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Historical Rule for the Texas Administrative Code

TITLE 19EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 89ADAPTATIONS FOR SPECIAL POPULATIONS
SUBCHAPTER AASPECIAL EDUCATION SERVICES
DIVISION 2CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS AND STATE LAW
RULE §89.1075General Program Requirements and Local District Procedures

(a) Each school district shall maintain an eligibility folder on each student receiving special education services, in addition to the student cumulative record. The eligibility folder must include, but need not be limited to: copies of referral data; documentation of notices and consents; assessment reports and supporting data; admission, review, and dismissal (ARD) committee deliberations; and the individual educational plan (IEP).

(b) For school districts providing special education services to students with visual impairments, there shall be written procedures as required in the Texas Education Code (TEC), §30.002(c)(10).

(c) Each school district shall provide parents of students receiving special education services written reports of the students' progress on the same timely basis as the reports provided to students in regular education.

(d) Each school district shall have procedures to ensure that each teacher involved in a student's instruction has the opportunity to provide input and request assistance regarding the implementation of the student's IEP. These procedures must include a method for a student's regular or special education teachers to submit requests for further consideration of the student's IEP or its implementation. In response to this request, the district's procedures shall include a method for the district to determine whether further consideration is necessary and whether this consideration will be informal or will require an ARD committee meeting. If the district determines that an ARD committee meeting is necessary, the student's current regular and special education teachers shall have an opportunity to provide input. The school district shall also ensure that each teacher who provides instruction to a student with disabilities receives relevant sections of the student's current IEP, such as goals and objectives, modifications/accommodations, and adaptations.

(e) Students with disabilities shall have available an instructional day commensurate with that of students without disabilities. The ARD committee shall determine the appropriate instructional setting and length of day for each student, and these shall be specified in the student's IEP.


Source Note: The provisions of this §89.1075 adopted to be effective September 1, 1996, 21 TexReg 7240.

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