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r’s/SBOE Rules State Laws programs shall be consistent with federal and state law, and money appropriated to school districts for educational programs and services for students who are deaf or hard of hearing may not be allocated or used for any other program or service. Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995 § 29.311. Educational Programs. (a) Educational programs for students who are deaf or hard of hearing must be coordinated with other public and private agencies, including: (1) agencies operating early childhood intervention programs; (2) preschools; (3) agencies operating child development programs; (4) nonpublic, nonsectarian schools; (5) agencies operating regional occupational centers and programs; and (6) the Texas School for the Deaf. (b) As appropriate, the programs must also be coordinated with postsecondary and adult programs for persons who are deaf or hard of hearing. Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995 § 30.002. Education for Children with Visual Impairments. [Excerpt] (a) The agency shall develop and administer a comprehensive statewide plan for the education of children with visual impairments who are under 21 years of age that will ensure that the children have an opportunity for achievement equal to the opportunities afforded their peers with normal vision. ... (c) The comprehensive statewide plan for the education of children with visual impairments must: ... (4) include methods to ensure that children with visual impairments receiving special education services in school districts receive, before being placed in a classroom setting or within a reasonable time after placement: (A) evaluation of the impairment; and (B) instruction in an expanded core curriculum, which is required for students with visual impairments to succeed in classroom settings and to derive lasting, practical benefits from the education provided by school districts, including instruction in: (i) compensatory skills, such as braille and concept development, and other skills needed to access the rest of the curriculum; TEA Special Education A-Z Index December 2017 | B-3

Federal Regulations Commissioner SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws (ii) orientation and mobility; (iii) social interaction skills; (iv) career planning; (v) assistive technology, including optical devices; (vi) independent living skills; (vii) recreation and leisure enjoyment; (viii) self-determination; and (ix) sensory efficiency; ... (d) In developing, administering, and coordinating the statewide plan, the agency shall encourage the use of all pertinent resources, whether those resources exist in special education programs or in closely related programs operated by other public or private agencies, through encouraging the development of shared services arrangement working relationships and by assisting in the development of contractual arrangements between school districts and other organizations. The agency shall discourage interagency competition, overlap, and duplication in the development of specialized resources and the delivery of services. ... (g) To facilitate implementation of this section, the commissioner shall develop a system to distribute from the foundation school fund to school districts or regional education service centers a special supplemental allowance for each student with a visual impairment and for each student with a serious visual disability and another medically diagnosed disability of a significantly limiting nature who is receiving special education services through any approved program. The supplemental allowance may be spent only for special services uniquely required by the nature of the student's disabilities and may not be used in lieu of educational funds otherwise available under this code or through state or local appropriations. Last Amended: 83rd Leg., R.S., Ch. 505 (S.B. 39), Sec. 1, eff. June 14, 2013 83rd Leg., R.S., Ch. 637 (H.B. 590), Sec. 1, eff. September 1, 2013 § 30.021. Purpose of Texas School for the Blind and Visually Impaired. [Excerpt] ... (c) The school shall conduct supplemental programs, such as summer programs and student exchange programs, and shall consider information from sources throughout the state regarding the nature of those programs and students to be served. (d) The school shall provide statewide services to parents of students with visual impairments, school districts, regional education service centers, and other agencies serving TEA Special Education A-Z Index December 2017 | B-4

Federal Regulations Commissioner SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws students with visual impairments, including students who have one or more disabilities in addition to the visual impairment, such as students who are deaf-blind. Those services must include: (1) developing and providing local, regional, and statewide training for parents of students with visual impairments and professionals who work with persons with visual impairments; (2) providing consultation and technical assistance to parents and professionals related to special education and related services for students; (3) developing and disseminating reference materials including materials in the areas of curriculum, instructional methodology, and educational technology; (4) providing information related to library resources, adapted materials, current research, technology resources, and teaching, assessment, and transition of students with visual impairments; (5) operating programs for lending educational and technological materials to school districts and regional education service centers; and (6) facilitating the preparation of teachers for visually impaired students by providing assistance to colleges and universities as well as other teacher preparation programs. (e) The school shall cooperate with public and private agencies and organizations serving students and other persons with visual impairments in the planning, development, and implementation of effective educational and rehabilitative service delivery systems associated with educating students with visual impairments. To maximize and make efficient use of state facilities, funding, and resources, the services provided in this area may include conducting a cooperative program with other agencies to serve students who have graduated from high school by completing all academic requirements applicable to students in regular education, excluding satisfactory performance under Section 39.025, who are younger than 22 years of age on September 1 of the school year and who have identified needs related to vocational training, independent living skills, orientation and mobility, social and leisure skills, compensatory skills, or remedial academic skills. (f) The school may operate an on-campus canteen to offer food service at mealtimes and during other times of the day. (g) If a school district or another educational entity requests an assessment of a student's educational or related needs related to visual impairment, the school may conduct an assessment and charge a reasonable fee for the assessment. Last Amended: 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 6, eff. September 1, 2007 TEA Special Education A-Z Index December 2017 | B-5

Federal Regulations Commissioner SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws § 30.051. Purpose of Texas School for the Deaf. [Excerpt] ... (b) The school shall serve as a primary statewide resource center promoting excellence in education for students who are deaf or hard of hearing through research, training, and demonstration projects. (c) The school shall work in partnership with state, regional, and local agencies to provide new or improved programs or methods to serve the previously unmet or future needs of persons throughout the state who are deaf or hard of hearing. (d) The school shall cooperate with public and private agencies and organizations serving students and other persons who are deaf or hearing impaired in the planning, development, and implementation of effective educational and rehabilitative service delivery systems associated with educating students who are deaf or hard of hearing. To maximize and make efficient use of state facilities, funding, and resources, the services provided in this area may include conducting a cooperative program with other agencies to serve persons who have graduated from high school and who have identified needs related to vocational training, independent living skills, and social and leisure skills. (e) If a school district or another educational entity requests an assessment of a student's educational or related needs related to hearing impairment, the school may conduct an assessment and charge a reasonable fee for the assessment. Last Amended: 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 7.01, eff. May 31, 2006 § 30.083. Statewide Plan. (a) The director of services shall develop and administer a comprehensive statewide plan for educational services for students who are deaf or hard of hearing, including continuing diagnosis and evaluation, counseling, and teaching. The plan shall be designed to accomplish the following objectives: (1) providing assistance and counseling to parents of students who are deaf or hard of hearing in regional day school programs for the deaf and admitting to the programs students who have a hearing loss that interferes with the processing of linguistic information; (2) enabling students who are deaf or hard of hearing to reside with their parents or guardians and be provided an appropriate education in their home school districts or in regional day school programs for the deaf; (3) enabling students who are deaf or hard of hearing who are unable to attend schools at their place of residence and whose parents or guardians live too far from facilities of regional day school programs for the deaf for daily commuting to be accommodated in foster homes or other residential school facilities provided for by the agency so that those children may attend a regional day TEA Special Education A-Z Index December 2017 | B-6

Federal Regulations Commissioner FAPE Requirements § 300.101 Free appropriate public education (FAPE). § 89.1001. Scope and Applicabi (a) General. A free appropriate public education must be ... available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities (c) A school district having a res who have been suspended or expelled from school, as appropriate state agencies a provided for in §300.530(d). boundaries must provide spe services to eligible students (b) FAPE for children beginning at age 3. contacting the facility to offer disabilities, the district determ (1) Each State must ensure that— are provided through a chart school, or a facility operated (i) The obligation to make FAPE available to each required to provide services. eligible child residing in the State begins no later annually contact the facility t than the child’s third birthday; and students with disabilities. (ii) An IEP or an IFSP is in effect for the child by that Last Amended: March 6, 2001, 26 date, in accordance with §300.323(b). § 89.1035. Age Ranges for Stud (2) If a child’s third birthday occurs during the summer, the child’s IEP Team shall determine the date when (a) Pursuant to state and federa services under the IEP or IFSP will begin. accordance with this subcha eligible students ages 3-21. (c) Children advancing from grade to grade. to eligible students on their t regular high school diploma (1) Each State must ensure that FAPE is available to any (b)(2)(D), (g)(1), (g)(2), (g)(3 individual child with a disability who needs special to Graduation Requirements education and related services, even though the child to receive services in accord has not failed or been retained in a course or grade, eligible student receiving spe and is advancing from grade to grade. 21 years of age on Septemb eligible for services through (2) The determination that a child described in paragraph (a) of this section is eligible under this part, must be made on an individual basis by the group responsible within the child’s LEA for making eligibility SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws school program for the deaf; (4) enrolling in the Texas School for the Deaf those students who are deaf or hard of hearing whose needs can best be met in that school and designating the Texas School for the Deaf as the statewide educational resource for students who are deaf or hard of hearing; (5) encouraging students in regional day school programs for the deaf to attend general education classes on a part-time, full-time, or trial basis; and (6) recognizing the need for development of language and communications abilities in students who are deaf or hard of hearing, but also calling for the use of methods of communication that will meet the needs of each individual student, with each student assessed thoroughly so as to ascertain the student's potential for communications through a variety of means, including through oral or aural means, fingerspelling, or sign language. (b) The director of services may establish separate programs to accommodate diverse communication methodologies. Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995 ility. [Excerpt] § 29.003. Eligibility Criteria. [Excerpt] sidential facility that is licensed by ... and located within the district's ecial education and related (b) A student is eligible to participate in a school district's special residing in the facility. If, after education program if the student: r services to eligible students with mines that educational services (1) is not more than 21 years of age and has a visual or ter school, approved non-public auditory impairment that prevents the student from d private school, the district is not being adequately or safely educated in public school . However, the district shall without the provision of special services; or to offer services to eligible (2) is at least three but not more than 21 years of age and 6 TexReg 1837 has one or more of the following disabilities that prevents the student from being adequately or safely dent Eligibility. educated in public school without the provision of special services: al law, services provided in apter must be available to all (A) physical disability; Services will be made available third birthday. Graduation with a (B) mental retardation; pursuant to §89.1070 (b)(1), (C) emotional disturbance; 3), or (g)(4)(D) of this title (relating s) terminates a student's eligibility (D) learning disability; dance with this subchapter. An ecial education services who is (E) autism; ber 1 of a school year will be (F) speech disability; or the end of that school year or (G) traumatic brain injury. Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995 TEA Special Education A-Z Index December 2017 | B-7

