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r’s/SBOE Rules State Laws TEA Special Education A-Z Index December 2017 | C-13

Federal Regulations Commissioner (2) Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction. (c) Construction. Nothing in this section shall be construed to either limit or create a right to FAPE under Part B of the Act or to delay appropriate evaluation of a child suspected of having a disability. (d) Reporting. Each LEA that develops and maintains coordinated, early intervening services under this section must annually report to the SEA on— (1) The number of children served under this section who received early intervening services; and (2) The number of children served under this section who received early intervening services and subsequently receive special education and related services under Part B of the Act during the preceding two year period. (e) Coordination with ESEA. Funds made available to carry out this section may be used to carry out coordinated, early intervening services aligned with activities funded by, and carried out under the ESEA if those funds are used to supplement, and not supplant, funds made available under the ESEA for the activities and services assisted under this section. (Authority: 20 U.S.C. 1413(f)) Last Amended: 71 FR 46782, Aug. 14, 2006 § 300.227 Direct services by the SEA. (a) General. (1) An SEA must use the payments that would otherwise have been available to an LEA or to a State agency to provide special education and related services directly to children with disabilities residing in the area served by that LEA, or for whom that State agency is responsible, if the SEA determines that the LEA or State agency— (i) Has not provided the information needed to establish the eligibility of the LEA or State agency, or elected not to apply for its Part B allotment, under Part B of the Act; (ii) Is unable to establish and maintain programs of FAPE that meet the requirements of this part; (iii) Is unable or unwilling to be consolidated with one or more LEAs in order to establish and maintain the programs; or (iv) Has one or more children with disabilities who can best be served by a regional or State program or service delivery system designed to meet the needs of these children. (2) SEA administrative procedures. (i) In meeting the requirements in paragraph (a)(1) of this section, the SEA may provide special education and related services directly, by contract, or through SUBPART C TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws TEA Special Education A-Z Index December 2017 | C-14

Federal Regulations Commissioner other arrangements. (ii) The excess cost requirements of §300.202(b) do not apply to the SEA. (b) Manner and location of education and services. The SEA may provide special education and related services under paragraph (a) of this section in the manner and at the locations (including regional or State centers) as the SEA considers appropriate. The education and services must be provided in accordance with this part. (Authority: 20 U.S.C. 1413(g)) Last Amended: 71 FR 46783, Aug. 14, 2006 § 300.228 State agency eligibility. Any State agency that desires to receive a subgrant for any fiscal year under §300.705 must demonstrate to the satisfaction of the SEA that— (a) All children with disabilities who are participating in programs and projects funded under Part B of the Act receive FAPE, and that those children and their parents are provided all the rights and procedural safeguards described in this part; and (b) The agency meets the other conditions of this subpart that apply to LEAs. (Authority: 20 U.S.C. 1413(h)) Last Amended: 71 FR 46783, Aug. 14, 2006 § 300.229 Disciplinary information. (a) The State may require that a public agency include in the records of a child with a disability a statement of any current or previous disciplinary action that has been taken against the child and transmit the statement to the same extent that the disciplinary information is included in, and transmitted with, the student records of nondisabled children. (b) The statement may include a description of any behavior engaged in by the child that required disciplinary action, a description of the disciplinary action taken, and any other information that is relevant to the safety of the child and other individuals involved with the child. (c) If the State adopts such a policy, and the child transfers from one school to another, the transmission of any of the child’s records must include both the child’s current IEP and any statement of current or previous disciplinary action that has been taken against the child. (Authority: 20 U.S.C. 1413(i)) Last Amended: 71 FR 46783, Aug. 14, 2006 SUBPART C TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws § 37.017. Destruction of Certain Records. Information received by a school district under Article 15.27, Code of Criminal Procedure, may not be attached to the permanent academic file of the student who is the subject of the report. The school district shall destroy the information at the end of the school year in which the report was filed. Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995 § 37.022. Notice of Disciplinary Action. (a) In this section: (1) \"Disciplinary action\" means a suspension, expulsion, placement in an alternative education program, or other limitation in enrollment eligibility of a student by a district or school. (2) \"District or school\" includes an independent school district, a home-rule school district, a campus or campus program charter holder, or an open-enrollment charter school. (b) If a district or school takes disciplinary action against a student and the student subsequently enrolls in another district or school before the expiration of the period of disciplinary action, the governing body of the district or school taking the disciplinary action shall provide to the district or school in which the student enrolls, at the same time other records of TEA Special Education A-Z Index December 2017 | C-15

Federal Regulations Commissioner § 300.230 SEA flexibility. (a) Adjustment to State fiscal effort in certain fiscal years. For any fiscal year for which the allotment received by a State under §300.703 exceeds the amount the State received for the previous fiscal year and if the State in school year 2003–2004 or any subsequent school year pays or reimburses all LEAs within the State from State revenue 100 percent of the non- Federal share of the costs of special education and related services, the SEA, notwithstanding §§300.162 through 300.163 (related to State-level nonsupplanting and maintenance of effort), and §300.175 (related to direct services by the SEA) may reduce the level of expenditures from State sources for the education of children with disabilities by not more than 50 percent of the amount of such excess. (b) Prohibition. Notwithstanding paragraph (a) of this section, if the Secretary determines that an SEA is unable to establish, maintain, or oversee programs of FAPE that meet the requirements of this part, or that the State needs assistance, intervention, or substantial intervention under §300.603, the Secretary prohibits the SEA from exercising the authority in paragraph (a) of this section. (c) Education activities. If an SEA exercises the authority under paragraph (a) of this section, the agency must use funds from State sources, in an amount equal to the amount of the reduction under paragraph (a) of this section, to support activities authorized under the ESEA, or to support need- based student or teacher higher education programs. (d) Report. For each fiscal year for which an SEA exercises the authority under paragraph (a) of this section, the SEA must report to the Secretary— (1) The amount of expenditures reduced pursuant to that paragraph; and (2) The activities that were funded pursuant to paragraph (c) of this section. (e) Limitation. (1) Notwithstanding paragraph (a) of this section, an SEA may not reduce the level of expenditures described in paragraph (a) of this section if any LEA in the State would, as a result of such reduction, receive less than 100 percent of the amount necessary to ensure that all children with disabilities served by the LEA receive FAPE from the combination of Federal funds received under SUBPART C TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws the student are provided, a copy of the order of disciplinary action. (c) Subject to Section 37.007(e), the district or school in which the student enrolls may continue the disciplinary action under the terms of the order or may allow the student to attend regular classes without completing the period of disciplinary action. Last Amended: 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(16), eff. September 1, 2005 TEA Special Education A-Z Index December 2017 | C-16

