reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 2 - CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS › Section 89.1052 - Discretionary Placements in Juvenile Justice Alternative Education Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies only to the
					 expulsion of a student with a disability under:
(1) Texas Education Code (TEC), §
												37.007(b),
					 (c), or (f); or
(2) TEC, §
												37.007(d),
					 as a result of conduct that contains the elements of any offense listed in TEC,
					 §
												37.007(b)(2)(C),
					 against any employee or volunteer in retaliation for or as a result of the
					 person's employment or association with a school district.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 2 - CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS › Section 89.1053 - Procedures for Use of Restraint and Time-Out

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirement to implement. In addition to
					 the requirements of 34 Code of Federal Regulations (CFR),
					 §300.324(a)(2)(i), school districts and charter schools must implement the
					 provisions of this section regarding the use of restraint and time-out. In
					 accordance with the provisions of Texas Education Code (TEC), §
											37.0021
					 (Use of Confinement, Restraint, Seclusion, and Time-Out), it is the policy of
					 the state to treat with dignity and respect all students, including students
					 with disabilities who receive special education services under TEC, Chapter 29,
					 Subchapter A.
(b) Definitions.
(1) Emergency means a situation in which a
					 student's behavior poses a threat of:
(A)
					 imminent, serious physical harm to the student or others; or
(B) imminent, serious property
					 destruction.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 2 - CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS › Section 89.1055 - Content of the Individualized Education Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The individualized education program
					 (IEP) developed by the admission, review, and dismissal (ARD) committee for
					 each student with a disability must comply with the requirements of 34 Code of
					 Federal Regulations (CFR), §300.320 and §300.324.
(b) The IEP must include a statement of any
					 individual appropriate and allowable accommodations in the administration of
					 assessment instruments developed in accordance with Texas Education Code (TEC),
					 §
											39.023(a)-(c),
					 or districtwide assessments of student achievement (if the district administers
					 such optional assessments) that are necessary to measure the academic
					 achievement and functional performance of the student on the assessments. If
					 the ARD committee determines that the student will not participate in a general
					 statewide or districtwide assessment of student achievement (or part of an
					 assessment), the IEP must include a statement explaining:
(1) why the student cannot participate in the
					 general assessment; and
(2) why the
					 particular alternate assessment selected is appropriate for the
					 student.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 2 - CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS › Section 89.1056 - Transfer of Assistive Technology Devices

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise specifically defined in
					 this section, the terms used in this section shall have the meanings ascribed
					 to such terms in Texas Education Code (TEC), §30.0015, (Transfer of
					 Assistive Technology Devices).
(b)
					 A transfer of an assistive technology device (ATD) pursuant to TEC,
					 §30.0015, shall be in accordance with a transfer agreement which
					 incorporates the standards described in TEC, §30.0015(c), and which
					 includes, specifically, the following.
(1)
					 The transferor and transferee must represent and agree that the terms of the
					 transfer are based on the fair market value of the ATD, determined in
					 accordance with generally accepted accounting principles.
(2) The informed consent of the parent of the
					 student with a disability for whom the ATD is being transferred must be
					 obtained before the transfer of an ATD pursuant to TEC, §30.0015. The
					 procedures employed by a school district in obtaining such informed consent
					 shall be consistent with the procedures employed by the district to obtain
					 parental consent under 34 Code of Federal Regulations (CFR), §300.300. If
					 the student has the legal capacity to enter into a contract, the informed
					 consent may be obtained from the student. Consistent with
					 34 CFR,
					 §300.505(c), informed
					 parental or adult student consent need not be obtained if the school district
					 can demonstrate that it has taken reasonable measures to obtain that consent,
					 and the student's parent or the adult student has failed to respond. To meet
					 the reasonable measures requirement, the school district must use procedures
					 consistent with those described in
					 34 CFR,
					 §300.322(d).
