19 Tex. Admin. Code § 89.1075 - General Program Requirements and Local District Procedures
(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 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) For school districts providing special
education services to students with visual impairments, there must be written
procedures as required in Texas Education Code (TEC), §30.002(c)(10).
(d) 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) Each school district must develop a
process to be used by a teacher who instructs a student with a disability in a
general education 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) 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) School districts
that contract for services from nonpublic 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)).
(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.
Notes
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