Federal Regulations Commissioner Part B of the Act and State funds received from the SEA. (2) If an SEA exercises the authority under paragraph (a) of this section, LEAs in the State may not reduce local effort under §300.205 by more than the reduction in the State funds they receive. (Authority: 20 U.S.C. 1413(j)) Last Amended: 71 FR 46783, Aug. 14, 2006 SUBPART C TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws TEA Special Education A-Z Index December 2017 | C-17

Federal Regulations Commissioner Subpart D | Evaluations, Eligibility Determinations, Texas Admini Individualized Education Programs, and Educational Placements Parental Consent § 89.1011. Full and Individual Ini § 300.300 Parental consent. ... (a) Parental consent for initial evaluation (b) If a parent submits a written r director of special education (1) (i) The public agency proposing to conduct an initial administrative employee for a evaluation to determine if a child qualifies as a child evaluation of a student, the s with a disability under §300.8 must, after providing the 15th school day after the notice consistent with §§300.503 and 300.504, request: obtain informed consent, consistent with §300.9, from the parent of the child before conducting the (1) provide the parent with evaluation. to conduct an evaluatio Federal Regulations (C (ii) Parental consent for initial evaluation must not be procedural safeguards n construed as consent for initial provision of special §300.504; and an oppo education and related services. the evaluation; or (iii) The public agency must make reasonable efforts to ... obtain the informed consent from the parent for an initial evaluation to determine whether the child is a (g) For purposes of subsections child with a disability. school day does not include a instructional day of the spring (2) For initial evaluations only, if the child is a ward of the instructional day of the subse State and is not residing with the child’s parent, the ... public agency is not required to obtain informed consent Last Amended: January 1, 2015, 3 from the parent for an initial evaluation to determine whether the child is a child with a disability if — § 89.1056. Transfer of Assistive (i) Despite reasonable efforts to do so, the public ... agency cannot discover the whereabouts of the parent of the child; (b) A transfer of an assistive tech TEC, §30.0015, shall be in ac (ii) The rights of the parents of the child have been agreement which incorporate terminated in accordance with State law; or TEC, §30.0015(c), and which following. (iii) The rights of the parent to make educational decisions have been subrogated by a judge in ... accordance with State law and consent for an initial evaluation has been given by an individual (2) The informed consent o appointed by the judge to represent the child. disability for whom the A obtained before the tran (3) (i) If the parent of a child enrolled in public school or §30.0015. The procedu seeking to be enrolled in public school does not in obtaining such inform provide consent for initial evaluation under with the procedures em paragraph (a)(1) of this section, or the parent fails parental consent under to respond to a request to provide consent, the (CFR), §300.300. If the public agency may, but is not required to, pursue enter into a contract, the the initial evaluation of the child by utilizing the obtained from the stude procedural safeguards in subpart E of this part §300.505(c), informed p (including the mediation procedures under need not be obtained if §300.506 or the due process procedures under demonstrate that it has §§300.507 through 300.516), if appropriate, except obtain that consent, and to the extent inconsistent with State law relating to student has failed to res such parental consent. measures requirement, SUBPART D TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws istrative Code Texas Education Code itial Evaluation. [Excerpt] § 26.009. Consent Required for Certain Activities. request to a school district's (a) An employee of a school district must obtain the written services or to a district consent of a child's parent before the employee may: a full individual and initial school district must, not later than (1) conduct a psychological examination, test, or treatment, date the district receives the unless the examination, test, or treatment is required under Section 38.004 or state or federal law regarding h prior written notice of its proposal requirements for special education; or on consistent with 34 Code of CFR), §300.503; a copy of the (2) make or authorize the making of a videotape of a child or notice required by 34 CFR, record or authorize the recording of a child's voice. ortunity to give written consent for (b) An employee of a school district is not required to obtain the (b), (c), and (e) of this section, consent of a child's parent before the employee may make a a day that falls after the last videotape of a child or authorize the recording of a child's g school term and before the first voice if the videotape or voice recording is to be used only for: equent fall school term. (1) purposes of safety, including the maintenance of order 39 TexReg 10446 and discipline in common areas of the school or on school buses; Technology Devices. [Excerpt] (2) a purpose related to a cocurricular or extracurricular hnology device (ATD) pursuant to activity; ccordance with a transfer es the standards described in (3) a purpose related to regular classroom instruction; h includes, specifically, the (4) media coverage of the school; or of the parent of the student with a ATD is being transferred must be (5) a purpose related to the promotion of student safety nsfer of an ATD pursuant to TEC, under Section 29.022. ures employed by a school district med consent shall be consistent Last Amended: 84th Leg., R.S., Ch. 1147 (S.B. 507), Sec.1, eff. mployed by the district to obtain June 19, 2015 34 Code of Federal Regulations student has the legal capacity to § 29.004. Full Individual and Initial Evaluation. [Excerpt] e informed consent may be ent. Consistent with 34 CFR, ... parental or adult student consent the school district can (c) If a parent or legal guardian makes a written request to a taken reasonable measures to school district’s director of special education services or to a d the student's parent or the adult district administrative employee for a full individual and initial spond. To meet the reasonable evaluation of a student, the district shall, not later than the 15th the school district must use school day after the date the district receives the request: (1) provide an opportunity for the parent or legal guardian to give written consent for the evaluation; or (2) refuse to provide the evaluation and provide the parent or legal guardian with notice of procedural safeguards under 20 U.S.C. Section 1415(b). Last Amended: 83rd Leg., Ch. 757 (S.B. 816), Sec. 1, eff. September 1, 2013 § 29.0041. Information and Consent for Certain Psychological Examinations or Tests. (a) On request of a child's parent, before obtaining the parent's consent under 20 U.S.C. Section 1414 for the administration of any psychological examination or test to the child that is TEA Special Education A-Z Index December 2017 | D-1

