TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 89. ADAPTATIONS FOR SPECIAL POPULATIONS

SUBCHAPTER AA. COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES

The Texas Education Agency (TEA) adopts amendments to §§89.1035, 89.1070, and 89.1080 and new §89.1127, concerning adaptations for special populations. The amendments to §§89.1035, 89.1070, and 89.1080 are adopted without changes to the proposed text as published in the November 7, 2025 issue of the Texas Register (50 TexReg 7215) and will not be republished. New §89.1127 is adopted with changes to the proposed text as published in the November 7, 2025 issue of the Texas Register (50 TexReg 7215) and will be republished. The adopted revisions implement House Bill (HB) 2 and Senate Bill (SB) 568, 89th Texas Legislature, Regular Session, 2025, by updating statutory cross references, aligning provisions related to graduation requirements for students receiving special education services and regional day school programs for the deaf, and adding a new section on the noneducational community-based support services grant program.

REASONED JUSTIFICATION: Section 89.1035 addresses age ranges for student eligibility for special education and related services. The adopted amendment updates statutory cross references to align with HB 2 and SB 568.

Section 89.1070 addresses graduation requirements for students receiving special education and related services. The adopted amendment adds new subsection (d) to align with HB 2 and SB 568 by clarifying the qualifications a student receiving special education and related services must meet to receive the distinguished level of achievement with modified curriculum.

Section 89.1070 is also modified to update cross references to the state standards in the Texas Administrative Code.

Section 89.1080 references regional day school programs for the deaf. The adopted amendment updates statutory cross references and adds reference to the state plan to align with HB 2 and SB 568. Additionally, to align with HB 2 and SB 568, the adopted amendment requires funds received by fiscal agents or program administrators under Texas Education Code, §48.315, to be spent on program related expenses, and adopted new subsection (c) addresses what must be included in a cooperative agreement between a member district and its fiscal agent.

Adopted new §89.1127 establishes procedures and criteria for the allocation of noneducational community-based support services grants to align with HB 2 and SB 568. The process to access noneducational community-based support services will be a grant system provided to parents of eligible students. Adopted new subsection (a) establishes definitions. Based on public comment, subsection (a)(1) has been updated at adoption to provide additional clarity in the definition for "at risk of being placed in a residential program." Adopted new subsection (b) requires TEA to designate a regional education service center (ESC) to administer grants under this program. Adopted new subsection (c) establishes requirements for school districts. Adopted new subsection (d) outlines the operational responsibilities of the designated ESC. Adopted new subsection (e) establishes a requirement for a parent of an eligible student to complete the application process and procedures developed by the ESC to access the grants under this section. Adopted new subsection (f) establishes initial grant amounts under this program.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began December 5, 2025, and ended January 5, 2026. Following is a summary of public comments received and agency responses.

Comment: A school counselor expressed concern that children of district employees including counselors, nurses, secretaries, librarians, and administrators who are not educators are not eligible for free prekindergarten in the district even though children of classroom teachers are now eligible.

Response: The agency offers the following clarification. The specification that only children of classroom teachers are eligible for free public prekindergarten is a requirement in state law, and the rule simply implements the statutory change. Further expansion of the eligibility criteria would need to be made by the legislature.

Comment: An educator expressed dissatisfaction with the removal of references to cultural diversity.

Response: The agency disagrees that the amendments to the language are not appropriate. References to cultural diversity were not removed from the rule. A reference to family engagement being culturally responsive was broadened to ensure that engagement is responsive to a variety of backgrounds. A second reference was adjusted to clarify that a district family engagement plan should identify partners to provide parents with all relevant resources reflective of the home language and not just culturally relevant resources.