(3) If the transfer is a sale, then the sale
					 of the ATD shall be evidenced by a "Uniform Transfer Agreement" (UTA) which
					 includes the following:
(A) the names of the
					 transferor and the transferee (which may be any individual or entity identified
					 in TEC, §30.0015(b));
(B) the
					 date of the transfer;
(C) a
					 description of the ATD being transferred;
(D) the terms of the transfer (including the
					 transfer of warranties, to the extent applicable); and
(E) the signatures of authorized
					 representatives of both the transferor and the transferee.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 2 - CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS › Section 89.1065 - Extended School Year Services

Current through Reg. 49, No. 28; July 12, 2024
Extended school year (ESY) services are defined as
						individualized instructional programs beyond the regular school year for
						eligible students with disabilities.
(1) The need for ESY services must be
					 determined on an individual student basis by the admission, review, and
					 dismissal (ARD) committee in accordance with 34 Code of Federal Regulations
					 (CFR), §300.106, and the provisions of this section. In determining the
					 need for and in providing ESY services, a school district may not:
(A) limit ESY services to particular
					 categories of disability; or
(B)
					 unilaterally limit the type, amount, or duration of ESY services.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 2 - CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS › Section 89.1075 - General Program Requirements and Local District Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Each school district must maintain an
					 eligibility folder for each student receiving special education services, in
					 addition to the student's cumulative record. The eligibility folder must
					 include, but 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).
(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).
(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.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 2 - CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS › Section 89.1076 - Interventions and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
The Texas Education Agency (TEA) must establish and
						implement a system of interventions and sanctions, in accordance with the
						Individuals with Disabilities Education Act, 20 United States Code,
						§§1400 et seq., Texas Education Code (TEC), §29.010, and TEC,
						Chapter 39, as necessary to ensure program effectiveness and compliance with
						federal and state requirements regarding the implementation of special
						education and related services. In accordance with TEC, §
											39.102,
						the TEA may combine any intervention and sanction. The system of interventions
						and sanctions will include, but not be limited to, the following:
(1) on-site review for failure to meet
					 program or compliance requirements;
(2) required fiscal audit of specific
					 programs and/or of the district, paid for by the district;
(3) required submission of corrective
					 actions, including compensatory services, paid for by the district;
(4) required technical assistance, paid for
					 by the district;
(5) public release
					 of program or compliance review findings;
(6) special investigation and/or follow-up
					 verification visits;
(7) required
					 public hearing conducted by the local school board of trustees;
(8) assignment of a special purpose monitor,
					 conservator, or management team, paid for by the district;
(9) hearing before the commissioner of
					 education or designee;
(10)
					 reduction in payment or withholding of funds;
(11) lowering of the special education
					 monitoring/compliance status and/or the accreditation rating of the district;
					 and/or
(12) other authorized
					 interventions and sanctions as determined by the commissioner.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 2 - CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS › Section 89.1080 - Regional Day School Program for the Deaf

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Texas Education Code, §§
											30.081 -
						30.087, local school
						districts shall have access to regional day school programs for the deaf
						operated by school districts at sites previously established by the State Board
						of Education. Any student who is deaf or hard of hearing with a disability that
						severely impairs processing linguistic information through hearing, even with
						recommended amplification, and that adversely affects educational performance
						shall be eligible for consideration for the Regional Day School Program for the
						Deaf, subject to the admission, review, and dismissal committee
						recommendations.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 2 - CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS › Section 89.1085 - Referral for the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 student's admission, review, and dismissal (ARD) committee may place the
					 student at the Texas School for the Blind and Visually Impaired (TSBVI) or the
					 Texas School for the Deaf (TSD) in accordance with the provisions of 34 Code of
					 Federal Regulations (CFR), Part 300, the Texas Education Code (TEC), including,
					 specifically, §§30.021, 30.051, and 30.057, and the applicable rules
					 of this subchapter.
