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062904 |
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SPECIAL PROGRAMS: |
EHBA |
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SPECIAL EDUCATION
STUDENTS |
(LEGAL) |
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NONDISCRIMINATION |
No qualified student with a disability
shall, on the basis of disability, be excluded from participation in, be
denied the benefits of, or otherwise be subjected to discrimination under any
District service, program, or activity. 42 U.S.C. 12132; 29 U.S.C. 794; 34
CFR 104.4(a) [See also FB] |
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PROVISION OF SPECIAL
EDUCATION |
Eligible students with disabilities
shall enjoy the right to a free appropriate public education, which may
include instruction in the regular classroom, instruction through special
teaching, or instruction through approved contracts. Instruction shall be
supplemented by the provision of related services when appropriate. Education
Code 29.003(a) |
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LEAST RESTRICTIVE
ENVIRONMENT |
The District shall ensure that to the
maximum extent appropriate, children with disabilities, including children in
public or private institutions or other care facilities, shall be educated
with children who are nondisabled. Special classes,
separate schooling, or other removal of children with disabilities from the
regular educational environment shall occur only when the nature or severity
of the disability is such that education in regular classes with the use of
supplementary aids and services cannot be achieved satisfactorily. 20 U.
S. C. 1412(5), 1413(a), 34 CFR 300.550 |
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DEFINITIONS |
"Assistive technology
device" means any item, piece of equipment, or product system, whether
acquired commercially off the shelf, modified, or customized, that is used to
increase, maintain, or improve the functional capabilities of a student with
a disability. 20 U.S.C. 1401(1); 34 CFR 300.5 "Assistive technology
service" means any service that directly assists a student with a
disability in the selection, acquisition, or use of an assistive technology
device, as defined above. 20 U.S.C. 1401(2); 34 CFR 300.6 "Extended school year (ESY) services"
are special education and related services that are provided to a child with
a disability beyond the District's normal school year, in accordance with the
child's individualized education program, and at no cost to the parents. The
services shall meet TEA standards. 34 CFR 300.309(b); 19 TAC 89.1065 "Free appropriate public
education" means special education and related services that have been
provided at public expense, under public supervision and direction, and
without charge and that must meet standards set out by TEA and include an
appropriate pre-school, elementary, or secondary school education, and be
provided in conformity with the student's individualized education program
(IEP). 20 U.S.C. 1401(8) 34 CFR 300.13, 300.121(d) [See EHBAB] Four factors indicate whether an
individualized education program is reasonably calculated to provide a
meaningful educational benefit: 1. It is individualized on the basis of the
student's assessment and performance; 2. It is administered in the least restrictive environment; 3. The services are provided in a coordinated and
collaborative manner by the key "stakeholders"; and 4. Positive academic and nonacademic benefits are
demonstrated. Cypress–Fairbanks Indep. Sch. Dist. v. Michael F., 118 F.3d 245 (5th Cir. 1997) "Related services" means
transportation, and such developmental, corrective, and other supportive
services (including speech-language pathology and audiology
services, psychological services, physical and occupational therapy,
recreation, including therapeutic recreation, social work services,
counseling services, including rehabilitation counseling, orientation and
mobility services, and medical services, except that such medical services
shall be for diagnostic and evaluation purposes only) as may be required to
assist a child with a disability to benefit from special education. The term
also Includes school health services, social work services in schools, and
parent counseling and training. It includes the early identification and
assessment of disabling conditions in children. In addition to the specific
related services defined in federal regulations, related services include
interpreting services for students who are deaf. Interpreting services
include interpreting/transliterating receptively and expressively for persons
who are deaf or hard of hearing. 20 U.S.C. 1401(22); 34 CFR 300.24; 19TAC
89.1060 "Special education" means
specially designed instruction, at no cost to parents, to meet the unique
needs of a child with a disability, including instruction conducted in the
classroom, in the home, in hospitals and institutions, and in other settings,
and instruction in physical education. 20 U.S.C. 1401(25); 34 CFR 300.26 'Transition services" means a
coordinated set of activities for a student, designed within an
outcome-oriented process, that promotes movement from school to post-school
activities, including postsecondary education, vocational training,
integrated employment, including supported employment, continuing and adult
education, adult services, independent living, or community participation.
