Texas Register, Volume 23, Number 17, Pages 3957-4141, April 24, 1998 Page: 3,984
3957-4141 p. ; 28 cm.View a full description of this periodical.
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(d) Students enrolled in the Texas School for the Deaf under
this section shall be supported in accordance with TEC, 30.003.
89.1115. Memorandum of Understanding Concerning Interagency
Coordination of Special Education Services to Students with Disabil-
ities in Residential Care Facilities.
(a)-(f) (No Change.)
(g) Parental participation.
(1) The parties acknowledge that parental participation is
essential for the determination and the provision of appropriate special
education services under IDEA. However, many of the school-age
residents placed in RCFs are under the conservatorship of the State
of Texas (usually through TDPRS). For these residents, the parties
acknowledge the following "surrogate parent" requirements:
(A) The LEAs have the obligation to ensure that
a properly trained surrogate parent with no conflicts of interest is
appointed for these residents for whom:
(i)-(ii) (No Change.)
(ii) the parent cannot be located after reasonable
efforts by the LEA to locate; or
(iii) are wards of the state (e.g., in Texas, the term
"conservatorship" is often used to indicate a student is a ward of the
state, pursuant to 34 CFR, 300.515(a)). [300.514(a).]
(B)-(E) (No Change.)
(F) The surrogate parent appointed must have the
knowledge and skills to ensure adequate representation of the child
and no personal or professional interest which would create a conflict
of interest in his or her representation of the child, pursuant to 34
CFR, 300.515(c) [300.51 4(].
(G) Pursuant to 34 CFR, 300.515(c) [ 300.514(e)],
a person assigned as a surrogate parent may not be an employee of
a public agency that is involved in the education or care of the child.
Thus, public (state, county, or local) employees, like caseworkers or
probation officers, would be ineligible to serve as surrogate parents.
(H) (No Change.)
(I) Pursuant to 34 CFR, 300.515(e) [ 300.514(e],
surrogate parents may represent the child in all matters relating to:
(i)-(ii) (No Change.)
(2) (No Change.)
(h)-(j) (No Change.)
This agency hereby certifies that the proposal has been re-
viewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State, on April 13, 1998.
TRD-9805125
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Earliest possible date of adoption: May 24, 1998
For further information, please call: (512) 463-9701
19 TAC 89.1095, 89.1105
(Editor's note: The text of the following sections proposed for repeal
will not be published. The sections may be examined in the offices ofthe Texas Education Agency or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under 34 Code of Federal Regu-
lations, 300.600, which outlines the responsibilities of TEA
for all educational programs; Texas Education Code, 29.001,
29.003, 29.005, 29.011, 29.012, and 30.057, which authorizes
the commissioner of education to adopt rules related to deliver-
ing special education services; and House Bill 1, General Ap-
propriations Act, 75th Texas Legislature, Article IX, Rider 167,
which establishes a four-year sunset review cycle for all state
agency rules.
The repeals implement 34 CFR, 300.600; Texas Education
Code, 29.001, 29.003, 29.005, 29.011, 29.012, and 30.057;
and House Bill 1, General Appropriations Act, 75th Texas
Legislature, Article IX, Rider 167.
89.1095. Provision of Services for Students Placed by Their Parents
in Private Schools.
89.1105. Memorandum of Understanding Relating to School-Age
Residents of Intermediate Care Facilities for the Mentally Retarded.
This agency hereby certifies that the proposal has been re-
viewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State, on April 13, 1998.
TRD-9805126
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Earliest possible date of adoption: May 24, 1998
For further information, please call: (512) 463-9701
Division III. Special Education Funding
19 TAC 89.1125
The amendment is proposed under 34 Code of Federal Reg-
ulations, 300.600, which outlines the responsibilities of TEA
for all educational programs; Texas Education Code, 29.001,
29.003, 29.005, 29.011, and 29.012, which authorizes the com-
missioner of education to adopt rules related to delivering spe-
cial education services; and House Bill 1, General Appropria-
tions Act, 75th Texas Legislature, Article IX, Rider 167, which
establishes a four-year sunset review cycle for all state agency
rules.
The amendment implements 34 CFR, 300.600; Texas Educa-
tion Code, 29.001, 29.003, 29.005, 29.011, and 29.012; and
House Bill 1, General Appropriations Act, 75th Texas Legisla-
ture, Article IX, Rider 167.
89.1125. Allowable Expenditures of State Special Education
Funds.
(a)-(f) (No Change.)
(g) State special education funds may be used to pay [ special
education] staff travel to perform services directly related to the
education of students with disabilities. Funds may also be used to pay
travel of staff (including administrators, general education teachers,
and special education and related services personnel) to attend staff
development meetings for the purpose of improving performance
in assigned positions directly related to the education of students
with disabilities . The purpose for attending shall not include time23 TexReg 3984 April 24, 1998 Texas Register
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Texas. Secretary of State. Texas Register, Volume 23, Number 17, Pages 3957-4141, April 24, 1998, periodical, April 24, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113836/m1/30/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.