Federal Regulations Commissioner determinations. until graduation with a regula (Authority: 20 U.S.C. 1412(a)(1)(A)) to §89.1070 (b)(1), (b)(2)(D), Last Amended: 71 FR 46762, Aug. 14, 2006 of this title, whichever comes (b) In accordance with the Texa §§29.003, 30.002(a), and 30 education must be available or auditory impairments. Last Amended: December 2, 2015 § 89.1085. Referral for the Texas Visually Impaired and the Texas [Excerpt] ... (b) In the event that a student is committee at either the TSBV \"resident school district,\" as section, shall be responsible appropriate public education student at the TSBVI or the T accordance with the Individu Act (IDEA), 20 United States CFR, Part 300, state statutes Education (SBOE) and the c representatives of the reside representatives of the TSBV members of a student's ARD recommendation by one or m ARD committee that the stud initially placed, or continued TSD, as applicable, the repre district and the TSBVI or TSD resolution through the media Texas Education Agency or to which the resident school are entitled under the IDEA, ... (d) In addition to the provisions section, and as provided in T provide services in accordan eligible student with a disabi appropriate placement if the admission by the student's p with legal authority to act in p guardian, or the student, if th any time during the school y chooses the TSD as the app student rather than placeme district or regional program d committee. For students plac subsection, the TSD shall be FAPE is provided to the stud with IDEA, 20 USC, §§1400, statutes, and rules of the SB education. SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws ar high school diploma pursuant § 29.012. Residential Facilities. [Excerpt] , (g)(1), (g)(2), (g)(3), or (g)(4)(D) s first. ... as Education Code (TEC), 0.081, a free, appropriate, public (c) For purposes of enrollment in a school, a person who resides from birth to students with visual in a residential facility is considered a resident of the school district or geographical area served by the open-enrollment 5, 40 TexReg 8642 charter school in which the facility is located. s School for the Blind and ... s School for the Deaf Services. Last Amended: 85th Leg., R.S., Ch. 1026 (H.B. 1569), Sec. 1, eff. June 15, 2017 85th Leg., R.S., Ch. 764 (S.B. 2080), Sec. 1, June 12, 2017 s placed by his or her ARD § 30.002. Education for Children with Visual Impairments. VI or the TSD, the student's [Excerpt] defined in subsection (e) of this e for assuring that a free ... n (FAPE) is provided to the TSD, as applicable, in (c) The comprehensive statewide plan for the education of uals with Disabilities Education children with visual impairments must: s Code (USC), §§1400 et seq., 34 s, and rules of the State Board of ... commissioner of education. If ent school district and (4) include methods to ensure that children with visual VI or the TSD disagree, as impairments receiving special education services in D committee, with respect to a school districts receive, before being placed in a more members of the student's classroom setting or within a reasonable time after dent be evaluated for placement, placement: to be placed at the TSBVI or esentatives of the resident school (A) evaluation of the impairment; and D, as applicable, may seek ation procedures adopted by the (B) instruction in an expanded core curriculum, which through any due process hearing is required for students with visual impairments to district or the TSBVI or the TSD succeed in classroom settings and to derive 20 USC, §§1400, et seq. lasting, practical benefits from the education provided by school districts, including instruction of subsections (a)-(c) of this in: TEC, §30.057, the TSD shall nce with TEC, §30.051, to any (i) compensatory skills, such as braille and ility for whom the TSD is an concept development, and other skills student has been referred for needed to access the rest of the curriculum; parent or legal guardian, a person place of the parent or legal (ii) orientation and mobility; he student is age 18 or older, at year if the referring person (iii) social interaction skills; propriate placement for the ent in the student's resident school (iv) career planning; determined by the student's ARD ced at the TSD pursuant to this (v) assistive technology, including optical e responsible for assuring that a devices; dent at the TSD, in accordance , et seq., 34 CFR, Part 300, state (vi) independent living skills; BOE and the commissioner of (vii) recreation and leisure enjoyment; (viii) self-determination; and (ix) sensory efficiency; ... (e) Each eligible blind or visually impaired student is entitled to receive educational programs according to an individualized education program that: (1) is developed in accordance with federal and state requirements for providing special education services; (2) is developed by a committee composed as required by TEA Special Education A-Z Index December 2017 | B-8

Federal Regulations Commissioner (e) For purposes of this section (relating to Transportation of Setting, Including the Texas Impaired and the Texas Sch school district\" is the school would be enrolled under TEC not placed at the TSBVI or th Last Amended: November 11, 200 § 89.1096. Provision of Services Parents in Private Schools or Fa ... (c) Parents of an eligible studen to \"dual enroll\" their student private school beginning on continuing until the end of th student turns five or until the district's public school kinder comes first, subject to parag The public school district wh responsible for providing spe services to a student whose (1) The student's ARD com individualized educatio provide the student with environment appropriat (2) From the IEP, the pare which special education provided to the student services will be provide concerning placement environment set forth in and the policies and pr (3) For students served un subsection, the school the employment and su providing the service, p materials, and maintain Materials and services those provided for stud school and shall remain district. ... Last Amended: November 11, 200 SUBPART B § 89.1115. Memorandum of Und Interagency Coordination of Sp Students with Disabilities in Re ... (d) Terms of MOU. The parties a (1) The responsibilities of L provision of a FAPE to TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws and §89.1090 of this title federal law; f Students Placed in a Residential School for the Blind and Visually (3) reflects that the student has been provided a detailed hool for the Deaf), the \"resident explanation of the various service resources available to district in which the student the student in the community and throughout the state; C, §25.001, if the student were he TSD. (4) provides a detailed description of the arrangements made to provide the student with the evaluation and 07, 32 TexReg 8129. instruction required under Subsection (c)(4); and s for Students Placed by their (5) sets forth the plans and arrangements made for acilities. [Excerpt] contacts with and continuing services to the student beyond regular school hours to ensure the student nt ages 3 or 4 shall have the right learns the skills and receives the instruction required in both the public school and the under Subsection (c)(4)(B). the student's third birthday and he school year in which the ... e student is eligible to attend a rgarten program, whichever Last Amended: graphs (1)-(3) of this subsection. 83rd Leg., R.S., Ch. 505 (S.B. 39), Sec. 1, eff. June 14, 2013 here a student resides is 83rd Leg., R.S., Ch. 637 (H.B. 590), Sec. 1, eff. September 1, ecial education and related 2013 parents choose enrollment. § 30.021. Purpose of Texas School for the Blind and Visually mmittee shall develop an Impaired. [Excerpt] on program (IEP) designed to h a FAPE in the least restrictive ... te for the student. (b) The school district in which a student resides is responsible ent and the district shall determine for assuring that a free appropriate public education is n and/or related services will be provided to each district student placed in the regular school t and the location where those year program of the school and that all legally required ed, based on the requirements meetings for the purpose of developing and reviewing the in the least restrictive student's individualized educational program are conducted. n 34 CFR, §§300.114-300.120, If the school disagrees with a district's individualized rocedures of the district. education program committee recommendation that a student be evaluated for placement, initially placed, or nder the provisions of this continued to be placed at the school, the district or the school district shall be responsible for may seek resolution according to a procedure established by upervision of the personnel the commissioner or through any due process hearing to providing the needed instructional which the district or school is entitled under the Individuals ning pupil accounting records. with Disabilities Education Act (20 U.S.C. Section 1400 et provided shall be consistent with seq.). dents enrolled only in the public ... n the property of the school Last Amended: 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 6, eff. 07, 32 TexReg 8129 September 1, 2007 derstanding Concerning § 30.081. Legislative Intent Concerning Regional Day Schools pecial Education Services to For The Deaf. esidential Facilities. [Excerpt] The legislature, by this subchapter, intends to continue a process of providing on a statewide basis a suitable education to deaf or hard of hearing students who are under 21 years of age and assuring that those students have the opportunity to become independent citizens. Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995 agree to the following terms: LEAs and RFs related to the students with disabilities who TEA Special Education A-Z Index December 2017 | B-9

