| (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.
(4) A student with a disability who has an IEP in place
from a previous in- or out-of-state school district and who enrolls
in a new school district during the summer is not considered a transfer
student for the purposes of this subsection or for 34 CFR, §300.323(e)
or (f). For these students, the new school district must implement
the IEP from the previous school district in full on the first day
of class of the new school year or must convene an ARD committee meeting
during the summer to revise the student's IEP for implementation on
the first day of class of the new school year.
(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).
If a school district takes a disciplinary action regarding a student
with a disability who receives special education services that constitutes
a change in placement under federal law, the district shall:
(1) not later than the 10th school day after the change
in placement:
(A) seek consent from the student's parent or person
standing in parental relation to the student to conduct a functional
behavioral assessment of the student if a functional behavioral assessment
has never been conducted on the student or the student's most recent
functional behavioral assessment is more than one year old; and
(B) review any previously conducted functional behavioral
assessment of the student and any behavior improvement plan or behavioral
intervention plan developed for the student based on that assessment;
and
(2) as necessary:
(A) develop a behavior improvement plan or behavioral
intervention plan for the student if the student does not have a plan;
or
(B) if the student has a behavior improvement plan
or behavioral intervention plan, revise the student's plan.
|
| 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; amended to be effective October 5, 2021, 46 TexReg6533; amended to be effective June 7, 2022, 47 TexReg 3248 |
