college 
or university or an education provider approved by Texas Association of 
Alcoholism and Drug Abuse Counselors. Documentation shall be available upon 
request. The following professionals are eligible to serve as qualified 
credentialed counselors: 
(A)-(C) (No change.) 
(D) licensed physicians; 
(E)-(H) (No change.) 
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.
Issued in Austin, Texas, on July 18, 1996.
TRD-9610369
Mark S. Smock
Assistant Deputy for Finance 
Texas Commission on Alcohol and Drug Abuse
Effective date: August 8, 1996
Proposed publication date: June 4, 1996 
For further information please call: (512) 867-8241

SUBCHAPTER E.Treatment Process
40 TAC sec.148.323
The Texas Commission on Alcohol and Drug Abuse adopts an amendment to 
sec.148.323, concerning discharge summaries. The amendment is adopted without 
changes to the proposed text published in the June 4, 1996, issue of the Texas 
Register (21 TexReg 4982) and will not be republished. 
The amendment requires a discharge summary to be signed by a qualified 
credentialed counselor. 
This rule will ensure that a qualified credentialed counselor will be clearly 
responsible for the clients course of treatment from admission to discharge and 
will ensure the accuracy of the discharge summary. 
No comments were received regarding adoption of the amendment.
The amendment is proposed under the Texas Health and Safety Code, sec.464.009, 
which provides the Texas Commission on Alcohol and Drug Abuse with the authority 
to adopt rules for licensing chemical dependency treatment facilities. 
The code affected by the proposed amendment is the Texas Health and Safety Code, 
Chapter 464. 
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. 
Issued in Austin, Texas, on July 18, 1996.
TRD-9610370
Mark S. Smock
Assistant Deputy for Finance 
Texas Commission on Alcohol and Drug Abuse
Effective date: August 8, 1996
Proposed publication date: June 4, 1996 
For further information please call: (512) 867-8241

CHAPTER 149.Court Commitments
SUBCHAPTER A.Civil Court Commitments
40 TAC sec.149.1
The Texas Commission on Alcohol and Drug Abuse adopts new sec.149.1, concerning 
definitions relating to court commitments. The section is adopted without 
changes to the proposed text as published in the June 4, 1996, issue of the 
Texas Register (21 TexReg 4982) and will not be republished. 
The new section is being adopted to define terms used in this chapter. The rule 
will provide a clear understanding of terms used in this chapter. No comments 
were received regarding adopt of the new section. 
The new section is adopted under the Texas Health and Safety Code,  
sec.461.012(15), which provides the Texas Commission on Alcohol and Drug Abuse 
with the authority to adopt rules and standards for approval of chemical 
dependency treatment facilities to accept court commitments. 
The code affected by the proposed adoption is the Texas Health and Safety Code, 
Chapter 461. 
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. 
Issued in Austin, Texas, on July 18, 1996.
TRD-9610367
Mark S. Smock
Assistant Deputy for Finance 
Texas Commission on Alcohol and Drug Abuse
Effective date: August 8, 1996
Proposed publication date: June 4, 1996 
For further information please call: (512) 867-8241

CHAPTER 150.Counselor Licensure
40 TAC sec.150.3, sec.150.38
The Texas Commission on Alcohol and Drug Abuse adopts amendments to sec.150.3 
and sec.150.38, concerning definitions and license expiration and renewals with 
changes to the proposed text as published in the June 4, 1996, issue of the 
Texas Register (21 TexReg 4984). 
Section 150.3 defines terms used in the chapter. Amendments are adopted to the 
definitions of approved clinical training institution, direct supervision, 
licensed master social worker, physician, qualified credentialed counselor, and 
related education hours. In the definition of direct supervision, a proposed 
requirement for daily contact between the supervisor and trainee has been 
dropped. The commission believes the remaining provisions ensure adequate 
supervision without burdening supervisors with daily documentation. The 
commission had also proposed changing the definition of related education hours 
so that related education hours could only be used for initial licensure. 
Recognizing that related education can be valuable throughout a counselor's 
career, the commission has decided to drop this proposal. 
The amendments in sec.150.38 pertain to continuing education requirements for 
licensure renewal. The proposed rule change required 45 hours of continuing 
education to be in the field of chemical dependency. After further discussion, 
the commission has decided to require only 15 hours specific to chemical 
dependency, allowing an additional 30 hours to be specific or related education. 
Section 150.3 will ensure a wider range of opportunities for counselor interns 
and less confusion for counselor applicants. Section 150.38 will ensure that 
licensee's will have a clear understanding of renewal requirements.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Texas Civil Statutes, Article 4512o, sec.5 
which provide the Texas Commission on Alcohol and Drug Abuse with the authority 
to establish procedures for the licensure of chemical dependency counselors. 
The statute affected by the proposed amendments is Texas Civil Statutes, Article 
4512o. 