Federal Regulations Commissioner (ii) The public agency does not violate its obligation procedures consistent w under §300.111 and §§300.301 through 300.311 if §300.322(d). it declines to pursue the evaluation. ... (b) Parental consent for services Last Amended: November 11, 200 (1) A public agency that is responsible for making FAPE available to a child with a disability must obtain informed consent from the parent of the child before the initial provision of special education and related services to the child. (2) The public agency must make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the child. (3) If the parent of a child fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services, the public agency— (i) May not use the procedures in subpart E of this part (including the mediation procedures under §300.506 or the due process procedures under §§300.507 through 300.516) in order to obtain agreement or a ruling that the services may be provided to the child; (ii) Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with the special education and related services for which the parent refuses to or fails to provide consent; and (iii) Is not required to convene an IEP Team meeting or develop an IEP under §§300.320 and 300.324 for the child. (4) If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the public agency— (i) May not continue to provide special education and related services to the child, but must provide prior written notice in accordance with §300.503 before ceasing the provision of special education and related services; (ii) May not use the procedures in subpart E of this part (including the mediation procedures under §300.506 or the due process procedures under §§300.507 through 300.516) in order to obtain agreement or a ruling that the services may be provided to the child; (iii) Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with further special education and related services; and (iv) Is not required to convene an IEP Team meeting or develop an IEP under §§300.320 and 300.324 for SUBPART D TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws with those described in 34 CFR, included as part of the evaluation of the child's need for special 07, 32 TexReg 8129 education, a school district shall provide to the child's parent: (1) the name and type of the examination or test; and (2) an explanation of how the examination or test will be used to develop an appropriate individualized education program for the child. (b) If the district determines that an additional examination or test is required for the evaluation of a child's need for special education after obtaining consent from the child's parent under Subsection (a), the district shall provide the information described by Subsections (a)(1) and (2) to the child's parent regarding the additional examination or test and shall obtain additional consent for the examination or test. (c) The time required for the district to provide information and seek consent under Subsection (b) may not be counted toward the 60 calendar days for completion of an evaluation under Section 29.004. If a parent does not give consent under Subsection (b) within 20 calendar days after the date the district provided to the parent the information required by that subsection, the parent's consent is considered denied. Last Amended: 78th Leg., ch. 1008, Sec. 2, eff. June 20, 2003 § 29.016. Evaluation Conducted Pursuant to a Special Education Due Process Hearing. A special education hearing officer in an impartial due process hearing brought under 20 U.S.C. Section 1415 may issue an order or decision that authorizes one or more evaluations of a student who is eligible for, or who is suspected as being eligible for, special education services. Such an order or decision authorizes the evaluation of the student without parental consent as if it were a court order for purposes of any state or federal law providing for consent by order of a court. Last Amended: 77th Leg., ch. 767, Sec. 8, eff. June 13, 2001 TEA Special Education A-Z Index December 2017 | D-2

Federal Regulations Commissioner the child for further provision of special education and related services. (c) Parental consent for reevaluations. (1) Subject to paragraph (c)(2) of this section, each public agency — (i) Must obtain informed parental consent, in accordance with §300.300(a)(1), prior to conducting any reevaluation of a child with a disability. (ii) If the parent refuses to consent to the reevaluation, the public agency may, but is not required to, pursue the reevaluation by using the consent override procedures described in paragraph (a)(3) of this section. (iii) The public agency does not violate its obligation under §300.111 and §§300.301 through 300.311 if it declines to pursue the evaluation or reevaluation. (2) The informed parental consent described in paragraph (c)(1) of this section need not be obtained if the public agency can demonstrate that— (i) It made reasonable efforts to obtain such consent; and (ii) The child’s parent has failed to respond. (d) Other consent requirements. (1) Parental consent is not required before— (i) Reviewing existing data as part of an evaluation or a reevaluation; or (ii) Administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children. (2) In addition to the parental consent requirements described in paragraphs (a), (b), and (c) of this section, a State may require parental consent for other services and activities under this part if it ensures that each public agency in the State establishes and implements effective procedures to ensure that a parent’s refusal to consent does not result in a failure to provide the child with FAPE. (3) A public agency may not use a parent's refusal to consent to one service or activity under paragraphs (a), (b), (c), or (d)(2) of this section to deny the parent or child any other service, benefit, or activity of the public agency, except as required by this part. (4) (i) If a parent of a child who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the public agency may not use the consent override procedures (described in paragraphs (a)(3) and (c)(1) of this section); and SUBPART D TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws TEA Special Education A-Z Index December 2017 | D-3

Federal Regulations Commissioner (ii) The public agency is not required to consider the child as eligible for services under §§300.132 through 300.144. (5) To meet the reasonable efforts requirement in paragraphs (a)(1)(iii), (a)(2)(i), (b)(2), and (c)(2)(i) of this section, the public agency must document its attempts to obtain parental consent using the procedures in §300.322(d). (Authority: 20 U.S.C. 1414(a)(1)(D) and 1414(c)) Last Amended: 73 FR 73027, Dec. 1, 2008 Evaluations and Reevaluations § 300.301 Initial evaluations. § 89.1011. Full and Individual Ini (a) General. Each public agency must conduct a full and individual ... initial evaluation, in accordance with §§300.304 through 300.306, before the initial provision of special education and (b) If a parent submits a written r related services to a child with a disability under this part. director of special education administrative employee for a (b) Request for initial evaluation. Consistent with the consent evaluation of a student, the s requirements in §300.300, either a parent of a child or a public the 15th school day after the agency may initiate a request for an initial evaluation to request: determine if the child is a child with a disability. (1) provide the parent with (c) Procedures for initial evaluation. The initial evaluation— to conduct an evaluatio Federal Regulations (C (1) (i) Must be conducted within 60 days of receiving procedural safeguards n parental consent for the evaluation; or §300.504; and an oppo the evaluation; or (ii) If the State establishes a timeframe within which the evaluation must be conducted, within that (2) provide the parent with timeframe; and conduct an evaluation c and a copy of the proce (2) Must consist of procedures— by 34 CFR, §300.504. (i) To determine if the child is a child with a disability (c) Except as otherwise provided under §300.8; and a full individual and initial eva completed as follows: (ii) To determine the educational needs of the child. (1) not later than the 45th s (d) Exception. The timeframe described in paragraph (c)(1) of this which the school district section does not apply to a public agency if— evaluation from the stud student has been absen (1) The parent of a child repeatedly fails or refuses to on three or more schoo produce the child for the evaluation; or extended by a number o number of school days (2) A child enrolls in a school of another public agency after student has been absen the relevant timeframe in paragraph (c)(1) of this section has begun, and prior to a determination by the child’s (2) for students under five y previous public agency as to whether the child is a child the school year and not with a disability under §300.8. students enrolled in a p later than the 45th scho (e) The exception in paragraph (d)(2) of this section applies only if the school district receiv the subsequent public agency is making sufficient progress to evaluation from the stud ensure a prompt completion of the evaluation, and the parent and subsequent public agency agree to a specific time when ... the evaluation will be completed. (e) Notwithstanding the timelines (Authority: 20 U.S.C. 1414(a)) section, if the school district r Last Amended: 72 FR 61307, Oct. 30, 2007 SUBPART D TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws itial Evaluation. [Excerpt] § 29.004. Full Individual and Initial Evaluation. [Excerpt] request to a school district's (a) A written report of a full individual and initial evaluation of a services or to a district student for purposes of special education services shall be a full individual and initial completed as follows, except as otherwise provided by this school district must, not later than section: date the district receives the (1) not later than the 45th school day following the date on prior written notice of its proposal which the school district, in accordance with 20 U.S.C. on consistent with 34 Code of Section 1414(a), as amended, receives written consent for CFR), §300.503; a copy of the the evaluation, signed by the student's parent or legal notice required by 34 CFR, guardian, except that if a student has been absent from ortunity to give written consent for school during that period on three or more days, that period must be extended by a number of school days prior written notice of its refusal to equal to the number of school days during that period on consistent with 34 CFR, §300.503, which the student has been absent; or edural safeguards notice required (2) for students under five years of age by September 1 of the d in this section, a written report of school year and not enrolled in public school and for aluation of a student must be students enrolled in a private or home school setting, not later than the 45th school day following the date on which school day following the date on the school district receives written consent for the t receives written consent for the evaluation, signed by a student's parent or legal guardian. dent's parent, except that if a nt from school during that period (a-1) If a school district receives written consent signed by a ol days, that period must be student's parent or legal guardian for a full individual and initial of school days equal to the evaluation of a student at least 35 but less than 45 school during that period on which the days before the last instructional day of the school year, the nt; or evaluation must be completed and the written report of the years of age by September 1 of evaluation must be provided to the parent or legal guardian not t enrolled in public school and for later than June 30 of that year. The student's admission, private or home school setting, not review, and dismissal committee shall meet not later than the ool day following the date on which 15th school day of the following school year to consider the ves written consent for the evaluation. If a district receives written consent signed by a dent's parent. student's parent or legal guardian less than 35 school days before the last instructional day of the school year or if the s in subsections (c) and (d) of this district receives the written consent at least 35 but less than 45 received the written consent for school days before the last instructional day of the school year but the student is absent from school during that period on three or more days, Subsection (a)(1) applies to the date the written report of the full individual and initial evaluation is required. (a-2) For purposes of this section, \"school day\" does not include a TEA Special Education A-Z Index December 2017 | D-4

