(a) Pursuant to state and federal law, services provided
in accordance with this subchapter must be available to all eligible
students ages 3-21. Services will be made available to eligible students
on their third birthday. Graduation with a regular high school diploma
pursuant to §89.1070(b)(1), (b)(3)(D), (f)(1), (f)(2), (f)(3),
or (f)(4)(D) of this title (relating to Graduation Requirements) terminates
a student's eligibility to receive services in accordance with this
subchapter. An eligible student receiving special education services
who is 21 years of age on September 1 of a school year will be eligible
for services through the end of that school year or until graduation
with a regular high school diploma pursuant to §89.1070(b)(1),
(b)(3)(D), (f)(1), (f)(2), (f)(3), or (f)(4)(D) of this title, whichever
comes first.
(b) In accordance with the Texas Education Code (TEC), §§29.003,
30.002(a), and 30.081, a free appropriate public education must be
available from birth to students with visual impairments or who are
deaf or hard of hearing.
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Source Note: The provisions of this §89.1035 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective December 2, 2015, 40 TexReg 8642; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective October 5, 2021, 46 TexReg 6533 |