DIVISION 2. CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS

19 TAC §§89.1035, 89.1070, 89.1080

STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code (TEC), §28.025, which establishes requirements related to high school graduation and academic achievement records; TEC, §29.001, as amended by House Bill (HB) 2 and Senate Bill (SB) 568, 89th Texas Legislature, Regular Session, 2025, which establishes criteria for the implementation of special education law, including rulemaking as part of the comprehensive system focused on maximizing student outcomes; TEC, §29.003, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which requires the Texas Education Agency (TEA) to develop eligibility criteria for students receiving special education services; TEC, §29.013, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which establishes noneducational community-based support services grants for certain students with disabilities and requires the commissioner to adopt rules regarding the grants awarded under this section; TEC, §29.026, as added by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which grants the commissioner rulemaking authority to implement TEC, Chapter 29, Educational Programs, Subchapter A, Special Education Program; TEC, §30.002, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which requires TEA to develop and administer a statewide plan for the education of children with visual impairments, children who are deaf or hard of hearing, and children who are deafblind; TEC, §30.0021, as added by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which establishes requirements for students with visual impairments; TEC, §30.081, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which establishes the legislative intent concerning regional day schools for the deaf; TEC, §30.085, which establishes the use of local resources in the establishment and operation of the regional day school programs for the deaf; TEC, §30.086, which establishes powers and duties of TEA regarding regional day schools for the deaf; TEC, §48.1021, as added by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which establishes special education service group funding; TEC, §48.315, as added by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which establishes funding for regional day school programs for the deaf; Texas Government Code, §392.002, which establishes the use of person first respectful language required by the legislature and the Texas Legislative Council; 34 CFR, §300.8, which defines terms regarding a child with a disability; 34 CFR, §300.100, which establishes eligibility criteria for a state to receive assistance; 34 CFR, §300.101, which defines the requirement for all children residing in the state between the ages of 3-21 to have free appropriate public education available; 34 CFR, §300.102, which establishes criteria for limitation-exception to free appropriate public education for certain ages; 34 CFR, §300.111, which defines the requirement of the state to have policies and procedures in place regarding child find; 34 CFR, §300.149, which establishes the state education agency's responsibility for general supervision; and 34 CFR, §300.600, which establishes requirements for state monitoring and enforcement.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code (TEC), §28.025; §§29.001, 29.003, and 29.013, as amended by House Bill (HB) 2 and Senate Bill (SB) 568, 89th Texas Legislature, Regular Session, 2025; §29.026, as added by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025; §30.002, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025; §30.0021, as added by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025; §30.081, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025; §30.085; §30.086; and §48.1021 and §48.315, as added by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025; Texas Government Code, §392.002; and 34 Code of Federal Regulations (CFR), §§300.8, 300.100, 300.101, 300.102, 300.111, 300.149, and 300.600.

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 March 16, 2026.

TRD-202601251

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: April 5, 2026

Proposal publication date: November 7, 2025

For further information, please call: (512) 475-1497

DIVISION 4. SPECIAL EDUCATION FUNDING

19 TAC §89.1127

STATUTORY AUTHORITY. The new rule is adopted under Texas Education Code (TEC), §28.025, which establishes requirements related to high school graduation and academic achievement records; TEC, §29.001, as amended by House Bill (HB) 2 and Senate Bill (SB) 568, 89th Texas Legislature, Regular Session, 2025, which establishes criteria for the implementation of special education law, including rulemaking as part of the comprehensive system focused on maximizing student outcomes; TEC, §29.003, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which requires the Texas Education Agency (TEA) to develop eligibility criteria for students receiving special education services; TEC, §29.013, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which establishes noneducational community-based support services grants for certain students with disabilities and requires the commissioner to adopt rules regarding the grants awarded under this section; TEC, §29.026, as added by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which grants the commissioner rulemaking authority to implement TEC, Chapter 29, Educational Programs, Subchapter A, Special Education Program; TEC, §30.002, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which requires TEA to develop and administer a statewide plan for the education of children with visual impairments, children who are deaf or hard of hearing, and children who are deafblind; TEC, §30.0021, as added by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which establishes requirements for students with visual impairments; TEC, §30.081, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which establishes the legislative intent concerning regional day schools for the deaf; TEC, §30.085, which establishes the use of local resources in the establishment and operation of the regional day school programs for the deaf; TEC, §30.086, which establishes powers and duties of TEA regarding regional day schools for the deaf; TEC, §48.1021, as added by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which establishes special education service group funding; TEC, §48.315, as added by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025, which establishes funding for regional day school programs for the deaf; Texas Government Code, §392.002, which establishes the use of person first respectful language required by the legislature and the Texas Legislative Council; 34 CFR, §300.8, which defines terms regarding a child with a disability; 34 CFR, §300.100, which establishes eligibility criteria for a state to receive assistance; 34 CFR, §300.101, which defines the requirement for all children residing in the state between the ages of 3-21 to have free appropriate public education available; 34 CFR, §300.102, which establishes criteria for limitation-exception to free appropriate public education for certain ages; 34 CFR, §300.111, which defines the requirement of the state to have policies and procedures in place regarding child find; 34 CFR, §300.149, which establishes the state education agency's responsibility for general supervision; and 34 CFR, §300.600, which establishes requirements for state monitoring and enforcement.

