(a) Special education 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 (SBOE) and commissioner of
education, and the State Plan Under Part B of the Individuals with Disabilities
Education Act (IDEA).
(b) Education programs, under the direction and control of
the Texas Youth Commission, 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) A school district having a residential facility that is
licensed by appropriate state agencies and located within the district's boundaries
must provide special education and related services to eligible students residing
in the facility. If, after contacting the facility to offer services to eligible
students with disabilities, the district determines that educational services
are provided through a charter school, approved non-public school, or a facility
operated private school, the district is not required to provide services.
However, the district shall annually contact the facility to offer services
to eligible students with disabilities.
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