Federal Regulations Commissioner reside in RFs are estab (A) LEAs must provid FAPE to students in accordance wit regulations, and s (i) Except as p subsection, the provision disability res geographica (ii) If an LEA pla an RF for ed LEA must pr a FAPE to th ... Last Amended: August 6, 2002, 2 § 300.102 Limitation—exception to FAPE for certain ages. § 89.1035. Age Ranges for Stud (a) General. The obligation to make FAPE available to all (a) Pursuant to state and federa children with disabilities does not apply with respect to the accordance with this subcha following: eligible students ages 3-21. to eligible students on their t (1) Children aged 3, 4, 5, 18, 19, 20, or 21 in a State to regular high school diploma the extent that its application to those children would (b)(2)(D), (g)(1), (g)(2), (g)(3 be inconsistent with State law or practice, or the order to Graduation Requirements of any court, respecting the provision of public to receive services in accord education to children of those ages. eligible student receiving spe 21 years of age on Septemb (2) eligible for services through until graduation with a regula (i) Children aged 18 through 21 to the extent that to §89.1070 (b)(1), (b)(2)(D), State law does not require that special education of this title, whichever comes and related services under Part B of the Act be provided to students with disabilities who, in the ... last educational placement prior to their incarceration in an adult correctional facility— Last Amended: December 2, 2015 (A) Were not actually identified as being a child § 89.1070. Graduation Requirem with a disability under §300.8; and (a) Graduation with a regular hig (B) Did not have an IEP under Part B of the Act. subsections (b)(1), (b)(2)(D), of this section terminates a s (ii) The exception in paragraph (a)(2)(i) of this education services under thi section does not apply to children with Individuals with Disabilities E disabilities, aged 18 through 21, who— the benefits of the Foundatio in Texas Education Code (TE (A) Had been identified as a child with a disability under §300.8 and had received ... services in accordance with an IEP, but who left school prior to their incarceration; or Last Amended: September 16, 20 (B) Did not have an IEP in their last educational setting, but who had actually been identified as a child with a disability under §300.8. (3) (i) Children with disabilities who have graduated from high school with a regular high school SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws blished as follows. de or ensure the provision of a s with disabilities residing in RFs th IDEA, applicable federal state laws and rules. provided in paragraph (2) of this an LEA must provide or ensure n of a FAPE for a student with a siding in an RF located in the al area served by that LEA. aces a student with a disability in ducational purposes, the placing rovide or ensure the provision of he student. 27 TexReg 6851 dent Eligibility. [Excerpt] al law, services provided in apter must be available to all Services will be made available third birthday. Graduation with a pursuant to §89.1070 (b)(1), 3), or (g)(4)(D) of this title (relating s) terminates a student's eligibility dance with this subchapter. An ecial education services who is ber 1 of a school year will be the end of that school year or ar high school diploma pursuant , (g)(1), (g)(2), (g)(3), or (g)(4)(D) s first. 5, 40 TexReg 8642 ments. [Excerpt] gh school diploma under , (g)(1), (g)(2), (g)(3), or (g)(4)(D) student's eligibility for special is subchapter and Part B of the Education Act and entitlement to on School Program, as provided EC), §42.003(a). 015, 40 TexReg 6107 TEA Special Education A-Z Index December 2017 | B-10

Federal Regulations Commissioner diploma. (ii) The exception in paragraph (a)(3)(i) of this section does not apply to children who have graduated from high school but have not been awarded a regular high school diploma. (iii) Graduation from high school with a regular high school diploma constitutes a change in placement, requiring written prior notice in accordance with §300.503. (iv) As used in paragraphs (a)(3)(i) through (iii) of this section, the term regular high school diploma means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, except that a regular high school diploma shall not be aligned to the alternate academic achievement standards described in section 1111(b)(1)(E) of the ESEA. A regular high school diploma does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential. (4) Children with disabilities who are eligible under subpart H of this part, but who receive early intervention services under Part C of the Act. (b) Documents relating to exceptions. The State must assure that the information it has provided to the Secretary regarding the exceptions in paragraph (a) of this section, as required by §300.700 (for purposes of making grants to States under this part), is current and accurate. (Authority: 20 U.S.C. 1412(a)(1)(B)-(C) and 7801(43)) Last Amended: 82 FR 29759, June 30, 2017 Other FAPE Requirements § 300.103 FAPE—methods and payments. § 89.61. Contracting for Residen for Students with Disabilities. [E (a) Each State may use whatever State, local, Federal, and private sources of support that are available in the State to (a) Residential placement. A sch meet the requirements of this part. For example, if it is residential placement of a st necessary to place a child with a disability in a residential admission, review, and dism facility, a State could use joint agreements between the determines that a residential agencies involved for sharing the cost of that placement. for the student to receive a fr (FAPE). (b) Nothing in this part relieves an insurer or similar third party from an otherwise valid obligation to provide or to pay for (1) A school district may co services provided to a child with a disability. placement of a student residential facilities whi (c) Consistent with §300.323(c), the State must ensure that there licensure by the Texas is no delay in implementing a child’s IEP, including any case Disability Services, Tex in which the payment source for providing or paying for Protective Services, or special education and related services to the child is being Services for the particu SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws ntial Educational Placements § 29.008. Contracts for Services; Residential Placement. Excerpt] [Excerpt] hool district may contract for (a) A school district, shared services arrangement unit, or tudent when the student's regional education service center may contract with a public missal (ARD) committee or private facility, institution, or agency inside or outside of l placement is necessary in order this state for the provision of services to students with ree appropriate public education disabilities. Each contract for residential placement must be approved by the commissioner. The commissioner may ontract for a residential approve a residential placement contract only after at least a t only with either public or private programmatic evaluation of personnel qualifications, ich maintain current and valid adequacy of physical plant and equipment, and curriculum Department of Aging and content. The commissioner may approve either the whole or xas Department of Family and a part of a facility or program. Department of State Health ular disabling condition and age of (b) Except as provided by Subsection (c), costs of an approved contract for residential placement may be paid from a TEA Special Education A-Z Index December 2017 | B-11

Federal Regulations Commissioner determined. the student. A school d (Authority: 20 U.S.C. 1401(8), 1412(a)(1)) state residential placem Last Amended: 72 FR 61306, Oct. 30, 2007 provisions of subsectio (2) Subject to subsections district may contract wi some or all of the spec the contracted student' program (IEP). If the fa services listed in the st education program mus commissioner of educa subsection (c) of this se (3) A school district which placement of a student this section shall notify (TEA) of its intent to co placement through the described in subsection (4) The school district has when making a residen ... (H) When a student w school district cha Texas school dist the contracted pla negotiated the co residential contrac year. (b) Application approval process and federal funding for resid negotiated on an individual s residential application submi TEA. (1) A residential application educational purposes o shall not be approved i the: (A) placement is due problems; (B) placement is due student's home; (C) district does not h and criteria, for th school program; (D) district did not atte restrictive placem placement (excep documented by th (E) placement is not c with other alterna (F) residential facility unfundable/unapp SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws district may contract for an out-of- combination of federal, state, and local funds. The local share ment in accordance with the of the total contract cost for each student is that portion of the on (c)(3) of this section. local tax effort that exceeds the district's local fund assignment under Section 42.252, divided by the average (b) and (c) of this section, the daily attendance in the district. If the contract involves a ith a residential facility to provide private facility, the state share of the total contract cost is that cial education services listed in amount remaining after subtracting the local share. If the 's individualized education contract involves a public facility, the state share is that acility provides any educational amount remaining after subtracting the local share from the tudent's IEP, the facility's portion of the contract that involves the costs of instructional st be approved by the and related services. For purposes of this subsection, \"local ation in accordance with tax effort\" means the total amount of money generated by ection. taxes imposed for debt service and maintenance and operation less any amounts paid into a tax increment fund intends to contract for residential under Chapter 311, Tax Code. t with a residential facility under the Texas Education Agency (c) When a student, including one for whom the state is ontract for the residential managing conservator, is placed primarily for care or residential application process treatment reasons in a private residential facility that operates n (b) of this section. its own private education program, none of the costs may be paid from public education funds. If a residential placement the following responsibilities primarily for care or treatment reasons involves a private ntial placement. residential facility in which the education program is provided by the school district, the portion of the costs that includes who is residentially placed by a appropriate education services, as determined by the school anges his residence to another district's admission, review, and dismissal committee, shall trict, and the student continues in be paid from state and federal education funds. acement, the school district which ... ontract shall be responsible for the act for the remainder of the school Last Amended: 75th Leg., ch. 1071, Sec. 3, eff. Sept. 1, 1997 s. Requests for approval of state § 30.003. Support of Students Enrolled in Texas School for the dentially placed students shall be Blind and Visually Impaired or Texas School for the Deaf. student basis through a itted by the school district to the (a) For each student enrolled in the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf, the n may be submitted for school district that is responsible for providing appropriate only. The residential application special education services to the student shall share the cost if the application indicates that of the student's education as provided by this section. primarily to the student's medical (b) If the student is admitted to the school for a full-time program for the equivalent of two long semesters, the district's share primarily to problems in the of the cost is an amount equal to the dollar amount of maintenance and debt service taxes imposed by the district have a plan, including timelines for that year divided by the district's average daily attendance he student's return to the local for the preceding year. empt to implement lesser (c) If the student is admitted for a program less than two ments prior to residential complete semesters in duration, other than a summer pt in emergency situations as program, the district's share of the cost is an amount equal to he student's ARD committee); the amount that would be the district's share under Subsection (b) for a full-time program multiplied by the cost effective when compared quotient resulting from the number of full-time equivalent ative placements; and/or days in the program divided by the minimum number of days y provides of instruction for students as provided by Section 25.081. provable services. (d) Each school district and state institution shall provide to the commissioner the necessary information to determine the district's share under this section. The information must be reported to the commissioner on or before a date set by rule TEA Special Education A-Z Index December 2017 | B-12

