June 2025 Committee on Instruction Item 5
Discussion of the Rule and/or Proposed Amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education, §89.1, Student Identification
June 26, 2025
COMMITTEE ON INSTRUCTION: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION
SUMMARY: This item presents the opportunity for the board to discuss the rule and/or proposed amendments to 19 Texas Administrative Code (TAC) Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education, §89.1, Student Identification. The proposed amendments would ensure that a district's identification of gifted and talented students complies with all legal requirements and federal and state law.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§29.121, 29.122, 29.123, 39.236, and 48.109.
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, establishes criteria for utilizing the gifted and talented student allotment funds.
FUTURE ACTION EXPECTED: The proposed amendment(s) to 19 TAC §89.1 will be presented for first reading and filing authorization at the September 2025 SBOE meeting.
BACKGROUND INFORMATION AND JUSTIFICATION: Section 89.1 establishes requirements for the identification of gifted and talented students. The proposed amendment would modify paragraph (3) to require multiple sources of data and procedures to be used to ensure that students from all populations in the district have access to assessment and, if identified, services for the gifted/talented program. New paragraph (4) would be added to prohibit a scoring value based on race, ethnicity, sex, socioeconomic status, or disability. Paragraph (5) would be amended to require that the selection committee be trained in the identification of gifted students.
Staff Members Responsible:
Kristin McGuire, Deputy Associate Commissioner, Special Populations Policy, Integration, and Technical Assistance
Laura Briones, Director, Special Populations Policy, Integration, and Technical Assistance
Monica Brewer, Coordinator, Gifted and Talented
Text of Proposed Amendment(s) to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education, §89.1, Student Identification