sec.150.3.Definitions.
The following terms, when used in this chapter, shall have the following 
meanings unless the context clearly indicates otherwise. 
Approved clinical training institution--An individual or legal entity approved 
by the commission to supervise a counselor trainee who performs counseling, 
assessments, or interventions. The commission currently recognizes chemical 
dependency treatment facilities licensed by the commission or exempt from 
commission licensure which are approved as clinical training sites. Other 
programs or entities requesting this designation must receive approval on a 
case-by-case basis. 
Direct supervision--Oversight and direction of a counselor trainee provided by a 
qualified credentialed counselor. If the trainee has less than 2,000 hours of 
supervised work experience, the supervisor must be on site when the trainee is 
providing services. If the trainee has at least 2,000 hours of documented 
supervised work experience, the supervisor may be on site or immediately 
accessible by telephone. The qualified credentialed counselor shall: 
(A) (No change.) 
(B) be available for assistance; 
(C) conduct a complete review of the trainee's written work product at least 
weekly; 
(D) observe the trainee providing services to chemical dependency clients at 
least weekly; and 
(E) meet with the trainee at least weekly to provide written and verbal feedback 
and direction. 
Licensed master social worker (LMSW)--An individual who is licensed as a master 
social worker by the Texas State Board of Social Work Examiners.
Physician--A physician licensed by the Texas State Board of Medical Examiners, 
or a physician employed by any agency of the United States who has a license in 
any other state of the United States.
Qualified credentialed counselor (QCC)--A licensed chemical dependency counselor 
or one of the professionals listed below who can demonstrate two years of 
chemical dependency counseling experience or one year of chemical dependency 
counseling experience and 90 clock hours (six semester hours) of chemical 
dependency training including the 12 core functions from an accredited college 
or university or an education provider approved by Texas Association of 
Alcoholism and Drug Abuse Counselors. Documentation shall be available upon 
request. The following professionals are eligible to serve as qualified 
credentialed counselors: 
(A)-(D) (No change.) 
(E) licensed physician; 
(F)-(H) (No change.) 
Related education hours--Coursework that is relevant to the practice of chemical 
dependency counseling, including courses in psychology, upper division 
sociology, counseling, mental health, behavioral science, psychiatric nursing, 
pharmacology, ethics, and rehabilitation counseling. 

sec.150.38.License Expiration and Renewal.
(a) (No change.) 
(b) To renew a license, the counselor shall: 
(1)-(3) (No change.) 
(4) complete at least 60 hours of continuing education that is related to 
chemical dependency and approved by the commission during the two-year licensure 
period. This shall include at least 15 hours specific to chemical dependency and 
at least three hours in each of the following areas: 
(A)-(E) (No change.) 
(5) Individuals applying for licensure renewal who can show at least six 
education hours of documented compulsive gambling training are not required to 
obtain any additional hours of compulsive gambling training. Instead, the 
applicant shall obtain an additional three hours of chemical dependency training 
to complete the required 60 hours.
(c)-(f) (No change.)
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. 
Issued in Austin, Texas, on July 18, 1996.
TRD-9610371
Mark S. Smock
Assistant Deputy for Finance 
Texas Commission on Alcohol and Drug Abuse
Effective date: August 8, 1996
Proposed publication date: June 4, 1996 
For further information please call: (512) 867-8241

40 TAC sec.150.39
The Texas Commission on Alcohol and Drug Abuse adopts new sec.150.39, concerning 
inactive status for licensed chemical dependency counselors. The section is 
adopted without changes to the proposed text as published in the June 4, 1996, 
issue of the Texas Register (21 TexReg 4985) and will not be republished. 
The new section describes the requirements and procedures for placing a license 
on inactive status. 
The rule will ensure a greater understanding of the option to retain a license 
during periods when the person is not actively engaged in the chemical 
dependency counseling profession. 
No comments were received regarding adoption of the new section. 
The new section is proposed under the Texas Civil Statutes, Article 4512o, sec.5 
which provide the Texas Commission on Alcohol and Drug Abuse with the authority 
to establish procedures for the licensure of chemical dependency counselors. 
The statute affected by the proposed adoption is Texas Civil Statutes, Article 
4512o.  
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. 
Issued in Austin, Texas, on July 18, 1996.
TRD-9610368
Mark S. Smock
Assistant Deputy for Finance 
Texas Commission on Alcohol and Drug Abuse
Effective date: August 8, 1996
Proposed publication date: June 4, 1996 
For further information please call: (512) 867-8241