Federal Regulations Commissioner SUBPART B (2) The residential placem be funded as follows: (A) the education cos funded with state nonpublic day sch Texas Education (B) related services a residential contrac a combination of f any other availab its local tax share and 25% of its Ind Education Act, Pa entitlement (or an and/or local funds residential costs. costs of the reside through the reside receive additional pay the balance o placement(s) cost (C) funds generated b costs described in section shall not e recommended by and Protective Se care in which the (c) Approval of the education pr educational services. Reside educational services must ha approved for contracting pur education. (1) If the education program not approved by the co considered for a reside district, the school distr writing of its intent to pl TEA shall begin approv on-site visit to the facili the TEA has been notif Approval of the educati facility may be for one, (2) The commissioner of e and issue new approva have contract students pending request for res district. This approval d facilities which only pro residential facilities in w district where the facilit educational program. (3) School districts which c residential placement s rules for in-state reside except that the facility m TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws ment, if approved by the TEA, shall of the State Board of Education. After determining the amount of a district's share for all students for which the st of residential contracts shall be district is responsible, the commissioner shall deduct that funds on the same basis as amount from the payments of foundation school funds hool contract costs according to payable to the district. Each deduction shall be in the same Code, §42.151; percentage of the total amount of the district's share as the percentage of the total foundation school fund entitlement and residential costs for being paid to the district at the time of the deduction, except act students shall be funded from that the amount of any deduction may be modified to make necessary adjustments or to correct errors. The fund sources. After expending commissioner shall provide for remitting the amount ble funds, the district must expend deducted to the appropriate school at the same time at which e per average daily attendance the remaining funds are distributed to the district. If a district dividuals with Disabilities does not receive foundation school funds or if a district's art B, (IDEA-B) formula tentative foundation school entitlement is less than the amount of the n equivalent amount of state district's share under this section, the commissioner shall s) for related services and direct the district to remit payment to the commissioner, and the commissioner shall remit the district's share to the If this is not sufficient to cover all appropriate school. ential placement, the district ential application process may (e) For each student enrolled in the Texas School for the Blind l IDEA-B discretionary funds to and Visually Impaired or the Texas School for the Deaf, the of the residential contract appropriate school is entitled to the state available school ts; and fund apportionment. by the formula for residential (f) The commissioner, with the assistance of the comptroller, n subsection (b)(2)(B) of this shall determine the amount that the Texas School for the exceed the daily rate Blind and Visually Impaired and the Texas School for the y the Texas Department of Family Deaf would have received from the available school fund if ervices for the specific level of Chapter 28, Acts of the 68th Legislature, 2nd Called Session, student is placed. 1984, had not transferred statutorily dedicated taxes from the available school fund to the foundation school fund. That rogram for facilities which provide amount, minus any amount the schools do receive from the ential facilities which provide available school fund, shall be set apart as a separate ave their educational programs account in the foundation school fund and appropriated to rposes by the commissioner of those schools for educational purposes. m of a residential facility which is (f-1) The commissioner shall determine the total amount that the ommissioner of education is being Texas School for the Blind and Visually Impaired and the ential placement by a local school Texas School for the Deaf would have received from school rict should notify the TEA in districts in accordance with this section if H.B. No. 1, Acts of lace a student at the facility. The the 79th Legislature, 3rd Called Session, 2006, had not val procedures and conduct an reduced the districts' share of the cost of providing education ity within 30 calendar days after services. That amount, minus any amount the schools do fied by the local school district. receive from school districts, shall be set aside as a separate ion program of a residential account in the foundation school fund and appropriated to those schools for educational purposes. two, or three years. (g) The State Board of Education may adopt rules as necessary education shall renew approvals to implement this section. als only for those facilities which s already placed or which have a (h) Expired. sidential placement from a school does not apply to residential Last Amended: 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 1.10, eff. ovide related services or May 31, 2006 which the local accredited school ty is located provides the contract for out-of-state shall do so in accordance with the ential placement in this section, must be approved by the TEA Special Education A-Z Index December 2017 | B-13

Federal Regulations Commissioner appropriate agency in t located, rather than by Texas. Last Amended: August 24, 2010, § 89.62. Support of Students En the Blind and Visually Impaired Deaf. [Excerpt] (a) For each student enrolled in and Visually Impaired or Tex school district responsible fo education and related servic cost of the student's educatio programs) as provided unde §30.003. (1) The information require Education Code, §30.0 form prescribed by the within 30 calendar days Texas School for the B Texas School for the D (2) School districts require Texas Education Agen Education Code, §30.0 of notification by the co ... Last Amended: September 1, 199 § 300.104 Residential placement. If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, must be at no cost to the parents of the child. (Authority: 20 U.S.C. 1412(a)(1), 1412(a)(10)(B)) Last Amended: 71 FR 46763, Aug. 14, 2006 § 300.105 Assistive technology. § 89.1056. Transfer of Assistive (a) Each public agency must ensure that assistive technology (a) Unless otherwise specifically devices or assistive technology services, or both, as those terms used in this section sh terms are defined in §§300.5 and 300.6, respectively, are to such terms in Texas Educ made available to a child with a disability if required as a part (Transfer of Assistive Techn of thechild’s— (b) A transfer of an assistive tec (1) Special education under §300.39; to TEC, §30.0015, shall be in agreement which incorporate (2) Related services under §300.34; or TEC, §30.0015(c), and which following. (3) Supplementary aids and services under §§300.42 and 300.114(a)(2)(ii). (1) The transferor and tran that the terms of the tra (b) On a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings is required if the child’s IEP Team determines that SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws the state in which the facility is the commissioner of education in 35 TexReg 7212 nrolled in the Texas School for d and Texas School for the the Texas School for the Blind xas School for the Deaf, the or providing appropriate special ces to the student shall share the on (excluding the summer er the Texas Education Code, ed in accordance with the Texas 003(d), must be submitted in a commissioner of education s after the student enrolls in the Blind and Visually Impaired or Deaf. ed to remit their shares to the ncy in accordance with the Texas 003(d), shall do so within 60 days ommissioner of education. 96, 21 TexReg 5690 e Technology Devices. § 30.0015. Transfer of Assistive Technology Devices. y defined in this section, the (a) In this section: hall have the meanings ascribed cation Code (TEC), §30.0015, (1) \"Assistive technology device\" means any device, nology Devices). including equipment or a product system, that is used to increase, maintain, or improve functional capabilities of chnology device (ATD) pursuant a student with a disability. n accordance with a transfer es the standards described in (2) \"Student with a disability\" means a student who is h includes, specifically, the eligible to participate in a school district's special education program under Section 29.003. nsferee must represent and agree ansfer are based on the fair (3) \"Transfer\" means the process by which a school district that has purchased an assistive technology device may sell, lease, or loan the device for the continuing use of a student with a disability changing the school of TEA Special Education A-Z Index December 2017 | B-14

Federal Regulations Commissioner the child needs access to those devices in order to receive market value of the AT FAPE. with generally accepted (Authority: 20 U.S.C. 1412(a)(1), 1412(a)(12)(B)(i)) Last Amended: 82 FR 29759, June 30, 2017 (2) The informed consent o disability for whom the obtained before the tra TEC, §30.0015. The pr district in obtaining suc consistent with the proc to obtain parental cons Regulations (CFR), §30 legal capacity to enter i consent may be obtain with 34 CFR, §300.505 student consent need n district can demonstrat measures to obtain tha parent or the adult stud meet the reasonable m district must use proced described in 34 CFR, § (3) If the transfer is a sale, be evidenced by a \"Un which includes the follo (A) the names of the (which may be an TEC, §30.0015(b (B) the date of the tra (C) a description of th (D) the terms of the tr warranties, to the (E) the signatures of both the transfero (c) The Texas Education Agenc school districts the standards an ATD pursuant to TEC, §3 (d) Nothing in this section or in T (1) alter any existing obliga provide ATDs to studen (2) require a school district person or entity; (3) limit a school district's r otherwise convey or dis by federal or state laws (4) authorize any transfer o with any restriction on t manufacturer or develo federal or state laws, ru Last Amended: November 11, 200 SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws TD, determined in accordance attendance in the district or leaving the district. d accounting principles. (b) The agency by rule shall develop and annually disseminate of the parent of the student with a standards for a school district's transfer of an assistive ATD is being transferred must be technology device to an entity listed in this subsection when a ansfer of an ATD pursuant to student with a disability using the device changes the school rocedures employed by a school of attendance in the district or ceases to attend school in the ch informed consent shall be district that purchased the device and the student's parents, cedures employed by the district or the student if the student has the legal capacity to enter sent under 34 Code of Federal into a contract, agrees to the transfer. The device may be 00.300. If the student has the transferred to: into a contract, the informed ned from the student. Consistent (1) the school or school district in which the student enrolls; 5(c), informed parental or adult not be obtained if the school (2) a state agency, including the Texas Rehabilitation te that it has taken reasonable Commission and the Texas Department of Mental at consent, and the student's Health and Mental Retardation, that provides services dent has failed to respond. To to the student following the student's graduation from measures requirement, the school high school; or dures consistent with those §300.322(d). (3) the student's parents, or the student if the student has the legal capacity to enter into a contract. , then the sale of the ATD shall niform Transfer Agreement\" (UTA) (c) The standards developed under this section must include: owing: (1) a uniform transfer agreement to convey title to an transferor and the transferee assistive technology device and applicable warranty ny individual or entity identified in information; b)); (2) a method for computing the fair market value of an ansfer; assistive technology device, including a reasonable allowance for use; and he ATD being transferred; (3) a process to obtain written consent by the student's ransfer (including the transfer of parents, or the student where appropriate, to the e extent applicable); and transfer. authorized representatives of (d) This section does not alter any existing obligation under or and the transferee. federal or state law to provide assistive technology devices to students with disabilities. cy shall annually disseminate to s for a school district's transfer of Last Amended: 76th Leg., ch. 682, Sec. 1, eff. June 18, 1999 30.0015. TEC, §30.0015, shall: ation under federal or state law to nts with disabilities; t to transfer an ATD to any right to sell, lease, loan, or spose of property as authorized s, rules, or regulations; or of an ATD that is inconsistent transferability imposed by the oper of the ATD or applicable ules, or regulations. 07, 32 TexReg 8129 TEA Special Education A-Z Index December 2017 | B-15

