September 2025 Committee on Instruction Item 4
Proposed Amendment to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education, §89.1, Student Identification
(First Reading and Filing Authorization)
September 12, 2025
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education, §89.1, Student Identification. The proposed amendment would ensure that a district's identification of gifted and talented students complies with all legal requirements and federal and state executive orders.
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.
The full text of statutory citations can be found in the links above.
EFFECTIVE DATE: The proposed effective date of the proposed amendment 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 2026-2027 school year. The earlier effective date would ensure school district policies comply with state and federal requirements as soon as possible.
PREVIOUS BOARD ACTION: The SBOE adopted §89.1 effective September 1, 1996. The SBOE amended §89.1 effective September 1, 2024. A discussion item on the proposed amendment to §89.1 was presented to the Committee on Instruction at the June 2025 SBOE meeting.
BACKGROUND INFORMATION AND JUSTIFICATION: Section 89.1 establishes requirements for the identification of gifted and talented students. The proposed amendment would add new paragraph (4) to align identification criteria with all legal requirements and federal and state executive orders and amend paragraph (5) to require that the selection committee be trained in the identification of gifted students.
FISCAL IMPACT: The Texas Education Agency (TEA) has determined that there are no additional costs to state or local government, including school districts and open-enrollment charter schools, 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 expand an existing regulation to ensure identification for students in the gifted and talented program is made in compliance with all legal requirements and federal and state executive orders.
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 create a new regulation; 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 ensure identification for students in the gifted and talented program is made in compliance with all legal requirements and federal and state executive orders. 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 new data and reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: 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 October 10, 2025, and ends at 5:00 p.m. on November 10, 2025. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in November 2025 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 October 10, 2025.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for first reading and filing authorization proposed amendment to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education, §89.1, Student Identification.
Staff Members Responsible:
Kristin McGuire, Interim Deputy Commissioner, Special Populations and Student Supports
Laura Briones, Director, Special Populations Policy and Compliance
Monica Brewer, Coordinator, Gifted and Talented
Attachment:
Text of Proposed Amendment to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education, §89.1, Student Identification