PART XX. Texas Workforce Commission
CHAPTER 805.Job Training Partnership Act Rules
SUBCHAPTER A.General Provisions
40 TAC sec.sec.805.101-805.106
The Texas Workforce Commission adopts amendments to sec.sec.805.101-805.106, 
concerning rules to implement the Job Training Partnership Act (JTPA), pursuant 
to Texas Labor Code sec.301.061(a), which authorizes the Texas Workforce 
Commission to adopt rules to administer the Workforce and Economic 
Competitiveness Act (Title 10, Chapter 2308, Government Code) and Texas Labor 
Code sec.302.002(d), which authorizes the Texas Workforce Commission to adopt 
rules necessary for the administration of the Division of Workforce Development. 
Sections 805.101-805.106 are adopted without changes to the proposed text as 
published in the May 7, 1996, issue of the Texas Register (21 TexReg 3909) and 
will not be republished.
Sections 805.101-805.106 provide the title and purpose of these rules, define 
terms commonly used in the JTPA programs, designate the entities for state 
administration, and implement the United States Department of Labor regulations. 
The revised sections are adopted to replace references to the Texas Department 
of Commerce with references to the Texas Workforce Commission, which pursuant to 
Texas Government Code sec.301.063(a)(2) is the state administrative entity for 
the JTPA; to remove references to a state JTPA which was repealed by Acts 1995, 
74th Legislature, Chapter 655; and to amend the definition of a Private Industry 
Council to include a certified Local Workforce Development Board. 
New sec.805.106 is adopted to implement the federal JTPA regulations, except as 
noted, with a legally effective date of January 1, 1995. 
The Commission received one comment regarding the adoption of the rules. The 
commenter suggested that the Commission adopt a rule requiring that JTPA 
programs comply with the U.S. Department of Labor Directorate of Civil Rights 
nondiscrimination provisions found at 29 CFR Part 34. The regulations at 29 CFR 
sec.34.1(b) are made specifically applicable to all recipients of JTPA funds; 
therefore, no state rule is required. 
The amendments are adopted under the Texas Labor Code sec.301.061(a), which 
authorizes the Texas Workforce Commission to adopt rules to administer the 
Workforce and Economic Competitiveness Act (Title 10, Chapter 2308, Government 
Code) and Texas Labor Code sec.302.002(d), which authorizes the Texas Workforce 
Commission to adopt rules necessary for the administration of the Division of 
Workforce Development; and pursuant to the Administrative Procedure Act, Texas 
Government Code, Chapter 2001, Subchapter B, which mandates the rulemaking 
procedures for state agencies. 
The following statutes are affected by the adopted sec.sec.805.101-805.106: 
Texas Labor Code sec.301.063(a)(2) and Texas Government Code sec.sec.2308.204, 
2308.303(a)(6) and 2308.304(a)(1). 
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. 
Issued in Austin, Texas, on July 19, 1996.
TRD-9610481
Esther L. Hajdar
Director of Legal Services
Texas Workforce Commission
Effective date: August 9, 1996
Proposed publication date: May 7, 1996 
For further information please call: (512) 936-0313

40 TAC sec.sec.805.120-805.127, 805.129-805.131, 805.133, 805.134
The Texas Workforce Commission adopts amendments to sec.sec.805.120-805.127, 
805.129-805.131, 805.133, and 805.134, concerning rules to implement the Job 
Training Partnership Act (JTPA), pursuant to Texas Labor Code sec.301.061(a), 
which authorizes the Texas Workforce Commission to adopt rules to administer the 
Workforce and Economic Competitiveness Act (Title 10, Chapter 2308, Government 
Code) and Texas Labor Code sec.302.002(d), which authorizes the Texas Workforce 
Commission to adopt rules necessary for the administration of the Division of 
Workforce Development. 
Sections sec.sec.805.120-805.127, 805.129-805.131, 805.133, and 805.134 
prescribe procedures and requirements for designation of service delivery areas 
and certification of private industry councils. Sections 805.120-805.134 are 
adopted without changes to the proposed text as published in the May 17, 1996, 
issue of the Texas Register (21 TexReg 3909) and will not be republished.
The amendments are adopted to replace references to the Texas Department of  
Commerce with references to the Texas Workforce Commission, which pursuant to 
Texas Government Code sec.301.063(a)(2) is the state administrative entity for 
the JTPA; to remove references to a state JTPA which was repealed by Acts 1995, 
74th Legislature, Chapter 655; and to remove specific form numbers that are no 
longer in use. Section 805.127 (relating to Certification of a Private Industry 
Council) is amended to include provisions for biennial review of certifications. 
Section 805.128 relating to Recertification of a Private Industry Council and 
sec.805.132 relating to PIC/CEO Review of Project Proposals have been repealed 
in a separate submission. 
No comments were received regarding the adoption of the rules.
The amendments are adopted under the Texas Labor Code sec.301.061(a), which 
authorizes the Texas Workforce Commission to adopt rules to administer the 
Workforce and Economic Competitiveness Act (Title 10, Chapter 2308, Government 
Code) and Texas Labor Code sec.302.002(d), which authorizes the Texas Workforce 
Commission to adopt rules necessary for the administration of the Division of 
Workforce Development; and pursuant to the Administrative Procedure Act, Texas 
Government Code, Chapter 2001, Subchapter B, which mandates the rulemaking 
procedures for state agencies. 
The following statutes are affected by the adopted sec.sec.805.120-805.127, 
805.129-805.131, 805.133, and 805.134: Texas Labor Code sec.301.063(a)(2) and 
Texas Government Code sec.sec.2308.204, 2308.303(a)(6), and 2308.304(a)(1).
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. 
Issued in Austin, Texas, on July 19, 1996.
TRD-9610482
Esther L. Hajdar
Director of Legal Services
Texas Workforce Commission
Effective date: August 9, 1996
Proposed publication date: May 17, 1996 
For further information please call: (512) 936-0313

