(a) The Texas Department of Health (department) adopts by reference a memorandum of understanding (MOU) between the Texas Education Agency, Texas Department of Mental Health and Mental Retardation, Texas Department of Health, Texas Department of Protective and Regulatory Services, Texas Commission on Alcohol and Drug Abuse, Texas Juvenile Probation Commission, Texas Youth Commission, Interagency Council on Early Childhood Intervention, and the Texas Department of Human Services. The MOU contains the agreement required by Texas Education Code, Chapter 29, §29.012, to establish the respective responsibilities of these agencies for the provision of a free appropriate public education for children with disabilities who reside in facilities operated or regulated by the agencies.     
      (b) The MOU is adopted by rule in 19 Texas Administrative Code, §89.1115.     
      (c) The effective date of the MOU, with respect to the department, is the same as the effective date of this section.     
     Source Note:        The provisions of this §3.41 adopted to be effective December 25, 2003, 28 TexReg 11268