Federal Regulations Commissioner the evaluation from the stude than 45 school days before th school year, the written repor evaluation of a student must parent not later than June 30 committee must meet not late following school year to cons the student was absent from between the time that the sch consent and the last instructio timeline in subsection (c)(1) o the written report of the full in required. If an initial evaluatio 30 indicates that the student services during that summer, as expeditiously as possible. (f) If a student was in the proces education eligibility by a scho school district before the prev full individual and initial evalu must coordinate with the prev and as expeditiously as poss completion of the evaluation §300.301(d)(2) and (e) and § subsections (c) and (e) of this situation if: (1) the new school district i ensure a prompt comple (2) the parent and the new time when the evaluatio (g) For purposes of subsections school day does not include a instructional day of the spring instructional day of the subse (h) For purposes of subsections student is considered absent is not in attendance at the sc time or at the alternate attend student. A student is conside off campus participating in an school board and is under the member of the school district has a minimum of a bachelor participation in the Teacher R Last Amended: January 1, 2015, 3 § 89.1050. The Admission, Revie Committee. [Excerpt] ... (j) A school district must comply who is newly enrolled in the s ... (2) When a student transfe SUBPART D TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws ent's parent at least 35 but less day that falls after the last instructional day of the spring he last instructional day of the school term and before the first instructional day of the rt of a full individual and initial subsequent fall school term. The commissioner by rule may be provided to the student's determine days during which year-round schools are recessed 0 of that year. The student's ARD that, consistent with this subsection, are not considered to be er than the 15th school day of the school days for purposes of this section. sider the evaluation. If, however, school three or more days (a-3) Subsection (a) does not impair any rights of an infant or hool district received written toddler with a disability who is receiving early intervention onal day of the school year, the services in accordance with 20 U.S.C. Section 1431. of this section applies to the date ndividual and initial evaluation is ... on completed not later than June will need extended school year Last Amended: 83rd Leg., R.S., Ch. 757 (S.B. 816), Sec. 1, eff. , the ARD committee must meet September 1, 2013 ss of being evaluated for special § 30.002. Education for Children with Visual Impairments. ool district and enrolls in another [Excerpt] vious school district completed the uation, the new school district ... vious school district as necessary sible to ensure a prompt (c) The comprehensive statewide plan for the education of in accordance with 34 CFR, children with visual impairments must: §300.304(c)(5). The timelines in s section do not apply in such a (1) adequately provide for comprehensive diagnosis and evaluation of each school-age child with a serious visual is making sufficient progress to impairment; etion of the evaluation; and (2) include the procedures, format, and content of the school district agree to a specific individualized education program for each child with a on will be completed. visual impairment; (b), (c), and (e) of this section, (3) emphasize providing educational services to children a day that falls after the last with visual impairments in their home communities g school term and before the first whenever possible; equent fall school term. (4) include methods to ensure that children with visual (c)(1) and (e) of this section, a impairments receiving special education services in t for the school day if the student school districts receive, before being placed in a chool's official attendance taking classroom setting or within a reasonable time after dance taking time set for that placement: ered in attendance if the student is n activity that is approved by the (A) evaluation of the impairment; and e direction of a professional staff t, or an adjunct staff member who (B) instruction in an expanded core curriculum, which is r's degree and is eligible for required for students with visual impairments to Retirement System of Texas. succeed in classroom settings and to derive lasting, practical benefits from the education provided by 39 TexReg 10446 school districts, including instruction in: ew, and Dismissal (ARD) (i) compensatory skills, such as braille and concept development, and other skills needed y with the following for a student to access the rest of the curriculum; school district. (ii) orientation and mobility; ers from a school district in another (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; TEA Special Education A-Z Index December 2017 | D-5