SUBCHAPTER B.Program Delivery System
40 TAC sec.805.128, sec.805.132
The Texas Workforce Commission adopts the repeal of sec.805.128 and sec.805.132, 
concerning rules to implement the Job Training Partnership Act (JTPA), pursuant 
to Texas Labor Code sec.301.061(a), which authorizes the Texas Workforce 
Commission to adopt rules to administer the Workforce and Economic 
Competitiveness Act (Title 10, Chapter 2308, Government Code) and Texas Labor 
Code sec.302.002(d), which authorizes the Texas Workforce Commission to adopt 
rules necessary for the administration of the Division of Workforce Development. 
Section 805.128 relating to Recertification of a Private Industry Council and 
Section 805.132 relating to PIC/CEO Review of Project Proposals are repealed as 
provided in the notice as published in the May 17, 1996, issue of the Texas 
Register (21 TexReg 4306). 
No comments were received regarding the adoption of the rules.
The repeals are adopted under the Texas Labor Code sec.301.061(a), which 
authorizes the Texas Workforce Commission to adopt rules to administer the 
Workforce and Economic Competitiveness Act (Title 10, Chapter 2308, Government 
Code) and Texas Labor Code sec.302.002(d), which authorizes the Texas Workforce 
Commission to adopt rules necessary for the administration of the Division of 
Workforce Development; and pursuant to the Administrative Procedure Act, Texas 
Government Code, Chapter 2001, Subchapter B, which mandates the rulemaking 
procedures for state agencies. 
The following statutes are affected by the repeals as adopted: Texas Labor Code 
sec.301.063(a)(2) and Texas Government Code sec.sec.2308.204, 2308.303(a)(6), 
and 2308.304(a)(1). 
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. 
Issued in Austin, Texas, on July 19, 1996.
TRD-9610483
Esther L. Hajdar
Director of Legal Services
Texas Workforce Commission
Effective date: August 9, 1996
Proposed publication date: May 7, 1996 
For further information please call: (512) 936-0313

SUBCHAPTER C.Job Training Plans
40 TAC sec.sec.805.140-805.148, 805.150-805.155
The Texas Workforce Commission adopts amendments to sec.sec.805.140-805.148, 
805.150-805.155, concerning rules to implement the Job Training Partnership Act 
(JTPA), pursuant to Texas Labor Code sec.301.061(a), which authorizes the Texas 
Workforce Commission to adopt rules to administer the Workforce and Economic 
Competitiveness Act (Title 10, Chapter 2308, Government Code) and Texas Labor 
Code sec.302.002(d), which authorizes the Texas Workforce Commission to adopt 
rules necessary for the administration of the Division of Workforce Development. 
Sections 805.140-805.148, 805.150, and 805.152-805.155 are adopted without 
changes to the proposed text as published in the May 7, 1996, issue of the Texas 
Register (21 TexReg 3910) and will not be republished. Section 805.151(a) is 
adopted with changes to the proposed text as published in the May 7, 1996, issue 
of the Texas Register (21 TexReg 3910) and will not be republished but is 
revised to correct a typographical error to read as follows:
"Pursuant to the Act sec.314(b) and 20 CFR sec.631.30(b), the Commission may 
contract with a local SSA to expedite the provision of services in cases of 
substantial layoffs as defined in 20 CFR sec.631.2, or a public announcement by 
an employer of fifty or more workers of an impending closure of a specific 
facility including the planned date of final closure." 
Sections 805.140-805.155 define and facilitate the establishment of job training 
plans prepared by the local service delivery areas and substate areas. 
The amendments are adopted to replace references to the Texas Department of 
Commerce with references to the Texas Workforce Commission, which pursuant to 
Texas Government Code sec.301.063(a)(2) is the state administrative entity for 
the JTPA; to remove references to a state JTPA which was repealed by Acts 1995, 
74th Legislature, Chapter 655. Section 805.151 (relating to Rapid Response 
Grants) is amended to allow local programs to provide support services as part 
of a rapid response system. Section 805.154 (relating to Discretionary fund 
Distribution Process) is amended to describe the method of developing a vendors 
list of qualified service providers with whom local programs may contract for 
rapid response services. 
The Commission received one comment regarding sec.805.151. The commenter pointed 
out a typographical error that has been revised. 
The amendments are adopted under the Texas Labor Code sec.301.061(a), which 
authorizes the Texas Workforce Commission to adopt rules to administer the 
Workforce and Economic Competitiveness Act (Title 10, Chapter 2308, Government 
Code) and Texas Labor Code sec.302.002(d), which authorizes the Texas Workforce 
Commission to adopt rules necessary for the administration of the Division of 
Workforce Development; and pursuant to the Administrative Procedure Act, Texas 
Government Code, Chapter 2001, Subchapter B, which mandates the rulemaking 
procedures for state agencies. 
The following statutes are affected by the adopted sec.sec.805.140-805.155: 
Texas Labor Code sec.301.063(a)(2) and Texas Government Code sec.sec.2308.204, 
2308.303(a)(6) and 2308.304(a)(1). 