CROSS REFERENCE TO STATUTE. The new rule implements Texas Education Code (TEC), §28.025; §§29.001, 29.003, and 29.013, as amended by House Bill (HB) 2 and Senate Bill (SB) 568, 89th Texas Legislature, Regular Session, 2025; §29.026, as added by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025; §30.002, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025; §30.0021, as added by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025; §30.081, as amended by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025; §30.085; §30.086; and §48.1021 and §48.315, as added by HB 2 and SB 568, 89th Texas Legislature, Regular Session, 2025; Texas Government Code, §392.002; and 34 Code of Federal Regulations (CFR), §§300.8, 300.100, 300.101, 300.102, 300.111, 300.149, and 300.600.

§89.1127. Noneducational Community-Based Support Services Grant Program.

(a) Definitions. The following definitions shall apply.

(1) "At risk of being placed in a residential program" means either the student's school district has given the student's parent a prior notice in writing proposing to initiate or change the placement of the student from a day placement program to a residential program or the student's admission, review, and dismissal committee has discussed this more restrictive placement as a possibility if the student's current placement in a day placement program is determined to not provide the student a free appropriate public education. This would be confirmed with the school system prior to approving a grant for this reason. If the school district does not provide confirmation, the grant administrator must notify the parent and offer the parent an opportunity to provide information that serves as confirmation.

(2) "Day placement program" means a day placement program approved under Texas Education Code, §29.008, which could include a student who is receiving special education and related services in or on a nonpublic facility or on a district campus or facility in a special education setting more than 50% of the instructional day.

(3) "Parent" means a person who meets the definition of parent in 34 Code of Federal Regulations, §300.30.

(4) "School district" includes open-enrollment charter schools.

(b) The Texas Education Agency shall designate a regional education service center (ESC) to administer grants under this program.

(c) Each school district must:

(1) inform the parent of an eligible student of the availability of grants under this program; and

(2) designate a staff member to assist families in accessing grants under this program.

(d) The designated ESC shall develop or establish the following:

(1) an accessible application for a parent to apply for a grant;

(2) procedures to verify with the agency and the school district, when necessary, the student's eligibility for a grant;

(3) procedures related to establishing an account for a parent to access the grant funds once a student is determined eligible;

(4) a list of approved services and service providers;

(5) procedures for a parent or service provider to request placement on the list of approved services and service providers;

(6) procedures to pay service providers for approved services; and

(7) procedures for a parent to request an increase in their grant amount.

(e) A parent of an eligible student must complete the application process and the procedures developed by the designated ESC to access the grants under this program.

(f) Initial grant amounts under this program shall be $5,000, subject to available funding.

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 March 16, 2026.

TRD-202601252

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: April 5, 2026

Proposal publication date: November 7, 2025

For further information, please call: (512) 475-1497

CHAPTER 129. STUDENT ATTENDANCE

SUBCHAPTER AA. COMMISSIONER'S RULES

19 TAC §129.1031

The Texas Education Agency (TEA) adopts an amendment to §129.1031, concerning student attendance. The amendment is adopted without changes to the proposed text as published in the November 14, 2025 issue of the Texas Register (50 TexReg 7401) and will not be republished. The adopted amendment clarifies student eligibility and attendance reporting for off-campus programs and expands the list of entities that may provide those programs.

REASONED JUSTIFICATION: Section 129.1031 explains student and funding eligibility for off-campus programs.

The amendment to §129.1031(a) updates the statutory authority from Texas Education Code (TEC), §42.0052 to §48.005(g-1) and §48.007.

New subsection (b) expands the types of entities that can provide off-campus instructional programs eligible for course credit. In addition to existing provisions, it includes career and technical education providers, student internships, project-based research opportunities, work-based learning opportunities, private schools accredited by recognized accrediting entities, community-based child-care providers meeting criteria under TEC, §29.153, and other off-campus instructional entities approved by the school district.

New subsection (c) adds eligibility criteria required for a student to participate in an off-campus program.

New subsection (c)(1) adds eligibility criteria needed for students participating in an off-campus programs provided by institutions of higher education.

New subsection (c)(1)(A) states that eligible students must have parental approval for the specific program unless they are 18 or older.