Federal Regulations Commissioner § 300.106 Extended school year services. § 89.1065. Extended School Yea (a) General. Extended school year (ESY) servi instructional programs beyond the (1) Each public agency must ensure that extended school students with disabilities. year services are available as necessary to provide FAPE, consistent with paragraph (a)(2) of this section. (1) The need for ESY services m individual student basis by th (2) Extended school year services must be provided only if dismissal (ARD) committee i a child’s IEP Team determines, on an individual basis, Federal Regulations (CFR), in accordance with §§300.320 through 300.324, that the this section. In determining t services are necessary for the provision of FAPE to the services, a school district ma child. (A) limit ESY services to pa (3) In implementing the requirements of this section, a or public agency may not— (B) unilaterally limit the typ (i) Limit extended school year services to particular services. categories of disability; or (2) The need for ESY services m (ii) Unilaterally limit the type, amount, or duration of and/or informal evaluations p those services. parents. The documentation more critical areas addresse (b) Definition. As used in this section, the term extended school education program (IEP) goa year services means special education and related services has exhibited, or reasonably that— severe or substantial regress (1) Are provided to a child with a disability— within a reasonable period o regression means that the st (i) Beyond the normal school year of the public unable to maintain one or mo agency; absence of ESY services. (ii) In accordance with the child’s IEP; and (3) The reasonable period of tim critical skills must be determ (iii) At no cost to the parents of the child; and identified in each student's IE skills would be particularly se (2) Meet the standards of the SEA. loss results, or reasonably m immediate physical harm to (Authority: 20 U.S.C. 1412(a)(1)) services may be justified with of time for recoupment of su Last Amended: 71 FR 46763, Aug. 14, 2006 of time for recoupment must (4) A skill is critical when the los reasonably expected to resu occurrences during the first e school year: (A) placement in a more re arrangement; (B) significant loss of acqu student to appropriately curriculum; (C) significant loss of self-s as evidenced by an inc service staff and/or am special education or re (D) loss of access to comm skills instruction or an i provided by noneducat regression in skills; or SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws ar Services. ices are defined as individualized e regular school year for eligible must be determined on an he admission, review, and in accordance with 34 Code of §300.106, and the provisions of the need for and in providing ESY ay not: articular categories of disability; pe, amount, or duration of ESY must be documented from formal provided by the district or the n must demonstrate that in one or ed in the current individualized als and objectives, the student y may be expected to exhibit, sion that cannot be recouped of time. Severe or substantial tudent has been, or will be, ore acquired critical skills in the me for recoupment of acquired mined on the basis of needs EP. If the loss of acquired critical evere or substantial, or if such may be expected to result, in the student or to others, ESY hout consideration of the period uch skills. In any case, the period t not exceed eight weeks. ss of that skill results, or is ult, in any of the following eight weeks of the next regular estrictive instructional uired skills necessary for the y progress in the general sufficiency in self-help skill areas crease in the number of direct mount of time required to provide elated services; munity-based independent living independent living environment tional sources as a result of TEA Special Education A-Z Index December 2017 | B-16

Federal Regulations Commissioner (E) loss of access to on-the employment as a resul (5) If the district does not propos the annual review of a stude that the ARD committee disc CFR, §300.321. (6) If a student for whom ESY se rejected loses critical skills b provide ESY services, and if after the reasonable period o committee must reconsider t loss of critical skills interferes student's IEP. (7) For students enrolling in a di information obtained from th information collected during determine the need for ESY (8) The provision of ESY service needs of the student and mu responsibility of other public care and treatment services even when those services ar services addressed in the stu denied ESY services becaus treatment services under the (9) Districts are not eligible for re provided to students for reas this section. Last Amended: January 1, 2015, 3 § 300.107 Nonacademic services. The State must ensure the following: (a) Each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child’s IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities. (b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available. (Authority: 20 U.S.C. 1412(a)(1)) Last Amended: 71 FR 46763, Aug. 14, 2006 SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws e-job training or productive lt of regression in skills. se ESY services for discussion at ent's IEP, the parent may request cuss ESY services pursuant to 34 ervices were considered and because of the decision not to f those skills are not regained of time for recoupment, the ARD the current IEP if the student's s with the implementation of the istrict during the school year, he prior school district as well as the current year may be used to services. es is limited to the educational ust not supplant or limit the agencies to continue to provide pursuant to policy or practice, re similar to, or the same as, the udent's IEP. No student will be se the student receives care and e auspices of other agencies. eimbursement for ESY services sons other than those set forth in 39 TexReg 10446 § 29.312. Psychological Counseling Services. Appropriate psychological counseling services for a student who is deaf or hard of hearing shall be made available at the student's school site in the student's primary mode of communication. In the case of a student who is hard of hearing, appropriate auditory systems to enhance oral communication shall be used if required by the student's admission, review, and dismissal committee. Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995 § 33.081. Extracurricular Activities. [Excerpt] ... (c) A student who is enrolled in a school district in this state or who participates in a University Interscholastic League competition shall be suspended from participation in any extracurricular activity sponsored or sanctioned by the school district or the University Interscholastic League after a grade evaluation period in which the student received a grade lower than the equivalent of 70 on a scale of 100 in any academic class other than a course described by Subsection (d-1). A suspension continues for at least three school weeks and is not removed during the school year until the conditions of Subsection (d) are met. A suspension does not last beyond TEA Special Education A-Z Index December 2017 | B-17

Federal Regulations Commissioner § 300.108 Physical education. § 74.72. Minimum High School P The State must ensure that public agencies in the State comply ... with the following: (b) Core courses. A student mus (a) General. Physical education services, specially designed if following. necessary, must be made available to every child with a disability receiving FAPE, unless the public agency enrolls ... children without disabilities and does not provide physical education to children without disabilities in the same grades. (6) Physical education--on (b) Regular physical education. Each child with a disability must ... be afforded the opportunity to participate in the regular physical education program available to nondisabled children (F) A student who is unless— activity due to dis an academic elec (1) The child is enrolled full time in a separate facility; or arts, mathematics the physical educ SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws the end of a school year. For purposes of this subsection, \"grade evaluation period\" means: (1) the six-week grade reporting period; or (2) the first six weeks of a semester and each grade reporting period thereafter, in the case of a district with a grade reporting period longer than six weeks. ... (d-1) Subsections (c) and (d) do not apply to an advanced placement or international baccalaureate course, or to an honors or dual credit course in the subject areas of English language arts, mathematics, science, social studies, economics, or a language other than English. The agency shall review on a biennial basis courses described by this subsection to determine if other courses should be excluded from the requirement that a student be suspended from participation in an extracurricular activity under Subsection (c). Not later than January 1 of each odd-numbered year, the agency shall report the findings under this subsection to the legislature. (e) Suspension of a student with a disability that significantly interferes with the student's ability to meet regular academic standards must be based on the student's failure to meet the requirements of the student's individualized education program. The determination of whether a disability significantly interferes with a student's ability to meet regular academic standards must be made by the student's admission, review, and dismissal committee. For purposes of this subsection, \"student with a disability\" means a student who is eligible for a district's special education program under Section 29.003(b). (f) A student suspended under this section may practice or rehearse with other students for an extracurricular activity but may not participate in a competition or other public performance. ... Last Amended: 80th Leg., R.S., Ch. 1327 (S.B. 1517), Sec. 1, eff. June 15, 2007 Program. [Excerpt] § 28.002. Required Curriculum. [Excerpt] st demonstrate proficiency in the ... ne credit. (d) The physical education curriculum required under Subsection (a)(2)(C) must be sequential, developmentally appropriate, unable to participate in physical and designed, implemented, and evaluated to enable sability or illness may substitute students to develop the motor, self-management, and other ctive credit (English language skills, knowledge, attitudes, and confidence necessary to s, science, or social studies) for participate in physical activity throughout life. Each school cation credit requirement. The district shall establish specific objectives and goals the district intends to accomplish through the physical education curriculum. In identifying the essential knowledge and skills of physical education, the State Board of Education shall ensure that the curriculum: ... TEA Special Education A-Z Index December 2017 | B-18