sec.805.151.Rapid Response Grants.
(a) Pursuant to the Act sec.314(b) and 20 CFR sec.631.30(b), the Commission may 
contract with a local SSA to expedite the provision of services in cases of 
substantial layoffs as defined in 20 CFR sec.631.2, or a public announcement by 
an employer of fifty or more workers of an impending closure of a specific 
facility including the planned date of final closure.
(b) The eligibility to receive rapid response grant funds by SSAs in which a 
substantial layoff has occurred or in which an impending closure has been 
publicly announced shall be determined by the following criteria: 
(1) the size of the layoff and number of persons affected;
(2) the time of year relative to a program year cycle;
(3) the size of the community;
(4) the existing applicant pool; and 
(5) the amount of funds available at the local level. 
(c) SSAs shall submit a letter of request for rapid response funds together with 
a corresponding line-item budget which appropriates costs to the proper cost 
categories of rapid response, basic readjustment or support services. SSAs shall 
thereafter submit budget and performance reports to the Commission on a monthly 
basis for each layoff for which the SSA has received rapid response funds. 
(d) For purposes of distinguishing rapid response activities from basic 
readjustment all services involving individual applicants or participants shall 
be considered basic readjustment. Rapid response activities deal with the group 
of dislocated workers as a whole, not as individuals. Pre-layoff assistance and 
early readjustment assistance, when provided by the SSA, shall be classified and 
charged to the basic readjustment cost category.
(e) To provide for a transition of dislocated workers from a rapid response  
program to a Title II funded program or other retraining sources SDAs shall 
accept eligibility documentation and certification and assessment or testing 
results completed during the rapid response activities.
(f) The local SSAs shall address dislocations involving fewer than 50 workers, 
except when substate action or resources are not available or are deemed 
insufficient by the Commission.
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. 
Issued in Austin, Texas, on July 19, 1996.
TRD-9610484
Esther L. Hajdar
Director of Legal Services
Texas Workforce Commission
Effective date: August 9, 1996
Proposed publication date: May 7, 1996 
For further information please call: (512) 936-0313

SUBCHAPTER D.Performance Standards
40 TAC sec.sec.805.160-805.165
The Texas Workforce Commission adopts amendments to sec.sec.805.160-805.165, 
concerning rules to implement the Job Training Partnership Act (JTPA), pursuant 
to Texas Labor Code sec.301.061(a), which authorizes the Texas Workforce 
Commission to adopt rules to administer the Workforce and Economic 
Competitiveness Act (Title 10, Chapter 2308, Government Code) and Texas Labor 
Code sec.302.002(d), which authorizes the Texas Workforce Commission to adopt 
rules necessary for the administration of the Division of Workforce Development. 
Sections 805.160-805.165 are adopted without changes to the proposed text as 
published in the May 7, 1996, issue of the Texas Register (21 TexReg 3910) and 
will not be republished. 
Sections 805.160-805.165 define and prescribe the performance measures by which 
JTPA programs shall be evaluated by the Commission. 
The amendments are adopted to replace references to the Texas Department of 
Commerce with references to the Texas Workforce Commission, which pursuant to 
Texas Government Code sec.301.063(a)(2) is the state administrative entity for 
the JTPA; to remove references to a state JTPA which was repealed by Acts 1995, 
74th Legislature, Chapter 655; and to delete definitions of performance 
standards because the terms are no longer used in the rules.
Section 805.161 (relating to Variations to DOL Performance Standards) is amended 
to provide general references to state and federal performance standards and to 
remove references to specific program years and criteria for performance 
standards. Section 805.163 (relating to Incentive Grants for Exceeding DOL 
Performance Standards) is amended to remove specific criteria for incentive 
awards and only refer to published federal and state requirements. 
No comments were received regarding the adoption of the rules.
The amendments are adopted under the Texas Labor Code sec.301.061(a), which 
authorizes the Texas Workforce Commission to adopt rules to administer the 
Workforce and Economic Competitiveness Act (Title 10, Chapter 2308, Government 
Code) and Texas Labor Code sec.302.002(d), which authorizes the Texas Workforce 
Commission to adopt rules necessary for the administration of the Division of 
Workforce Development; and pursuant to the Administrative Procedure Act, Texas 
Government Code, Chapter 2001, Subchapter B, which mandates the rulemaking 
procedures for state agencies. 
The following statutes are affected by the adopted sec.sec.805.160-805.165: 
Texas Labor Code sec.301.063(a)(2) and Texas Government Code sec.sec.2308.204, 
2308.303(a)(6) and 2308.304(a)(1).        
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. 
Issued in Austin, Texas, on July 19, 1996.
TRD-9610485
Esther L. Hajdar
Director of Legal Services
Texas Workforce Commission
Effective date: August 9, 1996
Proposed publication date: May 7, 1996 
For further information please call: (512) 936-0313

