| (2) When a student transfers from a school district
in another state in the same school year and the parents verify that
the student was receiving special education services in the previous
school district or the previous school district verifies in writing
or by telephone that the student was receiving special education services,
the new school district must meet the requirements of 34 CFR, §300.323(f),
regarding the provision of special education services. If the new
school district determines that an evaluation is necessary, the evaluation
is considered a full individual and initial evaluation and must be
completed within the timelines established by §89.1011(c) and
(e) of this title. The timeline for completing the requirements in
34 CFR, §300.323(f)(2), if appropriate, is 30 calendar days from
the date of the completion of the evaluation report. If the school
district determines that an evaluation is not necessary, the timeline
for completing the requirements outlined in 34 CFR, §300.323(f)(2),
is 30 school days from the date the student is verified as being a
student eligible for special education services.
(3) In accordance with TEC, §25.002, and 34 CFR, §300.323(g),
the school district in which the student was previously enrolled must
furnish the new school district with a copy of the student's records,
including the student's special education records, not later than
the 10th working day after the date a request for the information
is received by the previous school district.
(k) All disciplinary actions regarding students with
disabilities must be determined in accordance with 34 CFR, §§300.101(a)
and 300.530-300.536; TEC, Chapter 37, Subchapter A; and §89.1053
of this title (relating to Procedures for Use of Restraint and Time-Out).
|
| Source Note: The provisions of this §89.1050 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective August 1, 2002, 27 TexReg 3061; amended to be effective November 16, 2003, 28 TexReg 9830; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective December 2, 2015, 40 TexReg 8642; amended to be effective March 22, 2017, 42 TexReg 1247; amended to be effective March 14, 2021, 46 TexReg 1466 |