(b) In the
					 event that a student is placed by his or her ARD committee at either the TSBVI
					 or the TSD, the student's "resident school district," as defined in subsection
					 (e) of this section, shall be responsible for assuring that a free appropriate
					 public education (FAPE) is provided to the student at the TSBVI or the TSD, as
					 applicable, in accordance with the Individuals with Disabilities Education Act
					 (IDEA), 20 United States Code (USC), §§1400 et seq., 34 CFR, Part
					 300, state statutes, and rules of the State Board of Education (SBOE) and the
					 commissioner of education. If representatives of the resident school district
					 and representatives of the TSBVI or the TSD disagree, as members of a student's
					 ARD committee, with respect to a recommendation by one or more members of the
					 student's ARD committee that the student be evaluated for placement, initially
					 placed, or continued to be placed at the TSBVI or TSD, as applicable, the
					 representatives of the resident school district and the TSBVI or TSD, as
					 applicable, may seek resolution through the mediation procedures adopted by the
					 Texas Education Agency or through any due process hearing to which the resident
					 school district or the TSBVI or the TSD are entitled under the IDEA,
					 20 USC,
					 §§1400, et seq.
(c) When a student's ARD committee places the
					 student at the TSBVI or the TSD, the student's resident school district shall
					 comply with the following requirements.
(1)
					 For each student, the resident school district shall list those services in the
					 student's individualized education program (IEP) which the TSBVI or the TSD can
					 appropriately provide.
(2) The
					 district may make an on-site visit to verify that the TSBVI or the TSD can and
					 will offer the services listed in the individual student's IEP and to ensure
					 that the school offers an appropriate educational program for the
					 student.
(3) For each student, the
					 resident school district shall include in the student's IEP the criteria and
					 estimated time lines for returning the student to the resident school
					 district.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 2 - CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS › Section 89.1090 - Transportation of Students Placed in a Residential Setting, Including the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf

Current through Reg. 49, No. 28; July 12, 2024
For each student placed in a residential setting by the
						student's admission, review, and dismissal (ARD) committee, including those
						students placed in the Texas School for the Blind and Visually Impaired and the
						Texas School for the Deaf, the resident school district shall be responsible
						for transportation at the beginning and end of the term and for regularly
						scheduled school holidays when students are expected to leave the residential
						campus. The resident school district is not responsible for transportation
						costs for students placed in residential settings by their parents.
						Transportation costs shall not exceed state approved per diem and mileage rates
						unless excess costs can be justified and documented. Transportation shall be
						arranged using the most cost efficient means. When it is necessary for the
						safety of the student, as determined by the ARD committee, for an adult
						designated by the ARD committee to accompany the student, round-trip
						transportation for that adult shall also be provided. The resident school
						district and the residential facility shall coordinate to ensure that students
						are transported safely, including the periods of departure and
						arrival.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 2 - CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS › Section 89.1094 - Students Receiving Special Education and Related Services in an Off-Campus Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
					 The following words and terms, when used in this section, shall have the
					 following meanings, unless the context clearly indicates otherwise.
(1) School district--The definition of a
					 school district includes independent school districts established under Texas
					 Education Code (TEC), Chapter 11, Subchapters A-F, and open-enrollment charter
					 schools established under TEC, Chapter 12, Subchapter D.
(2) Off-campus program--An off-campus program
					 includes special education and related services provided during school hours by
					 someone other than school district personnel in a facility other than a school
					 district campus.
(3) Off-campus
					 program provider--An off-campus program provider is an entity that provides the
					 services identified in subsection (a)(2) of this section and includes:
(A) a county system operating under
					 application of former law as provided in TEC, §
													11.301;
(B) a regional education service center
					 established under TEC, Chapter 8;
(C) a nonpublic day school; or
(D) any other public or private entity with
					 which a school district enters into a contract under TEC, §
													11.157(a),
					 for the provision of special education services in a facility other than a
					 school district campus operated by a school district.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 2 - CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS › Section 89.1096 - Provision of Services for Students Placed by their Parents in Private Schools or Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
					 specifically provided in this section, in accordance with 34 Code of Federal
					 Regulations (CFR), §300.137, no eligible student who has been placed by
					 his or her parent(s) in a private school or facility has an individual right to
					 receive some or all of the special education and related services that the
					 student would receive if he or she were enrolled in a public school district.