SUBCHAPTER E.State Monitoring and Sanctions Policies
40 TAC sec.sec.805.170-805.174, 805.176, 805.179-805.188, 805.191, 805.193-
805.195
The Texas Workforce Commission adopts amendments to sec.sec.805.170-805.174, 
805.176, 805.179-805.188, 805.191, and 805.193-805.195, concerning rules to 
implement the Job Training Partnership Act (JTPA), pursuant to Texas Labor Code 
sec.301.061(a), which authorizes the Texas Workforce Commission to adopt rules 
to administer the Workforce and Economic Competitiveness Act (Title 10, Chapter 
2308, Government Code) and Texas Labor Code sec.302.002(d), which authorizes the 
Texas Workforce Commission to adopt rules necessary for the administration of 
the Division of Workforce Development. Sections sec.sec.805.170-805.174, 
805.176, 805.179-805.187, 805.191, 805.193-805.195 are adopted without changes 
to the proposed text as published in the May 7, 1996, issue of the Texas 
Register (21 TexReg 3910) and will not be republished. Section 805.188 is 
adopted with changes to the proposed text as published in the May 7, 1996, issue 
of the Texas Register (21 TexReg 3910). A nonsubstantive revision has been made 
to sec.805.188(b) to clarify one phrase. 
Sections sec.sec.805.170-805.174, 805.176, 805.179-805.188, 805.191, 805.193-
805.195 establish procedures for a state monitoring plan to identify 
subrecipients with compliance problems and facilitate the provision of timely 
technical assistance or sanctions to address such problems.
The amendments are adopted to replace references to the Texas Department of 
Commerce with references to the Texas Workforce Commission, which pursuant to 
Texas Government Code sec.301.063(a)(2) is the state administrative entity for 
the JTPA; and to remove references to a state JTPA which was repealed by Acts 
1995, 74th Legislature, Chapter 655. 
The Commission received one comment on sec.805.188. The commenter suggested that 
sec.805.188(b) be changed from a reference to the "JTPA fiscal year" to the 
"subrecipient's fiscal year." Because the phrase "subrecipient's fiscal year" is 
used elsewhere, for the sake of clarity sec.805.188(b) is revised as follows: 
"Such audits shall be conducted pursuant to the compliance standards and 
references for non-federal audits prescribed in 20 CFR sec.627.480(a) for the 
subrecipient categories of governments, non-governmental subrecipients, and 
commercial organizations which are subrecipients and receive $25,000 or more a 
year in federal funds to operate a JTPA program. The subrecipient shall provide 
the Commission with a copy of the audit report within 180 days from the end of 
the subrecipient's fiscal year." 
The amendments are adopted under the Texas Labor Code sec.301.061(a), which 
authorizes the Texas Workforce Commission to adopt rules to administer the 
Workforce and Economic Competitiveness Act (Title 10, Chapter 2308, Government 
Code) and Texas Labor Code sec.302.002(d), which authorizes the Texas Workforce 
Commission to adopt rules necessary for the administration of the Division of 
Workforce Development; and pursuant to the Administrative Procedure Act, Texas 
Government Code, Chapter 2001, Subchapter B, which mandates the rulemaking 
procedures for state agencies. 
The following statutes are affected by the adopted sec.sec. sec.sec.805.170-
805.174, 805.176, 805.179-805.188, 805.191, 805.193-805.195: Texas Labor Code 
sec.301.063(a)(2) and Texas Government Code sec.sec.2308.204, 2308.303(a)(6), 
and 2308.304(a)(1). 

sec.805.188.Subrecipient Annual Audit Requirement. 
(a) Pursuant to 20 CFR sec.627.480, each subrecipient of JTPA funds shall 
arrange for an annual financial and compliance audit, conducted by an 
independent public auditor, on funds received under the Act, Titles I-IV, except 
when otherwise required by state law.
(b) Such audits shall be conducted pursuant to the compliance standards and 
references for non-federal audits prescribed in 20 CFR sec.627.480(a) for the 
subrecipient categories of governments, non-governmental subrecipients, and 
commercial organizations which are subrecipients and receive $25,000 or more a 
year in federal funds to operate a JTPA program. The subrecipient shall provide 
the Commission with a copy of the audit report within 180 days from the end of 
the subrecipient's fiscal year.
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. 
Issued in Austin, Texas, on July 19, 1996.
TRD-9610486
Esther L. Hajdar
Director of Legal Services
Texas Workforce Commission
Effective date: August 9, 1996
Proposed publication date: May 7, 1996 
For further information please call: (512) 936-0313