Federal Regulations Commissioner state in the same schoo the student was receivin the previous school dist verifies in writing or by t receiving special educa district must meet the re §300.323(f), regarding t services. If the new sch evaluation is necessary full individual and initial completed within the tim §89.1011(c) and (e) of t completing the requirem appropriate, is 30 calen completion of the evalu determines that an eval timeline for completing t CFR, §300.323(f)(2), is student is verified as be education services. ... Last Amended: March 22, 2017, 42 SUBPART D TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws ol year and the parents verify that (5) provide for flexibility on the part of school districts to meet ng special education services in the special needs of children with visual impairments trict or the previous school district through: telephone that the student was ation services, the new school (A) specialty staff and resources provided by the equirements of 34 CFR, district; the provision of special education hool district determines that an (B) contractual arrangements with other qualified public y, the evaluation is considered a or private agencies; evaluation and must be melines established by (C) supportive assistance from regional education this title. The timeline for service centers or adjacent school districts; ments in 34 CFR, §300.323(f)(2), if ndar days from the date of the (D) short-term or long-term services through the Texas uation report. If the school district School for the Blind and Visually Impaired or related luation is not necessary, the facilities or programs; or the requirements outlined in 34 30 school days from the date the (E) other instructional and service arrangements eing a student eligible for special approved by the agency; 2 TexReg 1247 (6) include a statewide admission, review, and dismissal process; (7) provide for effective interaction between the visually impaired child's classroom setting and the child's home environment, including providing for parental training and counseling either by school district staff or by representatives of other organizations directly involved in the development and implementation of the individualized education program for the child; (8) require the continuing education and professional development of school district staff providing special education services to children with visual impairments; (9) provide for adequate monitoring and precise evaluation of special education services provided to children with visual impairments through school districts; and (10) require that school districts providing special education services to children with visual impairments develop procedures for assuring that staff assigned to work with the children have prompt and effective access directly to resources available through: (A) cooperating agencies in the area; (B) the Texas School for the Blind and Visually Impaired; (C) the Central Media Depository for specialized instructional materials and aids made specifically for use by students with visual impairments; (D) sheltered workshops participating in the state program of purchases of blind-made goods and services; and (E) related sources. (c-1) To implement Subsection (c)(1) and to determine a child's eligibility for a school district's special education program on the basis of a visual impairment, the full individual and initial evaluation of the student required by Section 29.004 must, in accordance with commissioner rule: (1) include an orientation and mobility evaluation conducted: (A) by a person who is appropriately certified as an TEA Special Education A-Z Index December 2017 | D-6

Federal Regulations Commissioner § 300.302 Screening for instructional purposes is not evaluation. The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services. (Authority: 20 U.S.C. 1414(a)(1)(E)) Last Amended: 71 FR 46785, Aug. 14, 2006 § 300.303 Reevaluations. (a) General. A public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with §§300.304 through 300.311— (1) If the public agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or (2) If the child’s parent or teacher requests a reevaluation. (b) Limitation. A reevaluation conducted under paragraph (a) of this section— (1) May occur not more than once a year, unless the parent and the public agency agree otherwise; and (2) Must occur at least once every 3 years, unless the parent and the public agency agree that a reevaluation is unnecessary. (Authority: 20 U.S.C. 1414(a)(2)) Last Amended: 71 FR 46785, Aug. 14, 2006 § 300.304 Evaluation procedures. § 89.1230. Eligible Students with (a) Notice. The public agency must provide notice to the parents (a) School districts shall impleme of a child with a disability, in accordance with §300.503, that differentiate between languag describes any evaluation procedures the agency proposes to conditions in accordance with conduct. (relating to Commissioner's R Education Services) and sha (b) Conduct of evaluation. In conducting the evaluation, the public SUBPART D TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws orientation and mobility specialist, as determined under commissioner rule; and (B) in a variety of lighting conditions and in a variety of settings, including in the student’s home, school, and community and in settings unfamiliar to the student; and (2) provide for a person who is appropriately certified as an orientation and mobility specialist to participate, as part of a multidisciplinary team, in evaluating data on which the determination of the child’s eligibility is based. ... 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 h Disabilities. [Excerpt] § 29.004. Full Individual and Initial Evaluation. [Excerpt] ent assessment procedures that ... ge proficiency and handicapping h Subchapter AA of this chapter (b) The evaluation shall be conducted using procedures that are Rules Concerning Special appropriate for the student's most proficient method of all establish placement procedures communication. TEA Special Education A-Z Index December 2017 | D-7

Federal Regulations Commissioner agency must— that ensure that placement in (1) Use a variety of assessment tools and strategies to as a second language progra gather relevant functional, developmental, and academic the student has a disability. information about the child, including information ... provided by the parent, that may assist in determining— Last Amended: May 28, 2012, 37 T (i) Whether the child is a child with a disability under §300.8; and 22 TAC § 465.38. Psychological [Excerpt] (ii) The content of the child’s IEP, including information related to enabling the child to be involved in and progress in the general education curriculum (or for (a) This rule acknowledges the u school psychological services a preschool child, to participate in appropriate psychological services in the activities); recognizes the purview of the (2) Not use any single measure or assessment as the sole the Texas Education Agency criterion for determining whether a child is a child with a public school children in Texa disability and for determining an appropriate educational multidisciplinary team decisio program for the child; and supervision, regulatory provis (3) Use technically sound instruments that may assess the school psychological service relative contribution of cognitive and behavioral factors, Texas, among other factors, in addition to physical or developmental factors. public schools which reflect th (c) Other evaluation procedures. Each public agency must ensure from the private practice of ps that— (b) Scope of Practice. (1) Assessments and other evaluation materials used to (1) A Licensed Specialist in assess a child under this part— means a person who is and behavioral problem (i) Are selected and administered so as not to be with educational system discriminatory on a racial or cultural basis; concepts and methods attempt to improve the l (ii) Are provided and administered in the child’s native of students. Such activit language or other mode of communication and in addressing special educ the form most likely to yield accurate information on manifestation determina what the child knows and can do academically, development and imple developmentally, and functionally, unless it is educational programs, c clearly not feasible to so provide or administer; assessments, and desig behavioral interventions (iii) Are used for the purposes for which the assessments or measures are valid and reliable; (iv) Are administered by trained and knowledgeable (2) The assessment of emo personnel; and for educational purpose (v) Are administered in accordance with any and procedures is cons instructions provided by the producer of the ... assessments. Last Amended: April 20, 2016, 41 (2) Assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient. (3) Assessments are selected and administered so as best to ensure that if an assessment is administered to a child with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the child’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure). (4) The child is assessed in all areas related to the SUBPART D TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws n a bilingual education or English ... am is not refused solely because Last Amended: 83rd Leg., R.S., Ch. 757 (S.B. 816), Sec. 1, eff. September 1, 2013 TexReg 3822 § 29.310. Procedures and Materials for Assessment and Placement. Services in the Schools. (a) Procedures and materials for assessment and placement of unique difference in the delivery of students who are deaf or hard of hearing shall be selected and s in the public schools from administered so as not to be racially, culturally, or sexually private sector. The Board discriminatory. e State Board of Education and y in safeguarding the rights of (b) A single assessment instrument may not be the sole criterion as. The mandated for determining the placement of a student. on making, hierarchy of sions, and past traditions of (c) The procedures and materials for the assessment and delivery both nationally and in placement of a student who is deaf or hard of hearing shall be allow for rules of practice in the in the student's preferred mode of communication. All other hese occupational distinctions procedures and materials used with any student who is deaf or sychology. hard of hearing and who has limited English proficiency shall be in the student's preferred mode of communication. Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995 n School Psychology (LSSP) § 30.002. Education for Children with Visual Impairments. trained to address psychological [Excerpt] ms manifested in and associated ... ms by utilizing psychological (c) The comprehensive statewide plan for the education of in programs or actions which children with visual impairments must: learning, adjustment and behavior ties include, but are not limited to, (1) adequately provide for comprehensive diagnosis and cation eligibility, conducting evaluation of each school-age child with a serious visual ations, and assisting with the impairment; ementation of individual conducting behavioral ... gning and implementing s and supports. (4) include methods to ensure that children with visual impairments receiving special education services in otional or behavioral disturbance school districts receive, before being placed in a es, using psychological techniques classroom setting or within a reasonable time after sidered the practice of psychology. placement: TexReg 2770 (A) evaluation of the impairment; and ... (f) In the development of the individualized education program for a functionally blind student, proficiency in braille reading and writing is presumed to be essential for the student's satisfactory educational progress. Each functionally blind student is entitled to braille reading and writing instruction that is sufficient to enable the student to communicate with the same level of proficiency as other students of comparable ability who are at the same grade level. Braille instruction may be used in combination with other special education services appropriate to the student's educational needs. The assessment of each functionally blind student for the purpose of developing the student's individualized education program must include documentation of the student's strengths and weaknesses in braille skills. Each person assisting in the development of a functionally blind student's individualized education program shall receive information describing the TEA Special Education A-Z Index December 2017 | D-8

