| committed an expellable offense or an offense that may lead to
a placement in a disciplinary alternative education program. The requirements
of this subsection do not prohibit the ARD committee from recessing
an ARD committee meeting for reasons other than the failure to reach
mutual agreement about all required elements of an IEP.
(2) During the recess, the ARD committee members must
consider alternatives, gather additional data, prepare further documentation,
and/or obtain additional resource persons who may assist in enabling
the ARD committee to reach mutual agreement.
(3) If a recess is implemented as provided in paragraph
(1) of this subsection and the ARD committee still cannot reach mutual
agreement, the school district must implement the IEP that it has
determined to be appropriate for the student.
(4) Each member of the ARD committee who disagrees
with the IEP developed by the ARD committee is entitled to include
a statement of disagreement in the IEP.
(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) If the student's parent is unable to speak English
and the parent's native language is Spanish, the school district must
provide a written copy or audio recording of the student's IEP translated
into Spanish. If the student's parent is unable to speak English and
the parent's native language is a language other than Spanish, the
school district must make a good faith effort to provide a written
copy or audio recording of the student's IEP translated into the parent's
native language.
(1) For purposes of this subsection, a written copy
of the student's IEP translated into Spanish or the parent's native
language means that all of the text in the student's IEP in English
is accurately translated into the target language in written form.
The IEP translated into the target language must be a comparable rendition
of the IEP in English and not a partial translation or summary of
the IEP in English.
(2) For purposes of this subsection, an audio recording
of the student's IEP translated into Spanish or the parent's native
language means that all of the content in the student's IEP in English
is orally translated into the target language and recorded with an
audio device. A school district is not prohibited from providing the
parent with an audio recording of an ARD committee meeting at which
the parent was assisted by an interpreter as long as the audio recording
provided to the parent contains an oral translation into the target
language of all of the content in the student's IEP in English.
(3) If a parent's native language is not a written
language, the school district must take steps to ensure that the student's
IEP is translated orally or by other means to the parent in his or
her native language or other mode of communication.
(4) Under 34 CFR, §300.322(f), a school district
must give a parent a written copy of the student's IEP at no cost
to the parent. A school district meets this requirement by providing
a parent with a written copy of the student's IEP in English or by
providing a parent with a written translation of the student's IEP
in the parent's native language in accordance with paragraph (1) of
this subsection.
(j) A school district must comply with the following
for a student who is new to the school district.
(1) When a student transfers to a new school district
within the state in the same school year and the parents or previous
school district verifies that the student had an IEP that was in effect
in the previous district, the new school district must meet the requirements
of 34 CFR, §300.323(e), regarding the provision of special education
services. The timeline for completing the requirements outlined in
34 CFR, §300.323(e)(1) or (2), is 20 school days from the date
the student is verified as being a student eligible for special education
services.
(2) When a student transfers from a school district
in another state in the same school year and the parents or previous
school district verifies that the student had an IEP that was in effect
in the previous district, 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 20 school days from the date the student
is verified as being a student eligible for special education services.
(3) In accordance with 34 CFR, §300.323(g), the
new school district must take reasonable steps to promptly obtain
the student's records from the previous school district, and, in accordance
with TEC, §25.002, and 34 CFR, §300.323(g), the previous
school district 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 who registers 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, if the parents or in- or out-of-state school district verifies
before the new school year begins that the student had an IEP that
was in effect in the previous district, 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. If the student's
eligibility for special education and related services cannot be verified
before the start of the new school year, the timelines in paragraphs
(1) and (2) of this subsection apply to the student.
(5) In the case of a student described by paragraph
(4) of this subsection, if the new district wishes to convene an ARD
committee meeting to consider revision to the student's IEP before
the beginning of the school year, the new district must determine
whether the parent will agree to waive the requirement in subsection
(d) of this section that the written notice of the ARD committee meeting
must be provided at least five school days before the meeting. If
the parent agrees to a shorter timeframe, the new district must make
every reasonable effort to hold the ARD committee meeting prior to
the first day of the new school year if the parent agrees to the meeting
time.
(6) For the purposes of this subsection, "verify" means
that the new school district has received a copy of the student's
IEP that was in effect in the previous district.
(7) While the new school district waits for verification,
the new school district must take reasonable steps to provide, in
consultation with the student's parents, services comparable to those
the student received from the previous district if the new school
district has been informed by the previous school district of the
student's special education and related services and placement.
(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; amendedto be effective June 7, 2022, 47 TexReg 3248; amended to be effective July 18, 2023, 48 TexReg 3906 |