Federal Regulations Commissioner (2) The child needs specially designed physical education, determination reg as prescribed in the child’s IEP. participate in phys (c) Special physical education. If specially designed physical (i) the student's education is prescribed in a child’s IEP, the public agency dismissal (A responsible for the education of that child must provide the receives spe services directly or make arrangements for those services to the Texas E be provided through other public or private programs. 29, Subchap (d) Education in separate facilities. The public agency ... responsible for the education of a child with a disability who is enrolled in a separate facility must ensure that the child (iii) a committee receives appropriate physical education services in district of pe compliance with this section. knowledge r the committe (Authority: 20 U.S.C. 1412(a)(5)(A)) (ii) of this su committee s Last Amended: 71 FR 46764, Aug. 14, 2006 required of a committee. ... Last Amended: August 24, 2015, § 74.73. Recommended High Sc ... (b) Core courses. A student mus following: ... (6) Physical education--on ... (G) A student who is activity due to dis an academic elec arts, mathematics the physical educ determination reg participate in phys (i) the student's dismissal (A receives spe the Texas E Subchapter ... (iii) a committee district of pe knowledge r the committe (ii) of this su committee s required of a committee. ... Last Amended: August 24, 2015, SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws garding a student's ability to (6) meets the needs of students of all physical ability levels, sical activity will be made by: including students who have a, chronic health problem, disability, including a student who is a person with a s admission, review, and disability described under Section 29.003(b) or criteria ARD) committee if the student developed by the agency in accordance with that ecial education services under section, or other special need that precludes the student Education Code (TEC), Chapter from participating in regular physical education pter A; instruction but who might be able to participate in physical education that is suitably adapted and, if e established by the school applicable, included in the student's individualized ersons with appropriate education program; regarding the student if each of ees described by clauses (i) and ... ubparagraph is inapplicable. This shall follow the same procedures Last Amended: an ARD or a Section 504 84th Leg., R.S., Ch. 89 (H.B. 440), Sec. 1, eff. May 23, 2015 84th Leg., R.S., Ch. 729 (H.B. 1431), Sec. 1, eff. June 17, 2015 84th Leg., R.S., Ch. 1175 (S.B. 968), Sec. 1, eff. June 19, 2015 40 TexReg 5329 § 28.025. High School Diploma and Certificate; Academic Achievement Record. [Excerpt] chool Program. [Excerpt] ... st demonstrate proficiency in the (b-11) In adopting rules under Subsection (b-1), the State Board of ne credit. Education shall allow a student who is unable to participate in physical activity due to disability or illness to substitute one unable to participate in physical credit in English language arts, mathematics, science, or sability or illness may substitute social studies, one credit in a course that is offered for credit ctive credit (English language as provided by Section 28.002(g-1), or one academic elective s, science, or social studies) for credit for the physical education credit required under cation credit requirement. The Subsection (b-1)(8). A credit allowed to be substituted under garding a student's ability to this subsection may not also be used by the student to satisfy sical activity will be made by: a graduation requirement other than completion of the s admission, review, and physical education credit. The rules must provide that the ARD) committee if the student determination regarding a student's ability to participate in ecial education services under physical activity will be made by: Education Code, Chapter 29, (1) if the student receives special education services under A; Subchapter A, Chapter 29, the student's admission, review, and dismissal committee; e established by the school ersons with appropriate ... regarding the student if each of ees described by clauses (i) and Last Amended: ubparagraph is inapplicable. This 85th Leg., R.S., Ch. 1088 (H.B. 3593), Sec. 2, eff. June 15, 2017 shall follow the same procedures 85th Leg., R.S., Ch. 513 (S.B. 30), Sec. 3, eff. September 1, 2017 an ARD or a Section 504 85th Leg., R.S., Ch. 549 (S.B. 463), Sec. 2, eff. June 9, 2017 85th Leg., R.S., Ch. 307 (S.B. 826), Sec. 1, eff. May 29, 2017 40 TexReg 5329 TEA Special Education A-Z Index December 2017 | B-19

Federal Regulations Commissioner § 74.74. Distinguished Achievem Advanced High School Program ... (b) Core courses. A student mus following: ... (6) Physical education--on ... (G) A student who is activity due to dis an academic elec arts, mathematics the physical educ determination reg participate in phys (i) the student's dismissal (A receives spe the Texas E 29, Subchap ... (iii) a committee district of pe knowledge r the committe (ii) of this su committee s required of a committee. ... Last Amended: August 24, 2015, ss§ 74.1022. Foundation High S Who Graduate in the 2013-2014 ... (d) Core courses. A student mus following. ... (6) Physical education--on ... (F) A student who is activity due to dis an academic elec arts, mathematics the physical educ determination reg participate in phys (i) the student's dismissal (A receives spe SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws December 2017 | B-20 ment High School Program-- m. [Excerpt] st demonstrate proficiency in the ne credit. unable to participate in physical sability or illness may substitute ctive credit (English language s, science, or social studies) for cation credit requirement. The garding a student's ability to sical activity will be made by: s admission, review, and ARD) committee if the student ecial education services under Education Code (TEC), Chapter pter A; e established by the school ersons with appropriate regarding the student if each of ees described by clauses (i) and ubparagraph is inapplicable. This shall follow the same procedures an ARD or a Section 504 40 TexReg 5329 School Program for Students 4 School Year. [Excerpt] st demonstrate proficiency in the ne credit. unable to participate in physical sability or illness may substitute ctive credit (English language s, science, or social studies) for cation credit requirement. The garding a student's ability to sical activity will be made by: s admission, review, and ARD) committee if the student ecial education services under TEA Special Education A-Z Index

Federal Regulations Commissioner the Texas E 29, Subchap ... (iii) a committee district of pe knowledge r the committe (ii) of this su committee s required of a committee. ... Last Amended: December 16, 201 § 89.1131. Qualifications of Spe Service, and Paraprofessional P ... (b) A teacher who holds a speci endorsement may be assign education instructional progr years of age, as defined in § Age Ranges for Student Elig limitation of their certification ... (5) The following provision (A) When the ARD co determination and in the student's in physical educatio following personn (i) special educ service pers skills and kn (ii) physical edu (iii) occupationa (iv) physical the (v) occupationa therapy assi in accordanc profession. (B) When these servi education person that they have the knowledge. Docu not be limited to, attendance at sem transcripts of colle ... Last Amended: January 1, 2015, 3 SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws December 2017 | B-21 Education Code (TEC), Chapter pter A; e established by the school ersons with appropriate regarding the student if each of ees described by clauses (i) and ubparagraph is inapplicable. This shall follow the same procedures an ARD or a Section 504 13, 38 TexReg 9021 ecial Education, Related Personnel. [Excerpt] ial education certificate or an ned to any level of a basic special ram serving eligible students 3-21 §89.1035(a) of this title (relating to gibility), in accordance with the n, except for the following. ns apply to physical education. ommittee has made the d the arrangements are specified ndividualized education program, on may be provided by the nel: cation instructional or related sonnel who have the necessary nowledge; ucation teachers; al therapists; erapists; or al therapy assistants or physical istants working under supervision ce with the standards of their ices are provided by special nnel, the district must document e necessary skills and umentation may include, but need inservice records, evidence of minars or workshops, or ege courses. 39 TexReg 10446 TEA Special Education A-Z Index

Federal Regulations Commissioner § 300.109 Full educational opportunity goal (FEOG). The State must have in effect policies and procedures to demonstrate that the State has established a goal of providing full educational opportunity to all children with disabilities, aged birth through 21, and a detailed timetable for accomplishing that goal. (Authority: 20 U.S.C. 1412(a)(2)) Last Amended: 71 FR 46764, Aug. 14, 2006 § 300.110 Program options. § 75.1023. Provisions for Individ Special Populations. The State must ensure that each public agency takes steps to ensure that its children with disabilities have available to them the (a) An individual who is a memb variety of educational programs and services available to defined in 20 United States C nondisabled children in the area served by the agency, including provided career and technica art, music, industrial arts, consumer and homemaking education, all applicable federal law and and vocational education. rules of the State Board of E commissioner of education. (Authority: 20 U.S.C. 1412(a)(2), 1413(a)(1)) (b) A student with a disability sh Last Amended: 71 FR 46764, Aug. 14, 2006 technical education in accord Individuals with Disabilities E (IDEA) of 2004, 20 USC, §§1 regulations, state statutes, a commissioner of education r with disabilities. (c) A student with a disability sh with the student's individualiz the least restrictive environm admission, review, and dism student is unable to receive education (educational bene technical education program services, the student may be designed to address the stud needs, such as career and te with disabilities programs. (d) A student with a disability ide provisions of Public Law 105 USC, §§1400-1491o, is an e technical education when the are met. (1) The ARD committee sh career and technical ed when considering initia student in a career and ARD committee memb SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws § 1.002. Equal Educational Services or Opportunities. (a) An educational institution undertaking to provide education, services, or activities to any individual within the jurisdiction or geographical boundaries of the educational institution shall provide equal opportunities to all individuals within its jurisdiction or geographical boundaries pursuant to this code. (b) An educational institution may not deny services to any individual eligible to participate in a school district's special education program as provided by Section 29.003, but the educational institution shall provide individuals with disabilities special educational services as authorized by law or, where expressly authorized, assist in and contribute toward the provision of appropriate special educational services in cooperation with other educational institutions and other appropriate agencies, institutions, or departments. Last amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995 duals Who Are Members of § 29.001. Statewide Plan. [Excerpt] ber of a special population as The agency shall develop, and modify as necessary, a statewide Code (USC), §2302(29), shall be design, consistent with federal law, for the delivery of services to al education in accordance with children with disabilities in this state that includes rules for the d regulations, state statutes, and administration and funding of the special education program so Education (SBOE) and that a free appropriate public education is available to all of those children between the ages of three and 21. The statewide design hall have access to career and shall include the provision of services primarily through school dance with the provisions of the districts and shared services arrangements, supplemented by Education Improvement Act regional education service centers. The agency shall also develop 1400-1491o, and implementing and implement a statewide plan with programmatic content that and rules of the SBOE and includes procedures designed to: relating to services to students ... hall be instructed in accordance zed education program (IEP) in (8) ensure that, when appropriate, each student with a disability ment, as determined by the is provided an opportunity to participate in career and missal (ARD) committee. If a technology and physical education classes, in addition to a free appropriate public participating in regular or special classes; efit) in a regular career and m, using supplementary aids and ... e served in separate programs dent's occupational/training Last Amended: 84th Leg., R.S., Ch. 1192 (S.B. 1259), Sec. 1, eff. echnical education for students June 19, 2015 entified in accordance with 5-302 and the IDEA of 2004, 20 eligible participant in career and e requirements of this subsection hall include a representative from ducation, preferably the teacher, al or continued placement of a d technical education program. An ber, including a member described TEA Special Education A-Z Index December 2017 | B-22