Federal Regulations Commissioner suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities; (5) Assessments of children with disabilities who transfer from one public agency to another public agency in the same school year are coordinated with those children’s prior and subsequent schools, as necessary and as expeditiously as possible, consistent with §300.301(d)(2) and (e), to ensure prompt completion of full evaluations. (6) In evaluating each child with a disability under §§300.304 through 300.306, the evaluation is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified. (7) Assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided. (Authority: 20 U.S.C. 1414(b)(1)-(3), 1412(a)(6)(B)) Last Amended: 71 FR 46785, Aug. 14, 2006 § 300.305 Additional requirements for evaluations and § 89.1040. Eligibility Criteria. [Ex reevaluations. ... (a) Review of existing evaluation data. As part of an initial (c) Eligibility definitions. evaluation (if appropriate) and as part of any reevaluation ... under this part, the IEP Team and other qualified (12) Visual impairment. professionals, as appropriate, must— ... (E) Beginning with the (1) Review existing evaluation data on the child, including— (i) Evaluations and information provided by the SUBPART D TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws benefits of braille instruction. Each functionally blind student's individualized education program must specify the appropriate learning medium based on the assessment report and ensure that instruction in braille will be provided by a teacher certified to teach students with visual impairments. For purposes of this subsection, the agency shall determine the criteria for a student to be classified as functionally blind. ... 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 § 30.083. Statewide Plan. [Excerpt] (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: ... (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. ... Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995 Texas Occupations Code § 501.503. Criminal Penalty. (a) A person commits an offense if the person engages in the practice of psychology or represents that the person is a psychologist in violation of this chapter. (b) An offense under this section is a Class A misdemeanor. (c) Each day a violation occurs is a separate offense. Last Amended: 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999 xcerpt] § 30.002. Education for Children with Visual Impairments. e 2014-2015 school year, the [Excerpt] ... (c-2) The scope of any reevaluation by a school district of a student who has been determined, after the full individual and initial evaluation, to be eligible for the district's special education program on the basis of a visual impairment shall be determined, in accordance with 34 C.F.R. Sections 300.122 and 300.303 through 300.311, by a multidisciplinary team that TEA Special Education A-Z Index December 2017 | D-9

Federal Regulations Commissioner parents of the child; scope of any reev been determined, (ii) Current classroom-based, local, or State evaluation, to be e assessments, and classroom-based observations; education program and impairment must b 34 CFR, §§300.12 (iii) Observations by teachers and related multidisciplinary te services providers; and certified orientatio (2) On the basis of that review, and input from the child’s ... parents, identify what additional data, if any, are needed to determine— Last Amended: December 2, 2015 (i) (A) Whether the child is a child with a disability, § 89.1070. Graduation Requirem as defined in §300.8, and the educational needs of the child; or (B) In case of a reevaluation of a child, whether ... the child continues to have such a disability, (h) All students graduating under and the educational needs of the child; with a summary of academic (ii) The present levels of academic achievement and performance as described in related developmental needs of the child; (CFR), §300.305(e)(3). This s (iii) (A) Whether the child needs special education appropriate, the views of the and related services; or recommendations from adult assist the student in meeting (B) In the case of a reevaluation of a child, evaluation as require d by 34 whether the child continues to need special included as part of the summ education and related services; and under subsections (b)(2)(A), (iv) Whether any additions or modifications to the of this section. special education and related services are needed (i) Students who participate in g to enable the child to meet the measurable annual are not graduating under sub goals set out in the IEP of the child and to (g)(4)(A), (B), or (C) of this se participate, as appropriate, in the general education school to complete their educ curriculum. in accordance with subsectio (b) Conduct of review. The group described in paragraph (a) of ... this section may conduct its review without a meeting. Last Amended: September 16, 201 (c) Source of data. The public agency must administer such assessments and other evaluation measures as may be needed to produce the data identified under paragraph (a) of this section. (d) Requirements if additional data are not needed. (1) If the IEP Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability, and to determine the child’s educational needs, the public agency must notify the child’s parents of— (i) That determination and the reasons for the determination; and (ii) The right of the parents to request an assessment to determine whether the child continues to be a child with a disability, and to determine the child’s educational needs. (2) The public agency is not required to conduct the assessment described in paragraph (d)(1)(ii) of this section unless requested to do so by the child’s parents. (e) Evaluations before change in eligibility. SUBPART D TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws aluation of a student who has includes, as provided by commissioner rule, a person after the full individual and initial described by Subsection (c-1)(1)(A). eligible for the district's special m on the basis of a visual ... be determined, in accordance with 22 and 300.303-300.311, by a Last Amended: eam that includes an appropriately 83rd Leg., R.S., Ch. 505 (S.B. 39), Sec. 1, eff. June 14, 2013 on and mobility specialist. 83rd Leg., R.S., Ch. 637 (H.B. 590), Sec. 1, eff. September 1, 2013 5, 40 TexReg 8642 § 38.003. Screening and Treatment for Dyslexia and Related Disorders. [Excerpt] ments. [Excerpt] ... r this section must be provided achievement and functional (b-1) Unless otherwise provided by law, a student determined to 34 Code of Federal Regulations have dyslexia during testing under Subsection (a) or summary must consider, as accommodated because of dyslexia may not be retested for parent and student and written dyslexia for the purpose of reassessing the student's need for service agencies on how to accommodations until the district reevaluates the information postsecondary goals. An obtained from previous testing of the student. 4 CFR, §300.305(e)(1), must be mary for a student graduating ... (B), or (C) or (g)(4)(A), (B), or (C) Last Amended: 82nd Leg., R.S., Ch. 635 (S.B. 866), Sec. 3, eff. June 17, 2011 graduation ceremonies but who bsections (b)(2)(A), (B), or (C) or ection and who will remain in cation do not have to be evaluated on (h) of this section. 15, 40 TexReg 6107 TEA Special Education A-Z Index December 2017 | D-10

