April 2024 Committee on Instruction Item 10
Proposed Revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education
(First Reading and Filing Authorization)
April 12, 2024
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization proposed revisions to 19 Texas Administrative Code (TAC) Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education. The proposed revisions would update rules to align with the requirements of House Bill (HB) 1525, 87th Texas Legislature, Regular Session, 2021, and codify current program practices.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§29.121; 29.122; 29.123; 39.236; and 48.109, as added by HB 1525, 87th Texas Legislature, Regular Session, 2021.
TEC, §29.121, establishes the definition of a gifted and talented student.
TEC, §29.122, establishes that each school district shall adopt a process for identifying and serving gifted and talented students.
TEC, §29.123, establishes that the State Board of Education (SBOE) shall develop and update a state plan for the education of gifted and talented students to guide school districts.
TEC, §39.236, establishes criteria for the commissioner to adopt standards to evaluate school district programs for gifted and talented students.
TEC, §48.109, as added by HB 1525, 87th Texas Legislature, Regular Session, 2021, establishes criteria for utilizing the gifted and talented student allotment funds.
EFFECTIVE DATE: The proposed effective date of the proposed revisions is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the SBOE must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2025-2026 school year. The earlier effective date will allow districts of innovation and open-enrollment charter schools that begin school prior to the statutorily required start date to implement the proposed rulemaking when they begin their school year.
PREVIOUS BOARD ACTION: The SBOE adopted §§89.1-89.5 effective September 1, 1996. The SBOE amended §89.2 effective February 13, 2000. Section 89.4 was repealed by the SBOE in 2011. A discussion item was presented to the Committee on Instruction on November 16, 2023, to discuss potential amendments to align with HB 1525, 87th Texas Legislature, Regular Session, 2021.
BACKGROUND INFORMATION AND JUSTIFICATION: Chapter 89, Subchapter A, provides rules for gifted and talented education. HB 1525, 87th Texas Legislature, Regular Session, 2021, provided for a gifted and talented student allotment and established criteria for using the funds. The proposed revisions to Chapter 89, Subchapter A, would implement HB 1525 and codify current program practices. Specifically, the following changes would be made.
Section 89.1 would be amended to add new paragraph (6) to establish that school district policies related to gifted and talented education may not limit the number of students who may be identified as gifted and talented. In addition, the section title would be modified to clarify that the section addresses the identification of gifted and talented students.
Section 89.2 would be amended to clarify terms regarding professional learning for staff and establish criteria for completion. The section title would also be updated to reflect the contents of the rule.
New §89.4 would align with HB 1525, 87th Texas Legislature, Regular Session, 2021, by establishing fiscal responsibilities for school districts regarding the use of gifted and talented services for identified students.
Section 89.5 would be amended to establish additional criteria for program accountability in new paragraphs (2) and (3). New paragraph (2) would require school districts to annually certify to the commissioner that the district's services for gifted and talented students have been established in accordance with the Texas State Plan for the Education of the Gifted/Talented (State Plan) and that the use of funds complies with new §89.4. New paragraph (3) would include the addition of a performance measure by the board of trustees in alignment with the State Plan.
FISCAL IMPACT: The Texas Education Agency (TEA) has determined that there are no additional costs to state or local government required to comply with the proposal.
LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.
SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis specified in Texas Government Code, §2006.002, is required.
COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.
TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.
GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would add a new regulation and expand existing regulations to align with the requirements of HB 1525, 87th Texas Legislature, 2021, and clarify current expectations, practices, and requirements.
The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not limit or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC BENEFIT AND COST TO PERSONS: The proposal would clarify requirements related to gifted and talented identification, professional learning, fiscal responsibility, and program accountability. There is no anticipated economic cost to persons who are required to comply with the proposal.
DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.
PUBLIC COMMENTS: The public comment period on the proposal begins May 17, 2024, and ends at 5:00 p.m. on June 17, 2024. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in June 2024 in accordance with the SBOE board operating policies and procedures. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on May 17, 2024.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for first reading and filing authorization proposed revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education.
Staff Members Responsible:
Kristin McGuire, Deputy Associate Commissioner, Special Populations Policy, Technical Assistance, and Systemwide Integration
Laura Briones, Director, Special Populations
Monica Brewer, Coordinator, Gifted and Talented
Attachment:
Text of Proposed Revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education