(a)Each school district must [shall] maintain an eligibility folder for each student receiving special education services, in addition to the student's cumulative record. The eligibility folder must include, but need 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). (b)For school districts providing special education services to students with visual impairments, there must [ shall] be written procedures as required in the Texas Education Code (TEC), §30.002(c)(10). (c)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. [(c)Each school district shall have procedures to ensure that each teacher involved in a student's instruction has the opportunity to provide input and request assistance regarding the implementation of the student's IEP. These procedures must include a method for a student's regular or special education teachers to submit requests for further consideration of the student's IEP or its implementation. In response to this request, the district's procedures shall include a method for the district to determine whether further consideration is necessary and whether this consideration will be informal or will require an ARD committee meeting. If the district determines that an ARD committee meeting is necessary, the student's current regular and special education teachers shall have an opportunity to provide input. The school district shall also ensure that each teacher who provides instruction to a student with disabilities receives relevant sections of the student's current IEP and that each teacher be informed of specific responsibilities related to implementing the IEP, such as goals and benchmarks, and of needed accommodations, modifications, and supports for the child.] (d)Each school district must develop a process to be used by a teacher who instructs a student with a disability: (1)to request a review of the student's IEP; (2)that provides for a timely district response to the teacher's request; and (3)that provides for notification to the student's parent or legal guardian of that response. (e)[(d)] Students with disabilities must [shall] have available an instructional day commensurate with that of students without disabilities. The ARD committee must [shall] determine the appropriate instructional setting and length of day for each student, and these must [ shall] be specified in the student's IEP. (f)[(e)] School districts that jointly operate their special education programs as a shared services arrangement, in accordance with TEC, §29.007, must [ shall] do so in accordance with procedures developed by the Texas Education Agency (TEA). (g)[(f)] School districts that contract for services from non-public day schools must [shall ] do so in accordance with 34 Code of Federal Regulations, §300.147, and procedures developed by the TEA.
The agency certifies that legal counsel has
reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on June 2, 2014
TRD-201402598 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: July 13, 2014
For further information, please call: (512) 475-1497
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