SUBCHAPTER F.Financial Management Rules
40 TAC sec.sec.805.200-805.200, 805.202, 805.205-805.210, 805.212, 805.218, 
805.223-805.231
The Texas Workforce Commission adopts amendments to sec.sec.805.200-805.200, 
805.202, 805.205-805.210, 805.212, 805.218, and 805.223-805.231, concerning 
rules to implement the Job Training Partnership Act (JTPA), pursuant to Texas 
Labor Code sec.301.061(a), which authorizes the Texas Workforce Commission to 
adopt rules to administer the Workforce and Economic Competitiveness Act (Title 
10, Chapter 2308, Government Code) and Texas Labor Code sec.302.002(d), which 
authorizes the Texas Workforce Commission to adopt rules necessary for the 
administration of the Division of Workforce Development. Sections 
sec.sec.805.200-805.200, 805.202, 805.205-805.210, 805.212, 805.218, and 
805.223-805.231 are adopted without changes to the proposed amendments published 
in the May 7, 1996, issue of the Texas Register (21 TexReg 3910) and will not be 
republished.
Sections sec.sec.805.200-805.200, 805.202, 805.205-805.210, 805.212, 805.218, 
and 805.223-805.231 establish uniform accounting and financial management rules 
for the administration of all JTPA programs funded through the Texas Workforce 
Commission. 
The amendments are adopted to replace references to the Texas Department of 
Commerce with references to the Texas Workforce Commission, which pursuant to 
Texas Government Code sec.301.063(a)(2) is the state administrative entity for 
the JTPA and to remove references to a state JTPA which was repealed by Acts 
1995, 74th Legislature, Chapter 655. 
The Commission received two comments on sec.805.207. The commenter suggested 
that sec.805.207(b) be expanded to include a specific reference to the interest 
costs involved in a lease purchase agreement. He also suggested that 
sec.805.207(13) be expanded to allow the JTPA Service Delivery Areas (SDAs) to 
authorize subcontractors to incur preagreement costs. Both suggestions would 
involve making substantive changes to the proposed rules. The Commission has 
determined to seek additional input from the SDAs before taking any action on 
the suggested changes to the proposed rules. The suggested changes will be 
introduced for discussion at the next statewide financial management conference. 
The Commission will make no revisions to the proposed rules at this time. The 
amendments are adopted under the Texas Labor Code sec.301.061(a), which 
authorizes the Texas Workforce Commission to adopt rules to administer the 
Workforce and Economic Competitiveness Act (Title 10, Chapter 2308, Government 
Code) and Texas Labor Code sec.302.002(d), which authorizes the Texas Workforce 
Commission to adopt rules necessary for the administration of the Division of 
Workforce Development; and pursuant to the Administrative Procedure Act, Texas 
Government Code, Chapter 2001, Subchapter B, which mandates the rulemaking 
procedures for state agencies. 
The following statutes are affected by the adopted sec.sec.805.200-805.232: 
Texas Labor Code sec.301.063(a)(2) and Texas Government Code sec.sec.2308.204, 
2308.303(a)(6) and 2308.304(a)(1). 
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. 
Issued in Austin, Texas, on July 19, 1996.
TRD-9610487
Esther L. Hajdar
Director of Legal Services
Texas Workforce Commission
Effective date: August 9, 1996
Proposed publication date: May 7, 1996 
For further information please call: (512) 936-0313

SUBCHAPTER G.Eligibility Policies and Procedures
40 TAC sec.sec.805.240, 805.241, 805.243, 805.247-805.249
The Texas Workforce Commission adopts amendments to sec.sec.805.240, 805.241, 
805.243, 805.247-805.249, concerning rules to implement the Job Training 
Partnership Act (JTPA), pursuant to Texas Labor Code sec.301.061(a), which 
authorizes the Texas Workforce Commission to adopt rules to administer the 
Workforce and Economic Competitiveness Act (Title 10, Chapter 2308, Government 
Code) and Texas Labor Code sec.302.002(d), which authorizes the Texas Workforce 
Commission to adopt rules necessary for the administration of the Division of 
Workforce Development. Sections 805.240-805.249 are adopted without changes to 
the proposed text as published in the May 17, 1996, issue of the Texas Register 
(21 TexReg 3909) and will not be republished. 
Sections 805.240-805.249 establish standard procedures to comply with the 
eligibility criteria and documentation requirements for Titles II and III of the 
JTPA. 
The revised sections are adopted to replace references to the Texas Department 
of Commerce with references to the Texas Workforce Commission, which pursuant to 
Texas Government Code sec.301.063(a)(2) is the state administrative entity for 
the JTPA and to remove references to a state JTPA which was repealed by Acts 
1995, 74th Legislature, Chapter 655. 
Section 805.241 (relating to Definitions) is amended to provide in the 
definition of "Family Income" that 25% of the social security benefits are 
excluded from the calculation of family income. 
Section 805.248 (relating to Additional Categories of "Terminated" or "Laid-
Off") is amended to rephrase and combine the eligibility circumstances for 
dislocated workers. The amendment is necessary to track a recent eligibility 
change made by the U.S. Department of Labor.
No comments were received regarding the adoption of the rules.
The amendments are adopted under the Texas Labor Code sec.301.061(a), which 
authorizes the Texas Workforce Commission to adopt rules to administer the 
Workforce and Economic Competitiveness Act (Title 10, Chapter 2308, Government 
Code) and Texas Labor Code sec.302.002(d), which authorizes the Texas Workforce 
Commission to adopt rules necessary for the administration of the Division of 
Workforce Development; and pursuant to the Administrative Procedure Act, Texas 
Government Code, Chapter 2001, Subchapter B, which mandates the rulemaking 
procedures for state agencies. 
The following statutes are affected by the adopted sec.sec.805.240-805.249: 
Texas Labor Code sec.301.063(a)(2) and Texas Government Code sec.sec.2308.204, 
2308.303(a)(6), and 2308.304(a)(1).     
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. 
Issued in Austin, Texas, on July 19, 1996.
TRD-9610488
Esther L. Hajdar
Director of Legal Services
Texas Workforce Commission
Effective date: August 9, 1996
Proposed publication date: May 17, 1996 
For further information please call: (512) 936-0313

