|(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 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) 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.
|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