					 Except as specifically set forth in this section, a school district's
					 obligations with respect to students placed by their parents in private schools
					 are governed by
					 34
					 CFR, §§300.130 -
					 300.144.
(1) For purposes of subsections (a) and (d)
					 of this section only, private school is defined as a private elementary or
					 secondary school, including any pre-school, religious school, and institutional
					 day or residential school, that:
(A) as
					 required by
					 34 CFR,
					 §300.13 and §
													300.130,
					 is a nonprofit entity that meets the definition of nonprofit in
					 34 CFR,
					 §77.1; and
(B) provides elementary or secondary
					 education that incorporates an adopted curriculum designed to meet basic
					 educational goals, including scope and sequence of courses, and formal review
					 and documentation of student progress.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 3 - MEMORANDA OF UNDERSTANDING AFFECTING SPECIAL EDUCATION STUDENTS › Section 89.1100 - Memorandum of Understanding on Coordination of Services to Disabled Persons

Current through Reg. 49, No. 28; July 12, 2024
Clarification of financial and service responsibilities
						of the Texas Department of Human Services, the Texas Department of Health, the
						Texas Department of Mental Health and Mental Retardation, the Texas
						Rehabilitation Commission, the Texas Commission for the Blind, the Texas
						Commission for the Deaf, Texas Department of Protective and Regulatory
						Services, Texas Interagency Council on Early Childhood Intervention, and the
						Texas Education Agency related to disabled persons are contained in the
						Memorandum of Understanding on Coordination of Services to Disabled Persons,
						which is adopted by reference as a rule of the Texas Education Agency. The
						complete text of the memorandum of understanding may be found in the rules of
						the Texas Department of Human Services, 40 Texas Administrative Code (TAC)
						Chapter 72. A copy of the memorandum of understanding is available for
						examination during regular office hours, 8:00 a.m. to 5:00 p.m., except
						holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701 North
						Congress Avenue, Austin, Texas 78701.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 3 - MEMORANDA OF UNDERSTANDING AFFECTING SPECIAL EDUCATION STUDENTS › Section 89.1115 - Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties. The state agencies named in this
					 subsection are parties to this memorandum of understanding (MOU) and will be
					 collectively referred to as the "parties." The term "Health and Human Service
					 (HHS) agencies" will refer to all parties except the Texas Education Agency,
					 Texas Juvenile Probation Commission, and Texas Youth Commission.
(1) Texas Education Agency (TEA);
(2) Texas Department of Human Services
					 (TDHS);
(3) Texas Department of
					 Mental Health and Mental Retardation (TDMHMR);
(4) Texas Department of Health
					 (TDH);
(5) Texas Department of
					 Protective and Regulatory Services (PRS);
(6) Texas Interagency Council on Early
					 Childhood Intervention (ECI);
(7)
					 Texas Commission on Alcohol and Drug Abuse (TCADA);
(8) Texas Juvenile Probation Commission
					 (TJPC); and
(9) Texas Youth
					 Commission (TYC).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 6 - REGIONAL EDUCATION SERVICE CENTER SPECIAL EDUCATION PROGRAMS › Section 89.1141 - Education Service Center Regional Special Education Leadership

Current through Reg. 49, No. 28; July 12, 2024
(a) Each regional education service center
					 (ESC) will provide leadership, training, and technical assistance in the area
					 of special education for students with disabilities in accordance with the
					 Texas Education Agency's (TEA) focus on increasing student achievement and
					 Texas Education Code (TEC), §8.051(d)(2) and (5), and will assist TEA in
					 the implementation of 34 Code of Federal Regulations (CFR)
					 §300.119.
(b) Each regional
					 ESC will provide technical assistance, support, and training in the area of
					 special education to school districts based on the results of a comprehensive
					 needs assessment process. Each regional ESC will continue to serve as first
					 point of contact for school districts, parents, and other community
					 stakeholders, and will provide for the joint training of parents and special
					 education, related services, and general education personnel.