New subsection (c)(2) adds criteria that students participating in an off-campus program not provided by an institution of higher education must meet.

New subsection (c)(2)(A) adds that students need to have parental approval for the specific program unless they are 18 or older.

New subsection (c)(2)(B) adds that students must meet the eligibility requirements adopted by a school district or an open-enrollment charter school for participation in off-campus programs.

The amendment to subsection (d)(1) clarifies language to include students participating part time in an off-campus program.

New subsection (d)(2) was added to explain that, for students enrolled full time in an off-campus program, the school district or charter school will set a specific time to take attendance in coordination with the program. The district or charter will also have the flexibility to choose a different attendance time for certain student groups separate from the district's usual schedule.

The amendment to subsection (d)(3) specifies that alternate attendance-taking times may not be changed once they are selected unless permitted by TEA.

The amendment to subsection (e) removes the term "college" and replaces it with broader language concerning any entity providing an off-campus program.

New subsection (e)(1) was added to state that the school district or charter school is responsible for ensuring that any approved off-campus program complies with all applicable requirements set by the TEC or other relevant authorities.

New subsection (e)(1)(A) was added to include student enrollment requirements.

New subsection (e)(1)(B) was added to include assessments required by provisions of TEC, Chapter 39.

New subsection (e)(2) was added to specify requirements for attendance and assessment and accountability purposes.

New subsection (e)(2)(A) was added to require a student participating part time in an off-campus program to remain enrolled in their district or charter school campus.

New subsection (e)(2)(B) was added to require a student participating full time in an off-campus program to be enrolled in a campus with a county district campus number (CDCN) establish by the school district or charter school to fulfill serving full-time students under this section. A CDCN may be granted for one or more off-campus providers. An application for a new CDCN for a full-time off-campus program must meet all requirements for new CDCNs.

New subsection (e)(2)(B)(i) was added to indicate that, if performance of the full-time program results in the revocation of the CDCN for discretionary or mandatory reasons under TEC, Chapter 39A, and other statutes, a school district or charter school is not eligible for funding under this section under the revoked CDCN until TEA reauthorizes the school district or charter school to receive a CDCN for that off-campus provider to serve full-time students.

New subsection (e)(2)(B)(ii) was added to indicate that charter schools must also meet expansion criteria and receive approval for an additional campus prior to requesting a new CDCN for a full-time off-campus program.

New subsection (e)(2)(C) was added to authorize a full-time off-campus program to operate without a separate CDCN if the number of students enrolled in a full-time off-campus program will not meet the threshold to generate an accountability rating for the campus. A district or charter school operating a full-time off-campus program must enroll these students in an existing campus.

New subsection (e)(3) was added to address revocation of eligibility of district or charter school to receive funding if the commissioner determines the performance or health and safety of students participating in the program is no longer satisfactory.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began November 14, 2025, and ended December 15, 2025. Following is a summary of public comments received and agency responses.

Comment: An individual stated a student present at an approved off-campus program should be counted present and not have any attendance penalties.

Response: The agency agrees. The rule states that a student present at an approved off-campus program is to be counted present as prescribed by the rule and the Student Attendance Accounting Handbook (SAAH) adopted by reference under 19 TAC §129.1025.

Comment: Graduation Alliance proposed language to recognize the Optional Flexible School Day Program (OFSDP) within §129.1031(b)(8).

Response: The agency disagrees as OFSDP is a separate program.

Comment: Graduation Alliance suggested language to align with definitions and procedures currently outlined in the SAAH in §3.6.2.2 and §11.10.2.

Response: The agency disagrees with making the suggested change. The SAAH will be revised for the 2026-2027 school year to align with this rule.

Comment: The Graduation Alliance suggested clarification in subsection (e)(2) for enrollment and accountability structures for OFSDP Online Dropout Recovery Programs.

Response: The agency disagrees as OFSDP is a separate program and not an off-campus program.

STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §48.005(g-1), which requires the commissioner to adopt rules to calculate average daily attendance for students in a blended learning programs where instruction is supplemented with learning opportunities, including internships, externships, and apprenticeships; and TEC, §48.007, which requires the commissioner to adopt verification and reporting procedures concerning time spent by students participating in instructional programs provided off campus by an entity other than a school district or an open-enrollment charter school.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §48.005(g-1) and §48.007.

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 March 16, 2026.

TRD-202601254

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: April 5, 2026

Proposal publication date: November 14, 2025

For further information, please call: (512) 475-1497