SUBCHAPTER H.Nondiscrimination and Equal Opportunity
40 TAC sec.sec.805.260-805.269
The Texas Workforce Commission adopts amendments to sec.sec.805.260-805.269, 
concerning rules to implement the Job Training Partnership Act (JTPA), pursuant 
to Texas Labor Code sec.301.061(a), which authorizes the Texas Workforce 
Commission to adopt rules to administer the Workforce and Economic 
Competitiveness Act (Title 10, Chapter 2308, Government Code) and Texas Labor 
Code sec.302.002(d), which authorizes the Texas Workforce Commission to adopt 
rules necessary for the administration of the Division of Workforce Development. 
Sections 805.260-805.269 are adopted without changes to the proposed text as 
published in the May 7, 1996, issue of the Texas Register (21 TexReg 3910) and 
will not be republished. Sections 805.260-805.269 implement state and local 
methods of administration to ensure compliance with the nondiscrimination and 
equal opportunity provisions of the JTPA. 
The amendments are adopted to replace references to the Texas Department of 
Commerce with references to the Texas Workforce Commission, which pursuant to 
Texas Government Code sec.301.063(a)(2) is the state administrative entity for 
the JTPA and to remove references to a state JTPA which was repealed by Acts 
1995, 74th Legislature, Chapter 655. 
No comments were received regarding the adoption of the rules.
The amendments are adopted under the Texas Labor Code sec.301.061(a), which 
authorizes the Texas Workforce Commission to adopt rules to administer the 
Workforce and Economic Competitiveness Act (Title 10, Chapter 2308, Government 
Code) and Texas Labor Code sec.302.002(d), which authorizes the Texas Workforce 
Commission to adopt rules necessary for the administration of the Division of 
Workforce Development; and pursuant to the Administrative Procedure Act, Texas 
Government Code, Chapter 2001, Subchapter B, which mandates the rulemaking 
procedures for state agencies. 
The following statutes are affected by the adopted sec.sec.805.260-805.269: 
Texas Labor Code sec.301.063(a)(2) and Texas Government Code sec.sec.2308.204, 
2308.303(a)(6), and 2308.304(a)(1).
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. 
Issued in Austin, Texas, on July 19, 1996.
TRD-9610489
Esther L. Hajdar
Director of Legal Services
Texas Workforce Commission
Effective date: August 9, 1996
Proposed publication date: May 7, 1996 
For further information please call: (512) 936-0313

SUBCHAPTER I.JTPA Grievance Procedures
40 TAC sec.sec.805.280, 805.282-805.284, 805.287, 805.291-805.296, 805.298
The Texas Work for Commission adopts amendments to sec.sec.805.280, 805.282-
805.284, 805.287, 805.291-805.296 and 805.298, concerning rules to implement the 
Job Training Partnership Act (JTPA), pursuant to Texas Labor Code 
sec.301.061(a), which authorizes the Texas Work for Commission to adopt rules to 
administer the Work for and Economic Competitiveness Act (Title 10, Chapter 
2308, Government Code) and Texas Labor Code sec.302.002(d), which authorizes the 
Texas Work for Commission to adopt rules necessary for the administration of the 
Division of Work for Development. Sections 805.280, 805.282-805.284, 805.287, 
805.291-805.292, 805.294 -805.296 and 805.298 are adopted without changes to the 
proposed text as published in the May 7, 1996, issue of the Texas Register (21 
TexReg 3910) and will not be republished. Section 805.293(a) is adopted with 
changes to the proposed text as published in the May 7, 1996, issue of the Texas 
Register (21 TexReg 3910), to correct a typographical error and will not be 
republished. It is revised as follows: "Upon receipt of a request for review of 
a written decision prepared according to the format specified in sec.805.292 of 
this title (relating to Request for Review of Written Decision), the Commission 
shall direct the JTPA contractor to provide, within five days of receipt of the 
request, the complete file relating to the complaint." 
Sections 805.280-805.298 define and establish state procedures for resolving 
grievances regarding violations of the JTPA. 
The revised sections are adopted to replace references to the Texas Department 
of Commerce with references to the Texas Work for Commission, which pursuant to 
Texas Government Code sec.301.063(a)(2) is the state administrative entity for 
the JTPA and to remove references to a state JTPA which was repealed by Acts 
1995, 74th Legislature, Chapter 655. 
Section 805.296 (relating to Appeal of a Commission Action or Decision) is 
amended to include a provision for an agreed extension of time in setting a 
formal hearing date. Section 805.298 (relating to Final State Action) is amended 
to provide that final review of a decision shall be performed by the Texas Work 
for Commission instead of the Governor, or the Governor's designee. 
The Commission received one comment regarding sec.805.293(a). The commenter 
pointed out a typographical error that has been revised. 
The amendments are adopted under the Texas Labor Code sec.301.061(a), which 
authorizes the Texas Work for Commission to adopt rules to administer the Work 
for and Economic Competitiveness Act (Title 10, Chapter 2308, Government Code) 
and Texas Labor Code sec.302.002(d), which authorizes the Texas Work for 
Commission to adopt rules necessary for the administration of the Division of 
Work for Development; and pursuant to the Administrative Procedure Act, Texas 
Government Code, Chapter 2001, Subchapter B, which mandates the rulemaking 
procedures for state agencies. 
The following statutes are affected by the adopted sec.sec.805.280-805.298: 
Texas Labor Code sec.301.063(a)(2) and Texas Government Code sec.sec.2308.204, 
2308.303(a)(6) and 2308.304(a)(1). 
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. 
Issued in Austin, Texas, on July 19, 1996.
TRD-9610490
Esther L. Hajdar
Director of Legal Services
Texas Work for Commission
Effective date: August 9, 1996
Proposed publication date: May 7, 1996 
For further information please call: (512) 936-0313