(c) Regional ESC activities and
					 responsibilities will be in accordance with current instructions, program
					 guidelines, and program descriptions included in the ESC Performance Contract
					 and Application, which will be made accessible to the public through the TEA
					 website.
(d) The ESC must utilize
					 available TEA funding to implement activities and address needs identified
					 under subsections (a)-(c) of this section. If additional funding is needed to
					 implement supplementary or enhanced activities identified through the regional
					 needs assessment process, ESCs may access and utilize alternate sources of
					 funding. Any charges must be determined only after priorities have been
					 established through input from affected school districts, including data
					 collected from parents and communities through partnerships with school
					 districts.
(e) When an ESC provides
					 leadership, training, and support pertaining to education and related services
					 for students with visual impairments, directly or through contract, the
					 personnel providing such services must be appropriately certified as identified
					 in current program guidelines included in the ESC Performance Contract and
					 Application, regardless of the fund source used to fund the
					 service/personnel.
(f) Regional
					 ESCs may serve as fiscal agent for shared services arrangements in accordance
					 with procedures established under §
											89.1075(e)
					 of this title (relating to General Program Requirements and Local District
					 Procedures).
(g) For the purposes
					 of this subchapter, ESCs shall be considered to be educational service agencies
					 as defined in federal regulations.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 7 - DISPUTE RESOLUTION › Section 89.1150 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the
					 policy and intent of the Texas Education Agency (TEA) to encourage and support
					 the resolution of any dispute that arises between a parent and a public
					 education agency relating to the identification, evaluation, or educational
					 placement of or the provision of a free appropriate public education (FAPE) to
					 a student with a disability at the lowest level possible and in a prompt,
					 efficient, and effective manner.
(b) The possible options for resolving
					 disputes include, but are not limited to:
(1)
					 meetings of the student's admission, review, and dismissal committee, including
					 individualized education program (IEP) facilitation if offered by the public
					 education agency in accordance with §
												89.1196
					 of this title (relating to Individualized Education Program
					 Facilitation);
(2) meetings or
					 conferences with the student's teachers;
(3) meetings or conferences, subject to the
					 public education agency's policies, with the campus administrator, the special
					 education director of the public education agency (or the shared services
					 arrangement to which the public education agency may be a member), the
					 superintendent of the public education agency, or the board of trustees of the
					 public education agency;
(4)
					 requesting state IEP facilitation in accordance with §
												89.1197
					 of this title (relating to State Individualized Education Program
					 Facilitation);
(5) requesting
					 mediation through the TEA in accordance with 34 Code of Federal Regulations
					 (CFR), §300.506;
(6) filing a
					 complaint with the TEA in accordance with
					 34 CFR,
					 §300.153; or
(7) requesting a due process hearing through
					 the TEA in accordance with
					 34 CFR,
					 §§300.507 -
					 300.514.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 7 - DISPUTE RESOLUTION › Section 89.1151 - Special Education Due Process Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) A parent or public education agency may
					 initiate a due process hearing as provided in 34 Code of Federal Regulations
					 (CFR), §300.507 and §300.508.
(b) The Texas Education Agency will implement
					 a one-tier system of hearings. The proceedings in hearings will be governed by
					 the provisions of
					 34 CFR, §§
												300.507-300.515
					 and 300.532, if applicable,
					 and this division.
(c) Beginning
					 September 1, 2022, a parent or public education agency must request a hearing
					 within two years of the date the parent or public education agency knew or
					 should have known about the alleged action that serves as the basis for the
					 request, unless tolled pursuant to
					 50 USC, §
												3936, as set forth in subsection (e) of this
					 section. Prior to September 1, 2022, a parent or public education agency must
					 request a hearing within one year of the date the parent or public education
					 agency knew or should have known about the alleged action that serves as the
					 basis for the request, unless tolled pursuant to
					 50 USC, §
												3936, as set forth in subsection (e) of this
					 section.
