| (a) An individual who is a member of a special population
as defined in 20 United States Code (USC), §2302(29), shall be
provided career and technical education in accordance with all applicable
federal law and regulations, state statutes, and rules of the State
Board of Education (SBOE) and commissioner of education.
(b) A student with a disability shall have access to
career and technical education in accordance with the provisions of
the Individuals with Disabilities Education Improvement Act (IDEA)
of 2004, 20 USC, §§1400-1491o, and implementing regulations,
state statutes, and rules of the SBOE and commissioner of education
relating to services to students with disabilities.
(c) A student with a disability shall be instructed
in accordance with the student's individualized education program
(IEP) in the least restrictive environment, as determined by the admission,
review, and dismissal (ARD) committee. If a student is unable to receive
a free appropriate public education (educational benefit) in a regular
career and technical education program, using supplementary aids and
services, the student may be served in separate programs designed
to address the student's occupational/training needs, such as career
and technical education for students with disabilities programs.
(d) A student with a disability identified in accordance
with provisions of Public Law 105-302 and the IDEA of 2004, 20 USC, §§1400-1491o,
is an eligible participant in career and technical education when
the requirements of this subsection are met.
(1) The ARD committee shall include a representative
from career and technical education, preferably the teacher, when
considering initial or continued placement of a student in a career
and technical education program. An ARD committee member, including
a member described in this subsection, is not required to attend an
ARD committee meeting if the conditions of 34 Code of Federal Regulations
(CFR), §300.321(e)(1), regarding attendance, or 34 CFR, §300.321(e)(2),
regarding excusal, have been met.
(2) Planning for students with disabilities shall be
coordinated among career and technical education, special education,
and state rehabilitation agencies and should include a coherent sequence
of courses.
(3) A school district shall monitor to determine if
the instruction being provided students with disabilities in career
and technical education classes is consistent with the IEP developed
for a student.
(4) A school district shall provide supplementary services
that each student with a disability needs to successfully complete
a career and technical education program such as curriculum modification,
equipment modification, classroom modification, supportive personnel,
and instructional aids and devices.
(5) A school district shall help fulfill the transitional
service requirements of the IDEA of 2004, 20 USC, §§1400-1491o,
and implementing regulations, state statutes, and rules of the commissioner
of education for each student with a disability who is completing
a coherent sequence of career and technical education courses.
(6) When determining placement in a career and technical
education classroom, the ARD committee shall consider a student's
graduation plan, the content of the IEP, including the consideration
of transition services, and classroom supports. Enrollment numbers
should not create a harmful effect on student learning for a student
with or without disabilities in accordance with the provisions in
the IDEA of 2004, 20 USC, §§1400-1491o, and its implementing
regulations.
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| Source Note: The provisions of this §75.1023 adopted to be effective May 29, 1996, 21 TexReg 4329; amended to be effective December 26, 1999, 24 TexReg 11325; amended to be effective June 7, 2010, 35 TexReg 4699; amended to be effective July 12, 2012, 37 TexReg 5132 |