Federal Regulations Commissioner in this subsection, is no committee meeting if th Federal Regulations (C attendance, or 34 CFR excusal, have been me (2) Planning for students w coordinated among car special education, and should include a cohere (3) A school district shall m instruction being provid career and technical ed with the IEP developed (4) A school district shall p that each student with a complete a career and such as curriculum mod modification, classroom personnel, and instruct (5) A school district shall h requirements of the IDE 1491o, and implementi and rules of the commi student with a disability sequence of career and (6) When determining plac education classroom, th a student's graduation including the considera classroom supports. En create a harmful effect with or without disabiliti provisions in the IDEA and its implementing re Last Amended: July 12, 2012, 37 § 300.111 Child find. § 89.1011. Full and Individual In (a) General. (a) Referral of students for a full for possible special educatio (1) The State must have in effect policies and procedures district's overall, general edu to ensure that— system. Prior to referral, stud the general classroom shoul (i) All children with disabilities residing in the State, services available to all stud including children with disabilities who are compensatory; response to s homeless children or are wards of the State, and intervention; and other acade children with disabilities attending private schools, services. If the student contin regardless of the severity of their disability, and the general classroom after t who are in need of special education and related district personnel must refer services, are identified, located, and evaluated; and initial evaluation. This re and initial evaluation may be initi student's parents or legal gu (ii) A practical method is developed and implemented involved in the education or to determine which children are currently receiving needed special education and related services. (b) Use of term developmental delay. The following provisions SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws ot required to attend an ARD he conditions of 34 Code of CFR), §300.321(e)(1), regarding R, §300.321(e)(2), regarding et. with disabilities shall be reer and technical education, state rehabilitation agencies and ent sequence of courses. monitor to determine if the ded students with disabilities in ducation classes is consistent d for a student. provide supplementary services a disability needs to successfully technical education program dification, equipment m modification, supportive tional aids and devices. help fulfill the transitional service EA of 2004, 20 USC, §§1400- ing regulations, state statutes, issioner of education for each y who is completing a coherent d technical education courses. cement in a career and technical he ARD committee shall consider plan, the content of the IEP, ation of transition services, and nrollment numbers should not on student learning for a student ies in accordance with the of 2004, 20 USC, §§1400-1491o, egulations. TexReg 5132 nitial Evaluation. [Excerpt] § 26.0081. Right to Information Concerning Special Education and Education of Students with Learning Difficulties. l individual and initial evaluation [Excerpt] on services must be a part of the ucation referral or screening ... dents experiencing difficulty in ld be considered for all support (c) The agency shall produce and provide to school districts a dents, such as tutorial; remedial; written explanation of the options and requirements for scientific, research-based providing assistance to students who have learning emic or behavior support difficulties or who need or may need special education. The nues to experience difficulty in explanation must state that a parent is entitled at any time to the provision of interventions, request an evaluation of the parent's child for special education services under Section 29.004. Each school year, the student for a full individual each district shall provide the written explanation to a parent eferral for a full individual and of each district student by including the explanation in the iated by school personnel, the student handbook or by another means. uardian, or another person care of the student. Last Amended: 78th Leg., ch. 539, Sec. 1, 2, eff. Sept. 1, 2003 TEA Special Education A-Z Index December 2017 | B-23

Federal Regulations Commissioner apply with respect to implementing the child find ... requirements of this section: Last Amended: January 1, 2015, 3 (1) A State that adopts a definition of developmental delay under §300.8(b) determines whether the term applies to § 89.1115. Memorandum of Und children aged three through nine, or to a subset of that Interagency Coordination of Sp age range (e.g., ages three through five). Students with Disabilities in Re (2) A State may not require an LEA to adopt and use the ... term developmental delay for any children within its jurisdiction. (d) Terms of MOU. The parties a (3) If an LEA uses the term developmental delay for (1) The responsibilities of L children described in §300.8(b), the LEA must conform provision of a FAPE to to both the State’s definition of that term and to the age reside in RFs are estab range that has been adopted by the State. ... (4) If a State does not adopt the term developmental delay, an LEA may not independently use that term as a basis (B) Not later than the for establishing a child’s eligibility under this part. 22 years of age o RF must provide (c) Other children in child find. Child find also must include— TEC, §29.012(a), (1) Children who are suspected of being a child with a (i) if the person disability under §300.8 and in need of special of age or old education, even though they are advancing from grade which the R to grade; and open-enrollm has been de (2) Highly mobile children, including migrant children. correctional Deaf, the Un (d) Construction. Nothing in the Act requires that children be Branch); or classified by their disability so long as each child who has a disability that is listed in §300.8 and who, by reason of that (ii) if the person disability, needs special education and related services is than three y regarded as a child with a disability under Part B of the Act. local early c the area in w (Authority: 20 U.S.C. 1401(3)); 1412(a)(3)) ... Last Amended: 71 FR 46764, Aug. 14, 2006 Last Amended: August 6, 2002, 2 § 300.112 Individualized education programs (IEP). The State must ensure that an IEP, or an IFSP that meets the requirements of section 636(d) of the Act, is developed, reviewed, and revised for each child with a disability in accordance with §§300.320 through 300.324, except as provided in §300.300(b)(3)(ii). (Authority: 20 U.S.C. 1412(a)(4)) Last Amended: 71 FR 46764, Aug. 14, 2006 § 300.113 Routine checking of hearing aids and external components of surgically implanted medical devices. (a) Hearing aids. Each public agency must ensure that hearing aids worn in school by children with hearing impairments, including deafness, are functioning properly. (b) External components of surgically implanted medical devices. (1) Subject to paragraph (b)(2) of this section, each public agency must ensure that the external components of SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws 39 TexReg 10446 § 29.009. Public Notice Concerning Preschool Programs for Students with Disabilities. derstanding Concerning pecial Education Services to Each school district shall develop a system to notify the population esidential Facilities. [Excerpt] in the district with children who are at least three years of age but younger than six years of age and who are eligible for enrollment in a special education program of the availability of the program. Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995 agree to the following terms: § 29.012. Residential Facilities. [Excerpt] LEAs and RFs related to the (a) Except as provided by Subsection (b)(2), not later than the students with disabilities who third day after the date a person 22 years of age or younger blished as follows: is placed in a residential facility, the residential facility shall: e third day after the date a person (1) if the person is three years of age or older, notify the or younger is placed in an RF, the school district in which the facility is located, unless the notification in accordance with facility is an open-enrollment charter school; or , as follows: (2) if the person is younger than three years of age, notify a n placed in the RF is three years local early intervention program in the area in which the der, the RF must notify the LEA in facility is located. RF is located, unless the RF is an ment charter school or the RF ... esignated as an LEA (e.g., TYC facilities, Texas School for the Last Amended: niversity of Texas Medical 85th Leg., R.S., Ch. 1026 (H.B. 1569), Sec. 1, eff. June 15, 2017 85th Leg., R.S., Ch. 764 (S.B. 2080), Sec. 1, June 12, 2017 n placed in the RF is younger years of age, the RF must notify a childhood intervention program in which the RF is located. 27 TexReg 6851 TEA Special Education A-Z Index December 2017 | B-24

Federal Regulations Commissioner surgically implanted medical devices are functioning properly. (2) For a child with a surgically implanted medical device who is receiving special education and related services under this part, a public agency is not responsible for the post-surgical maintenance, programming, or replacement of the medical device that has been surgically implanted (or of an external component of the surgically implanted medical device). (Authority: 20 U.S.C. 1401(1), 1401(26)(B)) Last Amended: 71 FR 46764, Aug. 14, 2006 Least Restrictive Environment (LRE) § 300.114 LRE requirements. § 75.1023. Provisions for Individ Special Populations. [Excerpt] (a) General. ... (1) Except as provided in §300.324(d)(2) (regarding children with disabilities in adult prisons), the State must (c) A student with a disability sh have in effect policies and procedures to ensure that with the student's individualiz public agencies in the State meet the LRE requirements the least restrictive environm of this section and §§300.115 through 300.120. admission, review, and dism student is unable to receive (2) Each public agency must ensure that— education (educational bene technical education program (i) To the maximum extent appropriate, children with services, the student may be disabilities, including children in public or private designed to address the stud institutions or other care facilities, are educated needs, such as career and te with children who are nondisabled; and with disabilities programs. (ii) Special classes, separate schooling, or other ... removal of children with disabilities from the regular educational environment occurs only if the Last Amended: July 12, 2012, 37 nature or severity of the disability is such that education in regular classes with the use of § 89.1115. Memorandum of Und supplementary aids and services cannot be Interagency Coordination of Sp achieved satisfactorily. Students with Disabilities in Re (b) Additional requirement—State funding mechanism— ... (1) General. (d) Terms of MOU. The parties a (i) A State funding mechanism must not result in ... placements that violate the requirements of paragraph (a) of this section; and (3) Criteria for determining provide educational ser (ii) A State must not use a funding mechanism by which the State distributes funds on the basis of (A) TEA will ensure th the type of setting in which a child is served that provides a FAPE will result in the failure to provide a child with a disabilities, in the disability FAPE according to the unique needs of (LRE), to the max the child, as described in the child’s IEP. meet the individua student as determ (2) Assurance. If the State does not have policies and admission, review procedures to ensure compliance with paragraph (b)(1) committee, and in of this section, the State must provide the Secretary an this title (relating t assurance that the State will revise the funding mechanism as soon as feasible to ensure that the (B) The student's AR mechanism does not result in placements that violate SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws duals Who Are Members of § 29.314. Transition Into Regular Class. hall be instructed in accordance In addition to satisfying requirements of the admission, review, and zed education program (IEP) in dismissal committee and to satisfying requirements under state ment, as determined by the and federal law for vocational training, each school district shall missal (ARD) committee. If a develop and implement a transition plan for the transition of a a free appropriate public student who is deaf or hard of hearing into a regular class program efit) in a regular career and if the student is to be transferred from a special class or center or m, using supplementary aids and nonpublic, nonsectarian school into a regular class in a public e served in separate programs school for any part of the school day. The transition plan must dent's occupational/training provide for activities: echnical education for students (1) to integrate the student into the regular education program TexReg 5132 and specify the nature of each activity and the time spent on the activity each day; and (2) to support the transition of the student from the special education program into the regular education program. Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995 derstanding Concerning pecial Education Services to esidential Facilities. [Excerpt] agree to the following terms: g when a public school will rvices are established as follows. hat the local school district to all eligible students with e least restrictive environment ximum extent appropriate, to al educational needs of the mined by a duly-constituted w, and dismissal (ARD) n accordance with §89.1001 of to Scope and Applicability). RD committee must determine the TEA Special Education A-Z Index December 2017 | B-25

