(a)Each school district must maintain an eligibility
folder for each student receiving special education and related services,
in addition to the student's cumulative record. The eligibility folder
must include, but will [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) and supporting data.
(b)Each school district must develop
policies, procedures, programs, and practices that are consistent
with the state's established policies, procedures, programs, and services
to implement the Individuals with Disabilities Education Act.
(c)[(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).
(d)[(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.
(e)[(d)] Each school district
must develop a process to be used by a teacher who instructs a student
with a disability in a general education [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.
(f)[(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.
(g)[(f)] School districts that
contract for services from nonpublic [non-public]
day schools or residential placements must do so in accordance
with 34 Code of Federal Regulations (CFR), §300.147,
and §89.1092 and §89.1094 of this title (relating
to Contracting for Nonpublic Residential Placements for the Provision
of a Free Appropriate Public Education (FAPE) and Contracting for
Nonpublic or Non-District Operated Day Placements for the Provision
of a Free Appropriate Public Education (FAPE)) [Students
Receiving Special Education and Related Services in an Off-Campus
Program)].
(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)The transition and employment
designee required of each school district or shared services arrangement
by TEC, §29.011, must complete the required training as developed
by the commissioner of education and provide information about transition
requirements and coordination among parents, students, and appropriate
state agencies to ensure that school staff can communicate and collaborate
effectively.
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-202401686 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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