(d) The timeline described
					 in subsection (c) of this section does not apply to a parent if the parent was
					 prevented from filing a request for a due process hearing due to:
(1) specific misrepresentations by the public
					 education agency that it had resolved the problem forming the basis of the
					 request for a hearing; or
(2) the
					 public education agency's withholding of information from the parent that was
					 required by
					 34 CFR,
					 §
													300.1, et seq. to be provided to the
					 parent.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 7 - DISPUTE RESOLUTION › Section 89.1165 - Request for Special Education Due Process Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A request for a due process hearing (due
					 process complaint) must be in writing and must be filed with the Texas
					 Education Agency (TEA) by electronic mail, mail, hand-delivery, or
					 facsimile.
(b) The party filing a
					 request for a hearing must forward a copy of the request to the non-filing
					 party at the same time that the request is filed with the TEA. The timelines
					 applicable to hearings will commence the calendar day after the non-filing
					 party receives the request. Unless rebutted, it will be presumed that the
					 non-filing party received the request on the date it is sent to the parties by
					 the TEA.
(c) The request for a
					 hearing must include:
(1) the name of the
					 child;
(2) the address of the
					 residence of the child;
(3) the
					 name of the school the child is attending;
(4) in the case of a homeless child or youth
					 (within the meaning of §725(2) of the McKinney-Vento Homeless Assistance
					 Act (42 United States Code §
													11434a(2)), available
					 contact information for the child, and the name of the school the child is
					 attending;
(5) a description of the
					 nature of the problem of the child relating to the proposed or refused
					 initiation or change, including facts relating to the problem; and
(6) a proposed resolution of the problem to
					 the extent known and available to the party at the time.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 7 - DISPUTE RESOLUTION › Section 89.1170 - Impartial Hearing Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 Texas Education Agency (TEA) will maintain a pool of impartial hearing officers
					 to conduct due process hearings. The TEA will assign cases to hearing officers
					 who are private practice attorneys based on an alphabetical rotation. The TEA
					 will assign cases to hearing officers who are employed by the State Office of
					 Administrative Hearings (SOAH) in accordance with the procedures specified in
					 the interagency contract between the TEA and SOAH. If, however, a request for a
					 hearing relates to the same student who was involved in another hearing that
					 was filed within the last 12 months, the TEA may assign the recently filed
					 hearing request to the same hearing officer who presided over the previous
					 hearing. In addition, the same hearing officer may be assigned to hearings
					 involving siblings that are filed within 12 months of each other.
(b) If a hearing officer is also a mediator
					 under §
											89.1193
					 of this title (relating to Special Education Mediation), that individual will
					 not be assigned as hearing officer if he or she is the mediator in a pending
					 mediation involving the same student who is the subject of the hearing or was
					 the mediator in a previous mediation involving the student who is the subject
					 of the hearing.
(c) A hearing
					 officer must possess the knowledge and abilities described in 34 Code of
					 Federal Regulations, §300.511(c), and must not be:
(1) an employee of the TEA or the public
					 agency that is involved in the education or care of the child who is the
					 subject of the hearing; or
(2) a
					 person having a personal or professional interest that conflicts with the
					 person's objectivity in the hearing.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 7 - DISPUTE RESOLUTION › Section 89.1175 - Representation in Special Education Due Process Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) A party to a due process hearing may
					 represent himself or herself or be represented by:
(1) an attorney who is licensed in the State
					 of Texas; or
(2) an individual who
					 is not an attorney licensed in the State of Texas but who has special knowledge
					 or training with respect to problems of children with disabilities and who
					 satisfies the qualifications of this section.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 7 - DISPUTE RESOLUTION › Section 89.1180 - Prehearing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Promptly upon
					 being assigned to a due process hearing, the hearing officer will forward to
					 the parties a scheduling order which sets the time, date, and location of the
					 hearing and contains the timelines for the following actions, as applicable:
(1) Response to Request for a Due Process
					 Hearing (34 Code of Federal Regulations (CFR), §300.508(f));
(2) Resolution Meeting (34 CFR, §
													300.510(a));
(3) Contesting Sufficiency of the Request for
					 a Hearing (34 CFR, §
													300.508(d));
(4) Resolution Period (34 CFR,
					 §
													300.510(b));
(5) Five-Business Day Disclosure
					 (34 CFR, §
													300.512(a)(3));
					 and
(6) the date by which the final
					 decision of the hearing officer must be issued (34 CFR, §
													300.515 and §
												300.532(c)(2)
					 ).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 7 - DISPUTE RESOLUTION › Section 89.1183 - Resolution Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Within 15
					 calendar days of receiving notice of the parent's request for a due process
					 hearing, the public education agency must convene a resolution meeting with the
					 parent and the relevant members of the admission, review, and dismissal
					 committee who have specific knowledge of the facts identified in the request.
