Part 4.
TEXAS COMMISSION FOR THE BLIND
Chapter 169.
BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM
The Texas Commission for the Blind adopts on an emergency basis the
amendment of §169.4, pertaining to Definitions, and §169.52, pertaining
to Order of Selection Expenditure Categories. The Commission also adopts on
an emergency basis the repeal of §169.33, pertaining to Respite Care
Services. These rules are within Chapter 169, Blind Children's Vocational
Discovery and Development Program.
The state's appropriation bill for fiscal year 2004-2005, House Bill 1
(78th Legislature), reflects a substantial reduction in general revenue appropriated
to the Commission for providing services to children with visual impairments.
The Commission must take immediate steps to reduce expenditures and to ensure
that children who are blind receive priority during the expenditure of program
funds. Therefore, the adoption on an emergency basis is being made under the
authority of Government Code, §2001.034, which allows agencies to adopt
an emergency rule without prior notice or hearing if a requirement of state
or federal law requires adoption of a rule on fewer than 30 days' notice.
Section 169.4 as adopted has been amended to remove the definition of respite
care services. Section 169.33, pertaining to respite care services, has been
repealed. Respite care services will no longer be available to parents of
severely disabled blind children. Section 169.52 as adopted has been amended
to create eight priority categories rather than five within the Commission's
order of selection criteria. The amended order of selection provides clearer
notice to families where their children fall within the agency's priorities.
Because funds will be inadequate to serve all eligible children with visual
impairments, the Commission is implementing the order of selection immediately
to ensure that blind children and children who are severely visually impaired
receive a full range of services. The agency will be operating at category
C, priority 4 within §169.52 effective September 1 on an emergency basis
and will continue operating at this level for the foreseeable future upon
adoption of permanent rules proposed in this same issue of the
Texas Register
. At this level, expenditure of case service funds will
be limited to planned, necessary program services of children who meet the
definition of being blind, children who are blind in one eye and who have
a severe visual loss in the other eye, children who have a corrected visual
acuity of 20/70 or worse in the better eye, and children who are certified
as visually impaired by a local education agency.
Subchapter A. GENERAL INFORMATION
40 TAC §169.4
The amended rules are adopted on an emergency basis under
the authority of the Human Resources Code, Chapter 91, §91.011 and §91.028
(relating to Services for Visually Handicapped Children), which authorize
the Commission to adopt rules for the administration of its programs, and
Government Code, §2001.034, which allows agencies to adopt an emergency
rule.
The adoption affects no other statutes.
§169.4.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise. The
use of the singular or plural case is not meant to be limiting unless the
context clearly indicates otherwise.
(1)-(12)
(No change.)
[(13)
Respite care services--Services provided
to the parent of a child as a period of temporary relief from their responsibilities
as primary caregiver.]
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
This agency hereby certifies that the emergency adoption
has been reviewed 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 August 12, 2003.
TRD-200305080
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Effective Date: August 12, 2003
Expiration Date: December 10, 2003
For further information, please call: (512) 377-0611
(14)
] Restoration services--Services
to eliminate or reduce limitations imposed by a visual impairment on the functioning
of a child and cosmetic services necessary to improve the physical appearance
of the child's eyes when the eyes are abnormal to the extent that they negatively
impact the child's social and emotional well-being.
(15)
] Severe visual loss--A loss
of vision such that the best corrected visual acuity is between 20/70 and
20/200 in the better eye; or a visual loss such that the visual field is 30
degrees or less but greater than 20 degrees with best correction.
(16)
] Severely visually impaired
child--A child with a visual impairment that has resulted in a permanent condition
of blindness or severe visual loss; or a child who has been certified as blind
or severely visually impaired by a local education agency; or a child who
has been determined to be functioning as a person who is blind or who has
a severe visual loss.
(17)
] Technology services--Services
to provide a child access to an item, piece of equipment, or product system
that maintains or improves the child's communication, independent living,
social, or prevocational skills.
(18)
] Visual impairment--An injury,
disease, or other disorder that reduces, or if not treated will probably result
in reducing, visual functioning; or a visual condition requiring cosmetic
treatment, psychological assistance, counseling, or other assistance that
the commission can render.
Subchapter C. SERVICES