These activities must be based on the individual student's needs, taking into
account the student's preferences and interests. They must also include
instruction, related services, community experiences, development of
employment and other post-school adult living objectives, and when
appropriate, acquisition of daily living skills and functional vocational
evaluation. 20 U.S.C. 1401(30); 34 CFR 300.29 |
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DISCIPLINE |
All disciplinary actions regarding
students with disabilities shall be in accordance with federal requirements,
Education Code Chapter 37, and 19 TAC 89.1053. 19 TAC 89.1050(8) [See FOE] |
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ELIGIBILITY FOLDER |
The District shall maintain an
eligibility folder for each student in special education in addition to the
student's cumulative record. The folder shall include, but need not be
limited to, copies of referral data, documentation of notices and consents,
evaluation reports and supporting data, ARD committee reports, and the
student's IEP. 19 TAC 89.1075(a) |
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PERSONNEL ASSIGNED TO
VISUALLY IMPAIRED |
If the District provides special
education services to students with visual impairments, it shall have written
procedures as required in Education Code 30.002(c)(10).
19 TAC 89.1075(b) |
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SHARED SERVICES
ARRANGEMENTS |
The District may enter into a written
contract to jointly operate its special education program. The contract must
be approved by the Commissioner. Education Code 29.007 |
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TRANSFER OF ASSISTIVE TECHNOLOGY DEVICES |
TEA shall develop and annually
disseminate standards for the District's transfer of an assistive technology
device when a student with a disability using the device changes the school
of attendance in the District or ceases to attend school in the district that
purchased the device, and the student's parents, or the student if the
student has the legal capacity to enter into a contract, agrees to the
transfer. The device may be transferred to: 1. The school or District in which the student
enrolls; 2. A state agency; or 3. The student's parents, or the student, if the
student has the legal capacity to enter into a contract. A transfer of an assistive technology
device (ATD) shall be in accordance with a transfer agreement which incorporates
the standards described in Education Code 30.0015(c), and which includes,
specifically, the following: 1. The transferor and transferee must represent
and agree that the terms of the transfer are based on the fair market value
of the ATD, determined in accordance with generally accepted accounting
principles. 2. The informed consent
of the parent of the student with a disability for whom the ATD is being
transferred must be obtained before the transfer of an ATD. The procedures
employed by the District in obtaining such informed consent shall be
consistent with the procedures employed by the District to obtain parental
consent under 34 CFR 300.505. If the student has the legal capacity to enter
into a contract, the informed consent may be obtained from the student.
Consistent with 34 CFR 300.505(c), informed parental
or adult student consent need not be obtained if the District can demonstrate
that it has taken reasonable measures to obtain that consent, and the
student's parent or the adult student has failed to respond. To meet the
reasonable measures requirement, the District must use procedures consistent
with those described in 34 CFR 300.345(d). 3. If the transfer is a sale, then the sale of the
ATD shall be evidenced by a "Uniform Transfer Agreement" (UTA)
which includes the following: a. The names of the transferor and the transferee
(which may be any individual or entity identified in Education Code
30.0015[b]), b. The date of the transfer; c. A description of the ATD being transferred; d. The terms of the transfer (including the
transfer of warranties, to the extent applicable); and e. The signatures of authorized representatives of
both the transferor and the transferee. 4. TEA shall annually disseminate to school
districts the standards for the District's transfer of an ATD. Education Code 30.0015; 19 TAC
89.1056 |
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DATE
ISSUED: |
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UPDATE
69 |
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EHBA
(LEGAL)—P |
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