					 The resolution meeting:
(1) must include a
					 representative of the public education agency who has decision-making authority
					 on behalf of the public education agency; and
(2) may not include an attorney of the public
					 education agency unless the parent is accompanied by an attorney.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 7 - DISPUTE RESOLUTION › Section 89.1186 - Extensions of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) A hearing
					 officer may grant extensions of time for good cause beyond the time period
					 specified in §
											89.1185(l)
					 of this title (relating to Hearing Procedures) at the request of either party.
					 A hearing officer must not solicit extension requests, grant extensions on his
					 or her own behalf, or unilaterally issue extensions for any reason. Any
					 extension must be granted to a specific date, and the reason for the extension
					 must be documented in a written order of the hearing officer and provided to
					 each of the parties.
(b) A hearing
					 officer may grant a request for an extension only after fully considering the
					 cumulative impact of the following factors:
(1) whether the delay will positively
					 contribute to, or adversely affect, the child's educational interest or
					 well-being;
(2) the need of a party
					 for additional time to prepare or present the party's position at the
					 hearing;
(3) any adverse financial
					 or other detrimental consequences likely to be suffered by a party in the event
					 of delay; and
(4) whether there has
					 already been a delay in the proceeding through the actions of one of the
					 parties.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 7 - DISPUTE RESOLUTION › Section 89.1191 - Special Rule for Expedited Due Process Hearings

Current through Reg. 49, No. 28; July 12, 2024
A parent who disagrees with any decision regarding a
						child's placement under 34 Code of Federal Regulations (CFR), §300.530 and
						§300.531, or a manifestation determination under
						34 CFR, §
												300.530(e), or a school
						district that believes that maintaining the current placement of a child is
						substantially likely to result in injury to the child or others, may appeal the
						decision by requesting an expedited due process hearing under
						34 CFR,
						§
												300.532. An expedited due process
						hearing will be governed by the same procedural rules as are applicable to due
						process hearings generally, except that:
(1) the hearing must occur within 20 school
					 days of the date the request for a due process hearing is filed;
(2) the hearing officer must make a decision
					 within 10 school days after the hearing;
(3) unless the parents and the school
					 district agree in writing to waive the resolution meeting required by
					 34 CFR,
					 §
												300.532(c)(3)(i), or
					 to use the mediation process described in
					 34
					 CFR, §
												300.506, the resolution meeting
					 must occur within seven calendar days of the receipt of the request for a
					 hearing;
(4) the hearing may
					 proceed unless the matter has been resolved to the satisfaction of both parties
					 within 15 calendar days of the receipt of the request for a hearing;
(5) the hearing officer must not grant any
					 extensions of time or grant permission for the hearing to proceed under the
					 timelines that apply to hearings involving non-disciplinary matters;
					 and
(6) the provisions in
					 34 CFR, §
												300.508(d), do not
					 apply.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 7 - DISPUTE RESOLUTION › Section 89.1192 - Attorneys' Fees

Current through Reg. 49, No. 28; July 12, 2024
In an action or proceeding brought under this division,
						a court, in its discretion, may award reasonable attorneys' fees to the
						prevailing party under the circumstances described in 34 Code of Federal
						Regulations, §300.517.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 7 - DISPUTE RESOLUTION › Section 89.1193 - Special Education Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) In
					 accordance with 34 Code of Federal Regulations (CFR), §300.506, the Texas
					 Education Agency (TEA) has established a mediation process to provide parents
					 and public education agencies with an opportunity to resolve disputes involving
					 any matter arising under Part B of the Individuals with Disabilities Education
					 Act (IDEA) or
					 34 CFR,
					 §
												300.1 et seq. Mediation is available
					 to resolve these disputes at any time.
