| (a) Each school district must maintain an eligibility
folder for each student receiving special education and related services,
in addition to the student's cumulative record. The eligibility folder
must include, but will 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) and supporting
data.
(b) Each school district must develop policies, procedures,
programs, and practices that are consistent with the state's established
policies, procedures, programs, and services to implement the Individuals
with Disabilities Education Act.
(c) For school districts providing special education
services to students with visual impairments, there must be written
procedures as required in Texas Education Code (TEC), §30.002(c)(10).
(d) Each school district must ensure that each teacher
who provides instruction to a student with disabilities:
(1) has access to relevant sections of the student's
current IEP;
(2) is informed of the teacher's specific responsibilities
related to implementation of the IEP, such as goals and objectives,
and of needed accommodations, modifications, and supports for the
student; and
(3) has an opportunity to request assistance regarding
implementation of the student's IEP.
(e) Each school district must develop a process to
be used by a teacher who instructs a student with a disability in
a general education classroom setting:
(1) to request a review of the student's IEP;
(2) to provide input in the development of the student's
IEP;
(3) that provides for a timely district response to
the teacher's request; and
(4) that provides for notification to the student's
parent or legal guardian of that response.
(f) Students with disabilities must have available
an instructional day commensurate with that of students without disabilities.
The ARD committee must determine the appropriate instructional setting
and length of day for each student, and these must be specified in
the student's IEP.
(g) School districts that contract for services from
nonpublic day schools or residential placements must do so in accordance
with 34 Code of Federal Regulations (CFR), §300.147, and §89.1092
and §89.1094 of this title (relating to Contracting for Nonpublic
Residential Placements for the Provision of a Free Appropriate Public
Education (FAPE) and Contracting for Nonpublic or Non-District Operated
Day Placements for the Provision of a Free Appropriate Public Education
(FAPE)).
(h) Whenever a school district proposes or refuses
to initiate or change the identification, evaluation, or educational
placement of a student or the provision of a free appropriate public
education to the student, the school district must provide prior written
notice as required in 34 CFR, §300.503, including providing the
notice in the parent's native language or other mode of communication.
This notice must be provided to the parent at least five school days
before the school district proposes or refuses the action unless the
parent agrees to a shorter timeframe.
(i) The transition and employment designee required
of each school district or shared services arrangement by TEC, §29.011,
must complete the required training as developed by the commissioner
of education and provide information about transition requirements
and coordination among parents, students, and appropriate state agencies
to ensure that school staff can communicate and collaborate effectively.
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| Source Note: The provisions of this §89.1075 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective February 15, 2018, 43 TexReg 763; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective August 22, 2024, 49 TexReg 6198 |
