(a)Special education and related services
shall be provided to eligible students in accordance with all applicable
federal law and regulations, state statutes, rules of the State Board
of Education, State Board for Educator Certification, [(SBOE)
] and commissioner of education, and the [State Plan Under
Part B of the] Individuals with Disabilities Education Act (IDEA).
(b)Education programs under the direction and control
of the Texas Juvenile Justice Department, Texas School for the Blind
and Visually Impaired, Texas School for the Deaf, and schools within
the Texas Department of Criminal Justice shall comply with state and
federal law and regulations concerning the delivery of special education
and related services to eligible students and shall be monitored by
the Texas Education Agency in accordance with the requirements identified
in subsection (a) of this section.
(c)Residential facility refers to
a facility defined by Texas Education Code, §5.001(8), which
includes any person, facility, or entity that provides 24-hour custody
or care of a person residing in the facility for detention, treatment,
foster care, or any noneducational purpose. A school district must
initiate Child Find outreach activities to locate, evaluate, and identify
eligible students in any residential facility within its boundaries,
including facilities or schools under the direction and control of
the Texas Juvenile Justice Department or Texas Department of Criminal
Justice. If a student is eligible, a school district must provide
educational services to the student unless, after contacting the facility
to offer educational services to eligible students with disabilities,
the facility can demonstrate that educational services are provided
by another educational program provider, such as a charter school,
approved nonpublic school, or a facility operated private school.
However, the district shall, at minimum, contact the facility at least
twice per year to conduct Child Find activities and to offer services
to eligible students with disabilities.
[(c)A school district having a residential
facility that is licensed by appropriate state agencies and located
within the district's boundaries must provide special education and
related services to eligible students residing in the facility. If,
after contacting the facility to offer services to eligible students
with disabilities, the district determines that educational services
are provided through a charter school, approved non-public school,
or a facility operated private school, the district is not required
to provide services. However, the district shall annually contact
the facility to offer services to eligible students with disabilities.]
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 April 22, 2024
TRD-202401685 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 475-1497
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