(a) Each school district shall maintain an eligibility folder
for each student receiving special education services, in addition to the
student's cumulative record. The eligibility folder must include, but need
not be limited to: copies of referral data; documentation of notices and consents;
evaluation reports and supporting data; admission, review, and dismissal (ARD)
committee reports; and the student's individualized education programs (IEPs).
(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 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 and that each teacher
be informed of specific responsibilities related to implementing the IEP,
such as goals and benchmarks, and of needed accommodations, modifications,
and supports for the child.
(d) 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.
(e) School districts that jointly operate their special education
programs as a shared services arrangement, in accordance with TEC, §29.007,
shall do so in accordance with procedures developed by the Texas Education
Agency (TEA).
(f) School districts that contract for services from non-public
day schools shall do so in accordance with 34 Code of Federal Regulations, §300.402,
and procedures developed by the TEA.
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