Federal Regulations Commissioner (1) Except as provided in paragraph (e)(2) of this section, a public agency must evaluate a child with a disability in accordance with §§300.304 through 300.311 before determining that the child is no longer a child with a disability. (2) The evaluation described in paragraph (e)(1) of this section is not required before the termination of a child’s eligibility under this part due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE under State law. (3) For a child whose eligibility terminates under circumstances described in paragraph (e)(2) of this section, a public agency must provide the child with a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals. (Authority: 20 U.S.C. 1414(c)) Last Amended: 72 FR 61307, Oct. 30, 2007 § 300.306 Determination of eligibility. § 89.1040. Eligibility Criteria. [Ex (a) General. Upon completion of the administration of ... assessments and other evaluation measures— (b) Eligibility determination. The (1) A group of qualified professionals and the parent of the student is eligible for special child determines whether the child is a child with a made by the student's admis disability, as defined in §300.8, in accordance with committee. Any evaluation or paragraph (c) of this section and the educational needs be conducted in accordance of the child; and and 300.122. The multidiscip reviews evaluation data in co (2) The public agency provides a copy of the evaluation a student's eligibility must inc report and the documentation of determination of following: eligibility at no cost to the parent. (1) a licensed specialist in s (b) Special rule for eligibility determination. A child must not be educational diagnosticia determined to be a child with a disability under this part— or licensed practitioner the area of the disability (1) If the determinant factor for that determination is— (2) a licensed or certified pr (i) Lack of appropriate instruction in reading, including category defined in sub the essential components of reading instruction (as defined in section 1208(3) of the ESEA as such ... section was in effect on the day before the date of enactment of the Every Student Succeeds Act Last Amended: December 2, 2015 (December 9, 2015)); 22 TAC § 465.38. Psychological (ii) Lack of appropriate instruction in math; or [Excerpt] (iii) Limited English proficiency; and (a) This rule acknowledges the u school psychological services (2) If the child does not otherwise meet the eligibility criteria psychological services in the under §300.8(a). recognizes the purview of the the Texas Education Agency (c) Procedures for determining eligibility and educational need. public school children in Texa multidisciplinary team decisio (1) In interpreting evaluation data for the purpose of supervision, regulatory provis determining if a child is a child with a disability under school psychological service §300.8, and the educational needs of the child, each Texas, among other factors, public agency must— (i) Draw upon information from a variety of sources, including aptitude and achievement tests, parent SUBPART D TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws xcerpt] § 29.003. Eligibility Criteria. determination of whether a (a) The agency shall develop specific eligibility criteria based on education and related services is the general classifications established by this section with ssion, review, and dismissal reference to contemporary diagnostic or evaluative r re-evaluation of a student must terminologies and techniques. Eligible students with disabilities with 34 CFR, §§300.301-300.306 shall enjoy the right to a free appropriate public education, plinary team that collects or which may include instruction in the regular classroom, onnection with the determination of instruction through special teaching, or instruction through clude, but is not limited to, the contracts approved under this subchapter. Instruction shall be supplemented by the provision of related services when school psychology (LSSP), an appropriate. an, or other appropriately certified with experience and training in ... y; or rofessional for a specific eligibility Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995 bsection (c) of this section. § 30.002. Education for Children with Visual Impairments. 5, 40 TexReg 8642 [Excerpt] Services in the Schools. ... unique difference in the delivery of (c-1) To implement Subsection (c)(1) and to determine a child's s in the public schools from eligibility for a school district's special education program on private sector. The Board the basis of a visual impairment, the full individual and initial e State Board of Education and evaluation of the student required by Section 29.004 must, in y in safeguarding the rights of accordance with commissioner rule: as. The mandated on making, hierarchy of ... sions, and past traditions of delivery both nationally and in (2) provide for a person who is appropriately certified as an allow for rules of practice in the orientation and mobility specialist to participate, as part of a multidisciplinary team, in evaluating data on which the determination of the child's eligibility is based. ... 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 TEA Special Education A-Z Index December 2017 | D-11

