TITLE 19. EDUCATION
PART 2. TEXAS EDUCATION AGENCY
CHAPTER 89. ADAPTATIONS FOR SPECIAL POPULATIONS
SUBCHAPTER
A.
The State Board of Education (SBOE) adopts an amendment to §89.1, concerning gifted and talented education. The amendment is adopted without changes to the proposed text as published in the October 10, 2025 issue of the Texas Register (50 TexReg 6620) and will not be republished. The adopted amendment ensures that a district's identification of gifted and talented students complies with all legal requirements and federal and state executive orders.
REASONED JUSTIFICATION: Section 89.1 establishes requirements for the identification of gifted and talented students. The amendment adds new paragraph (4) to align identification criteria with all legal requirements and federal and state executive orders and revises paragraph (5) to require that the selection committee be trained in the identification of gifted students.
The SBOE approved the amendment for first reading and filing authorization at its September 12, 2025 meeting and for second reading and final adoption at its November 21, 2025 meeting.
In accordance with Texas Education Code (TEC), §7.102(f), the SBOE approved the amendment for 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 will ensure school district policies comply with state and federal requirements as soon as possible. The effective date is 20 days after filing as adopted with the Texas Register.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period began October 10, 2025, and ended at 5:00 p.m. on November 10, 2025. The SBOE also provided an opportunity for registered oral and written comments at its November 2025 meeting in accordance with the SBOE board operating policies and procedures. Following is a summary of the public comments received and corresponding responses.
Comment. An administrator requested that identification include standardized, norm-referenced assessments and transferable data to ensure continuity of services, emphasizing that a child's academic needs should not depend on residence or school enrollment.
Response. The SBOE disagrees. Statute requires a multi-dimensional approach to gifted identification, not a single test score. TEC, §§29.121-29.123, the Texas State Plan for the Education of Gifted/Talented Students, and 19 TAC §89.1 require multiple criteria, equitable access, and procedures for transfer students to ensure prior data is considered.
Comment. A teacher commented in support of the proposed amendment and also requested additional, less costly resources to assess students across all areas of giftedness.
Response. The SBOE agrees and will consider developing guidance on the various assessments for gifted/talented identification by specific areas.
Comment. An administrator commented in support of the proposed amendment.
Response. The SBOE agrees.
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §29.121, which establishes the definition of a gifted and talented student; TEC, §29.122, which establishes that each school district shall adopt a process for identifying and serving gifted and talented students; TEC, §29.123, which establishes that the State Board of Education shall develop and update a state plan for the education of gifted and talented students to guide school districts; TEC, §39.236, which establishes criteria for the commissioner to adopt standards to evaluate school district programs for gifted and talented students; and TEC, §48.109, which establishes criteria for utilizing the gifted and talented student allotment funds.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§29.121, 29.122, 29.123, 39.236, and 48.109.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2026.
TRD-202600056
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: January 29, 2026
Proposal publication date: October 10, 2025
For further information, please call: (512) 475-1497