Texas Register, Volume 3, Number 1, Pages 1-31, January 3, 1978 Page: 9
This periodical is part of the collection entitled: Texas Register and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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Adaptations for Special Populations
Special Programs
226.35.74of Special Education
The Texas Education Agency proposes to amend Rule
226.35.74.080 concerning comprehensive services for the
visually handicapped by adding an administrative procedure
section, Section (b), to the rule. Section (a) of the rule, which
has already been adopted, contains State Board of Education
policy for the program of services for the visually handi-
capped.
Visually handicapped individuals are eligible for services
from birth through age 22. Services shall include basic
special services provided by regular or special education pro-
grams and such supplemental services as parental counseling
and training and orientation and mobility training.
The Texas Education Agency estimates the state cost for
Rule 226.35.74.080 as follows:
FY 1978 $2,970,000
FY 1979 $2,970,000
FY 1980 $3,200,000
FY 1981 $3,400,000
FY 1982 $3,600,000
The existing local special education program, funded under
the Foundation School Program, maintains responsibility for
providing the basic educational program for the visually
handicapped.
Public comment on the proposed amendment to Rule
226.35.74.080 is invited. Comments may be submitted by
telephoning the office of Dr. J. B. Morgan, associate commis-
sioner for Policies and Services, at (512) 475-7077, or by writ-
ing to him at 201 East 11th Street, Austin, Texas 78701.
All requests for a public hearing on proposed rules must be
received by the commissioner of education not more than 15
calendar days after notice of a proposed change in rules has
been published in the Texas Register.
This rule is promulgated under the authority of Sections
11.052, 11.091, 11.102, 16.104, and 16.161, Texas Education
Code, and Article 4413(202), Vernon's Texas Civil Statutes.
.080. Comprehensive Services for the Visually Handi-
capped.
(b) Administrative procedure.
(1) Program eligibility and authority. All ac-
credited school districts operating approved special
education programs under the Foundation School Pro-
gram or regional education service centers are eligible to
apply for and receive state funding aid for the provision
of educational and related services to visually handi-
capped individuals ages birth through 22.
(A) Basic special education services. The local
school district is responsible for providing to visually
handicapped individuals residing within their district
boundaries all those basic special services routinely pro-
vided by regular or special education as specified in cur-
rent policies, procedures, and guidelines. The existing
local special education programs shall maintain respon-
sibility for providing the basic educational program for
the visually handicapped by allocating the necessaryresource and services as are provided to other handi-
capped students in special education programs.
(B) Supplemental services for the visually
handicapped. Additional special services required by the
unique nature of individuals with visual handicaps are
the ultimate responsibiity of school districts using supple-
mental assistance. Supplemental services as provided for
in law, policy, and procedures may be provided either
directly by the school district or through contract or
working arrangements. Program eligibility and
authority for supplemental programs for the visually
handicapped are as follows:
(i) Local district programs. Local districts will
be eligible for supplemental state funds and have the ulti-
mate responsibility to provide supplemental services to
the visually handicapped.
' (ii) Special cooperatives to provide services to
the visually handicapped. If part or all of the necessary
services needed by visually handicapped individuals
cannot be provided by a single school district, two or
more school districts may develop special cooperatives in
order to provide those needed services. Subject to prior
approval of the Texas Education Agency, one district may
serve as the fiscal agent or the regional education service
center may serve in that capacity. The fiscal agent will
receive the supplemental funds and act as liaison and
agent for the cooperative with the Texas Education Agen.
cy. The fiscal agents' responsibilities include applica-
tions, reports, records, and accounting for the cooperative
program; coordinating and maintaining program plan-
ning and evaluation; and any other responsibilities of fis-
cal agents of special education cooperatives operating
under Texas Education Agency policies, procedures, and
guidelines.
Any modifications or changes in designation of fiscal
agents must receive prior approval from the local district
management and the Texas Education Agency.
Authority is granted to local districts to develop coopera-
tives which have as their purpose to serve the unique
needs of the visually handicapped. Cooperative programs
may or may not correspond to existing special education
cooperative boundaries. School districts may be able to
provide some services independent of other districts, and
at the same time cooperate with other programs for the
provision of other needed services. The most cost-effective
and programmatically effective arrangement should be
considered and incorporated into the program.
Cooperatives should be described in the planning docu-
ment and approved by each participating school district.
These cooperatives should operate under the same
policies, procedures, and guidelines as other special
education cooperatives.
(iii) Education service centers. Education serv-
ice centers are considered essential components of an
effective statewide program for the visually handicapped
and are eligible for supplemental funding for services to
the visually handicapped. Regional education service
centers may be providing as necessary both direct and
supportive services to visually handicapped students and
their programs. Education service centers may employ a
minimum of one qualified staff member whose majorVolume 3. Number 1. January 3. 1978
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Texas. Secretary of State. Texas Register, Volume 3, Number 1, Pages 1-31, January 3, 1978, periodical, January 3, 1978; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth252884/m1/9/?q=%22%22~1: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.