REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

NOTICE OF RULE REVIEW - 4 TEXAS ADMINISTRATIVE CODE, PART I,

CHAPTER 18 - ORGANIC STANDARDS AND CERTIFICATION AND CHAPTER 21, CITRUS

The Texas Department of Agriculture (Department) files this notice of intent to review Texas Administrative Code, Title 4, Part 1, Chapter 18, Organic Standards and Certification, and Chapter 21, Citrus.

This review is being conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies to review and consider for readoption each of their rules every four years.

The Department will consider whether the initial factual, legal, and policy reasons for adopting each rule in this chapter continue to exist and whether these rules should be repealed, readopted, or readopted with amendments.

Written comments may be submitted within 30 days following the publication of this notice in the Texas Register. Comments may be submitted to David Castillo, Deputy General Counsel, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or by email to David.Castillo@TexasAgriculture.gov.

TRD-202203671

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: September 13, 2022


Adopted Rule Reviews

Texas Education Agency

Title 19, Part 2

The State Board of Education (SBOE) adopts the review of 19 Texas Administrative Code (TAC) Chapter 89, Adaptations for Special Populations, pursuant to the Texas Government Code, §2001.039. The rules being reviewed by the SBOE in 19 TAC Chapter 89 relate to gifted/talented education, Texas certificate of high school equivalency, and special education services and settings and are organized under the following subchapters: Subchapter A, Gifted/Talented Education; Subchapter C, Texas Certificate of High School Equivalency; and Subchapter D, Special Education Services and Settings. The SBOE proposed the review of 19 TAC Chapter 89, Subchapters A, C, and D, in the February 25, 2022 issue of the Texas Register (47 TexReg 988).

Relating to the review of 19 TAC Chapter 89, Subchapters A, C, and D, the SBOE finds that the reasons for adopting Subchapters A, C, and D continue to exist and readopts the rules. No changes are necessary to Subchapters A, C, and D as a result of the review.

The SBOE received comments related to the review of Subchapter D.

Comment: An individual recommended revising 19 TAC §103.1301(g)(7) to include procedures for requesting to view or listen to a video or audio recording as part of the district's procedures for video surveillance of certain special education settings. The commenter explained that it is important that the requirements for requesting to view or listen to videos be set out in a district's procedures.

Board Response: This comment is outside the scope of the rule review of the SBOE rules in Chapter 89. Section 103.1301 is a rule under the authority of the commissioner of education.

Comment: An individual recommended revising 19 TAC §103.1301(g)(9) to apply to all times outside the instructional day and to apply when only one student may be present in a self-contained classroom. The commenter explained that there are times when a student or students may be in a classroom or setting that is not a part of the instructional day and that the need for video coverage is needed for these times as well. The commenter also noted that the rule should also apply when a single student is in a self-contained classroom or other special education setting.

Board Response: This comment is outside the scope of the rule review of the SBOE rules in Chapter 89. Section 103.1301 is a rule under the authority of the commissioner of education.

Comment: The 16 commenters stated the rules are still needed for gifted/talented (G/T) education.

Board Response: The SBOE agrees.

Comment: Eight commenters stated the rules and funding are still needed for G/T education.

Board Response: The SBOE agrees.

Comment: Eighteen commenters expressed the importance for G/T education for students.

Board Response: The SBOE agrees.

Comment: The commenters stated that the G/T program is necessary for the gifted students to alleviate the boredom of the regular classroom and provides students venues to express their skills and to work with similarly minded students.

Board Response: The SBOE agrees.

Comment: The commenter recommended the following: 1) remove the 30 hours of professional development requirement to be replaced with the TExES Gifted/Talented Supplemental 162 Exam; 2) change the requirement for newly assigned teachers to complete the G/T Supplemental exam within one year; 3) remove the annual six-hour G/T update with an undefined professional development in G/T education based on the district professional learning plan aligned to the needs of the staff; and 4) change all references of professional development to professional learning.

Board Response: The SBOE disagrees and offers the following clarification. The replacement of TExES Supplemental exam for the 30 hours of training would not meet the requirements of the law. Educator programs do not include G/T education as part of the requirements for the G/T certification as English as a Second Language. Texas Education Agency (TEA) staff will conduct a review of the feasibility of professional development requirements for educators, administrators, and counselors.

Comment: The commentor requested that administrators and counselors have mandatory annual G/T professional development.

Board Response: The SBOE provides the following clarification. TEA staff will conduct a review of the feasibility of professional development requirements for administrators and counselors.

Comment: The commentor requested the emphasis is placed on G/T education on the secondary setting.

Board Response: The SBOE agrees. TEA staff will work with a focus group to develop resources for secondary program design and services.

Comment: The commentor requested that TEA establish a database for the monitoring of the professional learning requirements for educators of G/T students.

Board Response: The SBOE provides the following clarification. TEA staff will review the capacity to develop and maintain a professional learning database.

Comment: The commentor suggested that TEA establish a database to track for compliance with the Texas State Plan for the Education of the Gifted/Talented.

Board Response: The SBOE provides the following clarification. TEA staff will review the capacity to develop and maintain a professional learning database.

This concludes the review of Chapter 89.

TRD-202203699

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: September 14, 2022