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(a)Each school district must 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 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.
(d)Each school district must develop a process to
be used by a teacher who instructs a student with a disability in
a regular classroom setting:
(1)to request a review of the student's IEP;
(2)to provide input in the development of the student's
IEP;
(3)that provides for a timely district response to
the teacher's request; and
(4)that provides for notification to the student's
parent or legal guardian of that response.
(e)Students with disabilities must have available
an instructional day commensurate with that of students without disabilities.
The ARD committee must determine the appropriate instructional setting
and length of day for each student, and these must be specified in
the student's IEP.
(f)School districts that contract for services from
non-public day schools must do so in accordance with 34 Code of Federal
Regulations, §300.147, and §89.1094 of this title (relating
to Students Receiving Special Education and Related Services in an
Off-Campus Program).
The agency certifies that legal counsel has
reviewed the adoption and found it to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on February 22, 2021
TRD-202100695 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: March 14, 2021
Proposal publication date: October 16, 2020
For further information, please call: (512) 475-1497
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