| (a) Special education and related services shall be
provided to eligible students in accordance with all applicable federal
law and regulations, state statutes, rules of the State Board of Education,
State Board for Educator Certification, and commissioner of education,
and the Individuals with Disabilities Education Act (IDEA).
(b) Education programs under the direction and control
of the Texas Juvenile Justice Department, Texas School for the Blind
and Visually Impaired, Texas School for the Deaf, and schools within
the Texas Department of Criminal Justice shall comply with state and
federal law and regulations concerning the delivery of special education
and related services to eligible students and shall be monitored by
the Texas Education Agency in accordance with the requirements identified
in subsection (a) of this section.
(c) Residential facility refers to a facility defined
by Texas Education Code, §5.001(8), which includes any person,
facility, or entity that provides 24-hour custody or care of a person
residing in the facility for detention, treatment, foster care, or
any noneducational purpose. A school district must initiate Child
Find outreach activities to locate, evaluate, and identify eligible
students in any residential facility within its boundaries. If a student
is eligible, a school district must provide the required special education
and related services to the student unless, after contacting the facility
to offer those services to eligible students with disabilities, the
facility can demonstrate that the services are provided by another
educational program provider, such as a charter school, approved nonpublic
school, or a facility operated private school. However, the district
shall, at minimum, contact the facility at least twice per year to
conduct Child Find activities and to offer services to eligible students
with disabilities.
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| Source Note: The provisions of this §89.1001 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective August 22, 2024, 49 TexReg 6198 |
