19 Tex. Admin. Code § 75.1023 - Provisions for Individuals Who Are Members of Special Populations
(a) An individual who is a member of a
special population as defined in 20 United States Code (USC), §2302(29), shall
be provided career and technical education in accordance with all applicable
federal law and regulations, state statutes, and rules of the State Board of
Education (SBOE) and commissioner of education.
(b) A student with a disability shall have
access to career and technical education in accordance with the provisions of
the Individuals with Disabilities Education Improvement Act (IDEA) of 2004,
20 USC,
§§1400 - 1491o, and implementing regulations,
state statutes, and rules of the SBOE and commissioner of education relating to
services to students with disabilities.
(c) A student with a disability shall be
instructed in accordance with the student's individualized education program
(IEP) in the least restrictive environment, as determined by the admission,
review, and dismissal (ARD) committee. If a student is unable to receive a free
appropriate public education (educational benefit) in a regular career and
technical education program, using supplementary aids and services, the student
may be served in separate programs designed to address the student's
occupational/training needs, such as career and technical education for
students with disabilities programs.
(d) A student with a disability identified in
accordance with provisions of
Public Law
105-302 and the IDEA of 2004,
20 USC,
§§1400 - 1491o, is an eligible participant in
career and technical education when the requirements of this subsection are
met.
(1) The ARD committee shall include a
representative from career and technical education, preferably the teacher,
when considering initial or continued placement of a student in a career and
technical education program. An ARD committee member, including a member
described in this subsection, is not required to attend an ARD committee
meeting if the conditions of 34 Code of Federal Regulations (CFR),
§300.321(e)(1), regarding attendance, or
34 CFR,
§300.321(e)(2), regarding
excusal, have been met.
(2)
Planning for students with disabilities shall be coordinated among career and
technical education, special education, and state rehabilitation agencies and
should include a coherent sequence of courses.
(3) A school district shall monitor to
determine if the instruction being provided students with disabilities in
career and technical education classes is consistent with the IEP developed for
a student.
(4) A school district
shall provide supplementary services that each student with a disability needs
to successfully complete a career and technical education program such as
curriculum modification, equipment modification, classroom modification,
supportive personnel, and instructional aids and devices.
(5) A school district shall help fulfill the
transitional service requirements of the IDEA of 2004,
20 USC,
§§1400 - 1491o, and implementing regulations,
state statutes, and rules of the commissioner of education for each student
with a disability who is completing a coherent sequence of career and technical
education courses.
(6) When
determining placement in a career and technical education classroom, the ARD
committee shall consider a student's graduation plan, the content of the IEP,
including the consideration of transition services, and classroom supports.
Enrollment numbers should not create a harmful effect on student learning for a
student with or without disabilities in accordance with the provisions in the
IDEA of 2004,
20 USC,
§§1400 - 1491o, and its implementing
regulations.
Notes
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