Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 75 - CURRICULUM › Subchapter BB - COMMISSIONER'S RULES CONCERNING PROVISIONS FOR CAREER AND TECHNICAL EDUCATION › Section 75.1023 - Provisions for Individuals Who Are Members of Special Populations

Current through Reg. 49, No. 28; July 12, 2024
(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.