Federal Regulations Commissioner input, and teacher recommendations, as well as public schools which reflect th information about the child’s physical condition, from the private practice of ps social or cultural background, and adaptive behavior; and (b) Scope of Practice. (ii) Ensure that information obtained from all of these (1) A Licensed Specialist in sources is documented and carefully considered. means a person who is and behavioral problem (2) If a determination is made that a child has a disability and with educational system needs special education and related services, an IEP concepts and methods must be developed for the child in accordance with attempt to improve the l §§300.320 through 300.324. of students. Such activit addressing special educ (Authority: 20 U.S.C. 1414(b)(4) and (5)) manifestation determina development and imple Last Amended: 82 FR 29761, June 30, 2017 educational programs, c assessments, and desig behavioral interventions (2) The assessment of emo for educational purpose and procedures is cons ... Last Amended: April 20, 2016, 41 Additional Procedures for Identifying Children With Specific Learning Disabilities § 300.307 Specific learning disabilities. (a) General. A State must adopt, consistent with §300.309, criteria for determining whether a child has a specific learning disability as defined in §300.8(c)(10). In addition, the criteria adopted by the State— (1) Must not require the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability, as defined in §300.8(c)(10); (2) Must permit the use of a process based on the child’s response to scientific, research-based intervention; and (3) May permit the use of other alternative research-based procedures for determining whether a child has a specific learning disability, as defined in §300.8(c)(10). (b) Consistency with State criteria. A public agency must use the State criteria adopted pursuant to paragraph (a) of this section in determining whether a child has a specific learning disability. (Authority: 20 U.S.C. 1221e–3; 1401(30); 1414(b)(6)) Last Amended: 71 FR 46786, Aug. 14, 2006 § 300.308 Additional group members. The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in §300.8, must be made by the child’s parents and a team of SUBPART D TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws hese occupational distinctions Texas Occupations Code sychology. n School Psychology (LSSP) § 501.503. Criminal Penalty. trained to address psychological (a) A person commits an offense if the person engages in the ms manifested in and associated practice of psychology or represents that the person is a ms by utilizing psychological psychologist in violation of this chapter. in programs or actions which (b) An offense under this section is a Class A misdemeanor. learning, adjustment and behavior (c) Each day a violation occurs is a separate offense. ties include, but are not limited to, Last Amended: 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999 cation eligibility, conducting ations, and assisting with the ementation of individual conducting behavioral gning and implementing s and supports. otional or behavioral disturbance, es, using psychological techniques sidered the practice of psychology. TexReg 2770 . TEA Special Education A-Z Index December 2017 | D-12

Federal Regulations Commissioner qualified professionals, which must include— (a) (1) The child’s regular teacher; or (2) If the child does not have a regular teacher, a regular classroom teacher qualified to teach a child of his or her age; or (3) For a child of less than school age, an individual qualified by the SEA to teach a child of his or her age; and (b) At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher. (Authority: 20 U.S.C. 1221e–3; 1401(30); 1414(b)(6)) Last Amended: 71 FR 46786, Aug. 14, 2006 § 300.309 Determining the existence of a specific learning § 89.1040. Eligibility Criteria. [Ex disability. ... (a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), (c) Eligibility definitions. if— ... (1) The child does not achieve adequately for the child’s age or to meet State-approved grade-level standards in one (9) Learning disability. or more of the following areas, when provided with learning experiences and instruction appropriate for the (A) Prior to and as pa child’s age or State-approved grade-level standards: subparagraph (B) §§300.307-300.31 (i) Oral expression. underachievemen a specific learning (ii) Listening comprehension. appropriate instruc the following must (iii) Written expression. (i) data that dem (iv) provided app (v) Basic reading skill. described in (vi) §6368(3)), an (vii) Reading fluency skills. education se (viii) personnel; a (2) Reading comprehension. (ii) data-based d (i) Mathematics calculation. assessments intervals, refl (ii) Mathematics problem solving. student prog based docum The child does not make sufficient progress to meet assessments age or State-approved grade-level standards in one response to or more of the areas identified in paragraph (a)(1) of results, in-cla this section when using a process based on the curriculum, o child’s response to scientific, research-based assessments intervention; or reasonable if requirements The child exhibits a pattern of strengths and instructional weaknesses in performance, achievement, or both, relative to age, State-approved grade-level (B) A student with a le standards, or intellectual development, that is determined by the group to be relevant to the (i) has been de identification of a specific learning disability, using assessment appropriate assessments, consistent with criteria for a §§300.304 and 300.305; and stated in 34 C accordance w §§300.307-3 SUBPART D TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws xcerpt] December 2017 | D-13 art of the evaluation described in of this paragraph and 34 CFR, 11, and in order to ensure that nt in a student suspected of having g disability is not due to lack of ction in reading or mathematics, t be considered: monstrates the student was propriate instruction in reading (as 20 United States Code (USC), nd/or mathematics within general ettings delivered by qualified and documentation of repeated s of achievement at reasonable lecting formal evaluation of gress during instruction. Data- mentation of repeated s may include, but is not limited to, intervention progress monitoring ass tests on grade-level or other regularly administered s. Intervals are considered f consistent with the assessment s of a student's specific program. earning disability is one who: etermined through a variety of tools and strategies to meet the specific learning disability as CFR, §300.8(c)(10), in with the provisions in 34 CFR, 300.311; and TEA Special Education A-Z Index

Federal Regulations Commissioner (3) The group determines that its findings under paragraphs (ii) does not ach (a)(1) and (2) of this section are not primarily the result age or meet of— standards in comprehens (i) A visual, hearing, or motor disability; reading skill, comprehens (ii) An intellectual disability; mathematics appropriate i (iii) Emotional disturbance; performance class tests; g (iv) Cultural factors; weeks, seme referenced te (v) Environmental or economic disadvantage; or process base scientific, res (vi) Limited English proficiency. (I) does no (b) To ensure that underachievement in a child suspected of provide having a specific learning disability is not due to lack of student appropriate instruction in reading or math, the group must researc consider, as part of the evaluation described in §§300.304 in 20 U through 300.306— the stud perform (1) Data that demonstrate that prior to, or as a part of, the repeate referral process, the child was provided appropriate assess instruction in regular education settings, delivered by reasona qualified personnel; and progres (2) Data-based documentation of repeated assessments of (II) exhibits achievement at reasonable intervals, reflecting formal weakne assessment of student progress during instruction, which achieve was provided to the child’s parents. grade-l ability, (c) The public agency must promptly request parental consent to varianc evaluate the child to determine if the child needs special cognitiv education and related services, and must adhere to the memor timeframes described in §§300.301 and 300.303, unless betwee extended by mutual written agreement of the child’s parents function and a group of qualified professionals, as described in §300.306(a)(1)— ... (1) If, prior to a referral, a child has not made adequate Last Amended: December 2, 2015 progress after an appropriate period of time when provided instruction, as described in paragraphs (b)(1) and (b)(2) of this section; and (2) Whenever a child is referred for an evaluation. Last Amended: 82 FR 31912, July 11, 2017 § 300.310 Observation. (a) The public agency must ensure that the child is observed in the child’s learning environment (including the regular classroom setting) to document the child’s academic performance and behavior in the areas of difficulty. (b) The group described in §300.306(a)(1), in determining whether a child has a specific learning disability, must decide to— (1) Use information from an observation in routine classroom instruction and monitoring of the child’s performance that was done before the child was referred for an evaluation; or (2) Have at least one member of the group described in §300.306(a)(1) conduct an observation of the child’s academic performance in the regular classroom after the SUBPART D TEA | Division of Federal and State Education Policy