Federal Regulations Commissioner that paragraph. appropriate educa (Authority: 20 U.S.C. 1412(a)(5)) considering all av Last Amended: 71 FR 46764, Aug. 14, 2006 educational needs the non-education ability of the LEA school campus or These non-educa student's health a abuse), and/or the restrictive RF pro or restrictive cour committee's deter based on student categorical basis, or residence in an must not determin basis of what is m (4) When educational serv appropriate educationa follows. (A) The ARD committ space available a provision of a FAP based on the indiv RF's available spa (B) An ARD committe for providing educ committee or RF appropriate availa ... Last Amended: August 6, 2002, 2 § 300.115 Continuum of alternative placements. § 89.63. Instructional Arrangem (a) Each public agency must ensure that a continuum of (a) Each local school district sha alternative placements is available to meet the needs of with special education perso children with disabilities for special education and related in order to meet the special n services. accordance with 34 Code of 300.118. (b) The continuum required in paragraph (a) of this section must— (b) Subject to §89.1075(e) of thi Program Requirements and (1) Include the alternative placements listed in the definition purpose of determining the s of special education under §300.39 (instruction in arrangement/setting, the reg regular classes, special classes, special schools, home period of time determined ap instruction, and instruction in hospitals and institutions); review, and dismissal (ARD) and (c) Instructional arrangements/s (2) Make provision for supplementary services (such as individual needs and the indi resource room or itinerant instruction) to be provided in (IEPs) of eligible students re conjunction with regular class placement. services and shall include th (Authority: 20 U.S.C. 1412(a)(5)) (1) Mainstream. This instru for providing special ed Last Amended: 82 FR 29759, June 30, 2017 student in the regular c student's IEP. Qualified must be involved in the SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws ational placement for the student, vailable information regarding the ds of the student, and including nal needs that may restrict the to serve the student on a public r other instructional setting. ational needs could include the and safety (e.g. substance e student's placement in a ogram (e.g., juvenile incarceration rt-ordered placements). The ARD rmination must be individualized t need and not made on a , such as the student's disability n RF. Further, ARD committees ne educational placement on the most convenient to LEAs or RFs. vices will be provided at an RF, al space will be determined as tee must determine whether at the RF is appropriate for the PE. This determination must be ividual student's needs and the ace. ee must find alternative locations cational services if the ARD determines that the RF has no able space. 27 TexReg 6851 ments and Settings. § 29.014. School Districts That Provide Education Solely to Students Confined to or Educated in Hospitals. all be able to provide services onnel to students with disabilities (a) This section applies only to a school district that provides needs of those students in education and related services only to students who are confined in or receive educational services in a hospital. Federal Regulations, §§300.114- (b) A school district to which this section applies may operate an is title (relating to General extended year program for a period not to exceed 45 days. Local District Procedures) for the The district's average daily attendance shall be computed for student's instructional the regular school year plus the extended year. gular school day is defined as the ppropriate by the admission, (c) Notwithstanding any other provision of this code, a student ) committee. whose appropriate education program is a regular education program may receive services and be counted for attendance settings shall be based on the purposes for the number of hours per week appropriate for ividualized education programs the student's condition if the student: eceiving special education he following. (1) is temporarily classified as eligible for participation in a special education program because of the student's uctional arrangement/setting is confinement in a hospital; and ducation and related services to a classroom in accordance with the (2) the student's education is provided by a district to which d special education personnel this section applies. e implementation of the student's (d) The basic allotment for a student enrolled in a district to TEA Special Education A-Z Index December 2017 | B-26

Federal Regulations Commissioner IEP through the provisi support services to the regular classroom teac regular classroom and student's IEP must spe provided by qualified sp enable the student to a general education curri advance in achieving th IEP. Examples of servi arrangement include, b instruction, helping teac interpreter, education a modifications/accommo materials/equipment, p interventions and supp student and his/her reg regarding the student's classes, staff developm students to instructiona (2) Homebound. This instr for providing special ed students who are serve (A) Students served o bedside basis are minimum of four c documented by a the United States instruction may, a also be provided t expected to be co totaling at least fo year as documen practice in the Un committee shall d to be provided to arrangement/setti and state laws, ru the provisions spe section. (B) Home instruction infants and toddle young children (a appropriate by the services plan (IFS committee. This a to school districts Code, §29.014. (3) Hospital class. This ins for providing special ed classroom, in a hospita treatment facility not op the students residing in education services outs considered to be serve arrangement in which t SUBPART B TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws ion of direct, indirect and/or which this section applies is adjusted by: e student, and/or the student's cher(s) necessary to enrich the (1) the cost of education adjustment under Section 42.102 for the school district in which the district is enable student success. The geographically located; and ecify the services that will be pecial education personnel to (2) the weight for a homebound student under Section appropriately progress in the 42.151(a). iculum and/or appropriately he goals set out in the student's Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995 ices provided in this instructional but are not limited to, direct § 29.308. Regional Programs. cher, team teaching, co-teaching, aides, curricular or instructional Regional programs for students who are deaf or hard of hearing odations, special shall meet the unique communication needs of students who can positive classroom behavioral benefit from those programs. Appropriate funding for those ports, consultation with the programs shall be consistent with federal and state law, and gular classroom teacher(s) money appropriated to school districts for educational programs s progress in regular education and services for students who are deaf or hard of hearing may not ment, and reduction of ratio of be allocated or used for any other program or service. al staff. Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995 ructional arrangement/setting is ducation and related services to § 30.021. Purpose of Texas School for the Blind and Visually ed at home or hospital bedside. Impaired. [Excerpt] on a homebound or hospital (a) The Texas School for the Blind and Visually Impaired is a e expected to be confined for a state agency established to serve as a special school in the consecutive weeks as continuum of statewide alternative placements for students a physician licensed to practice in who are 21 years of age or younger on September 1 of any s. Homebound or hospital bedside school year and who have a visual impairment and who may as provided by local district policy, have one or more other disabilities. The school is intended to to chronically ill students who are serve students who require specialized or intensive onfined for any period of time educational or related services related to the visual our weeks throughout the school impairment. The school is not intended to serve: nted by a physician licensed to nited States. The student's ARD (1) students whose needs are appropriately addressed in a determine the amount of services home or hospital setting or in a residential treatment the student in this instructional facility; or ing in accordance with federal ules, and regulations, including (2) students whose primary, ongoing needs are related to a ecified in subsection (b) of this severe or profound emotional, behavioral, or cognitive deficit. may also be used for services to ers (birth through age 2) and ... ages 3-5) when determined e child's individualized family Last Amended: 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 6, eff. SP) committee or ARD September 1, 2007 arrangement/setting also applies s described in Texas Education § 30.051. Purpose of Texas School for the Deaf. [Excerpt] structional arrangement/setting is (a) The Texas School for the Deaf is a state agency established ducation instruction in a to provide educational services to persons who are 21 years al facility, or a residential care and of age or younger on September 1 of any school year and perated by the school district. If who are deaf or hard of hearing and who may have one or n the facility are provided special more other disabilities. The school shall provide side the facility, they are comprehensive educational services, on a day or residential ed in the instructional basis, and short-term services to allow a student to better they are placed and are not to be achieve educational results from services available in the community. The school is not intended to serve: (1) students whose needs are appropriately addressed in a home or hospital setting or a residential treatment TEA Special Education A-Z Index December 2017 | B-27

Federal Regulations Commissioner considered as in a hosp (4) Speech therapy. This in is for providing speech regular education class regular education class education or related se speech therapy, then th may not be combined w arrangement. (5) Resource room/service arrangement/setting is and related services to regular education for le school day. (6) Self-contained (mild, m campus. This instructio providing special educa student who is in a self more of the regular sch campus. (7) Off-home campus. This arrangement/setting is and related services to limited to, students at S District and Windham I (A) a student who is o more than one sc location when a fr is not available in (B) a student in a com (not operated by a the student for po integrated employ in coordination wi transition goals an with regularly sch involvement provi or a student in a f district (other than instruction provide (C) a student in a self separate campus that provides only services. (8) Nonpublic day school. arrangement/setting is and related services to agreement with a nonp education. (9) Vocational adjustment arrangement/setting is and related services to (paid or unpaid unless regularly scheduled dir SUBPART B TEA | Division of Federal and State Education Policy