(b) The mediation procedures must ensure that
					 the process is:
(1) voluntary on the part of
					 the parties;
(2) not used to deny
					 or delay a parent's right to a due process hearing or to deny any other rights
					 afforded under Part B of the IDEA; and
(3) conducted by a qualified and impartial
					 mediator who is trained in effective mediation techniques and who is
					 knowledgeable in laws and regulations relating to the provision of special
					 education and related services.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 7 - DISPUTE RESOLUTION › Section 89.1195 - Special Education Complaint Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
					 with 34 Code of Federal Regulations (CFR), §300.151, the Texas Education
					 Agency (TEA) has established a complaint resolution process that provides for
					 the investigation and issuance of findings regarding alleged violations of Part
					 B of the Individuals with Disabilities Education Act (IDEA) or a state special
					 education statute or administrative rule.
(b) A complaint may be filed with the TEA by
					 any individual or organization and must:
(1)
					 be in writing;
(2) include the
					 signature and contact information for the complainant;
(3) contain a statement that a public
					 education agency has violated Part B of the IDEA;
					 34 CFR, §
													300.1 et seq.; or a state special education
					 statute or administrative rule;
(4)
					 include the facts upon which the complaint is based;
(5) if alleging violations with respect to a
					 specific student, include:
(A) the name and
					 address of the residence of the student;
(B) the name of the school the student is
					 attending;
(C) in the case of a
					 homeless child or youth (within the meaning of §725(2) of the
					 McKinney-Vento Homeless Act (42 United States Code, §
														11434a(2)), available
					 contact information for the student and the name of the school the student is
					 attending;
(D) a description of the
					 nature of the problem of the student, including facts relating to the problem;
					 and
(E) a proposed resolution of
					 the problem to the extent known and available to the party at the time the
					 complaint is filed;
(6)
					 allege a violation that occurred not more than one calendar year prior to the
					 date the complaint is received; and
(7) be forwarded to the public education
					 agency that is the subject of the complaint at the same time that the complaint
					 is filed with the TEA.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 7 - DISPUTE RESOLUTION › Section 89.1196 - Individualized Education Program Facilitation

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purpose of this section and Texas
					 Education Code, §
											29.019,
					 individualized education program (IEP) facilitation refers to a method of
					 alternative dispute resolution that involves the use of a trained facilitator
					 to assist an admission, review, and dismissal (ARD) committee in developing an
					 IEP for a student with a disability. The facilitator uses facilitation
					 techniques to help the committee members communicate and collaborate
					 effectively. While public education agencies are not required to offer IEP
					 facilitation as an alternative dispute resolution method, the Texas Education
					 Agency (TEA) encourages the use of IEP facilitation as described in this
					 section.
(b) A public education
					 agency is not prohibited from incorporating elements of IEP facilitation into
					 ARD committee meetings that are conducted without the assistance of a
					 facilitator as described in this section. For example, a public education
					 agency may provide training on communication skills, conflict management, or
					 meeting effectiveness to individuals who participate in ARD committee meetings
					 to enhance collaboration and efficiency in those meetings.
(c) A public education agency that chooses to
					 offer IEP facilitation under this section may determine whether to use
					 independent contractors, employees, or other qualified individuals as
					 facilitators. At a minimum, an individual who serves as a facilitator must:
(1) have demonstrated knowledge of federal
					 and state requirements relating to the provision of special education and
					 related services to students with disabilities;
(2) have demonstrated knowledge of and
					 experience with the ARD committee meeting process;
(3) have completed 18 hours of training in
					 IEP facilitation, consensus building, and/or conflict resolution; and
(4) complete continuing education as
					 determined by the public education agency.