June 2026 Committee on Instruction Item 4
Proposed Repeal of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings, §89.62, Support of Students Enrolled in the Texas School for the Blind and Visually Impaired and Texas School for the Deaf
(First Reading and Filing Authorization)
June 26, 2026
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings, §89.62, Support of Students Enrolled in the Texas School for the Blind and Visually Impaired and Texas School for the Deaf. The proposal would repeal §89.62 as the State Board of Education's (SBOE's) statutory authority for the rule was removed by House Bill (HB) 2 and Senate Bill (SB) 568, 89th Texas Legislature, Regular Session, 2025.
STATUTORY AUTHORITY: Texas Education Code (TEC), §30.003 and §30.004, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025.
HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, amended TEC, §30.003, to repeal the authority of the SBOE to set a date by rule on which school districts and state institutions shall provide to the commissioner the necessary information to determine the district's share of cost for a student's education at the Texas School for the Blind and Visually Impaired or Texas School for the Deaf and adopt rules as necessary to implement this section of the TEC.
HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, amended TEC, §30.004, to repeal the authority of the SBOE to adopt rules prescribing the information that school districts shall provide to parents or other persons having lawful control of a student about programs and services available at the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf.
The full text of statutory citations can be found in the links above.
EFFECTIVE DATE: The proposed effective date of the proposed repeal 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 2027-2028 school year. The earlier effective date will remove rules for which the SBOE no longer holds authority.
PREVIOUS BOARD ACTION: The repeal of §89.62 was presented for discussion to the Committee on Instruction at a special called meeting on April 21, 2026.
BACKGROUND INFORMATION AND JUSTIFICATION: Section 89.62 establishes support of students enrolled in the Texas School for the Blind and Visually Impaired and Texas School for the Deaf.
HB 2 and SB 568 modified TEC, §30.003 and §30.004, to remove the SBOE's authority for the rule. The proposed repeal is necessary to implement legislation.
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 repeal an existing regulation to align with HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which removed SBOE rulemaking authority related to support of students enrolled in the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf.
The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or the 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 expand or limit 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 align the rule with current statute governing support for students enrolled in the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf. There is no anticipated economic cost to persons 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: 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 July 24, 2026, and ends at 5:00 p.m. on August 24, 2026. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in September 2026 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 July 24, 2026.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for first reading and filing authorization proposed repeal of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings, §89.62, Support of Students Enrolled in the Texas School for the Blind and Visually Impaired and Texas School for the Deaf.
Staff Members Responsible:
Kristin McGuire, Deputy Commissioner, Special Populations and Student Supports
Laura Briones, Director, Special Populations Policy and Compliance
Attachment:
Text of Proposed Repeal of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings, §89.62, Support of Students Enrolled in the Texas School for the Blind and Visually Impaired and Texas School for the Deaf