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062904 |
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SPECIAL EDUCATION
STUDENTS: |
EHBAC |
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STUDENTS IN
NONDISTRICT PLACEMENT |
(LEGAL) |
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CHILDREN IN CHILD FIND |
The District shall
ensure that all children residing in the District, |
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SERVICES |
No private-school child with a
disability has an individual right to receive some or all of the special
education and related services that the child would receive if enrolled in a
public school. The District shall consult in a timely
and meaningful way with appropriate representatives of private-school
children with disabilities to decide which children will receive services,
what services will be provided, how and where the services will be provided,
and how the services provided will be evaluated. If a child with a disability
is enrolled in a private school and will receive special education or related
services from the District, the District shall initiate and conduct ARD
committee meetings to develop, review, and revise a services plan for the
child and ensure that a representative of the private school attends that
meeting. The District shall make the final
decisions with respect to eligible private-school children. 20 U.S.C. 1412(a), 1413(a); 34 CFR
300.454 |
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PRIVATE SCHOOL PERSONNEL |
The District shall give appropriate
representatives of private-school children with disabilities a genuine
opportunity to express their views regarding educational needs of
private-school children with disabilities. However, the services provided to
private-school children with disabilities must be provided by personnel
meeting the same standards as personnel providing services in the public
schools. 20 U.S.C. 1412(a), 1413(a), 34 CFR 300.454(b), 300.455(a) |
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UNILATERALLY ENROLLED
STUDENTS |
When a student with disabilities who
has been placed by his or her parents directly in a private school or
facility is referred to the District, the District shall convene an ARD
committee meeting to determine whether the District can offer to the student
a free appropriate public education. If the District determines that it can,
the District is not responsible for providing educational services to that
student until the parents enroll the child in the public school full-time or
request services under the dual enrollment rule. The District is not required
to pay for the cost of education, including special education and related
services, of a child with a disability at a private school or facility if the
District made a free appropriate public education available to the child and
the parents elected to place the child in the private school or facility. |
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EXTENT OF SERVICES |
Amounts expended to provide special
education services to private-school students shall be equal to a
proportionate amount of federal funds made available for eligible special
education students educated within the District. For children ages 3 through
21, this shall be an amount that is the same proportion of the District's
federal special education funding as the number of private-school children
with disabilities residing in the District is to the total number of children
with disabilities in the District. 20 U.S.C. 1412(a)(10), 1413(a); 34
CFR 300.403, 300.453; 19 TAC 89.1096 |
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DUAL ENROLLMENT |
1. The student's ARD committee shall develop an
individualized education program (IEP) designed to provide the student
with a free appropriate public education (FAPE) in the least
restrictive environment appropriate for the student. 2. From the IEP, the parent and the District shall
determine which special education and/or related services will be provided to
the student and the location where those services will be provided, based on
the requirements concerning placement in the least restrictive environment
set forth in 34 CFR 300.550-300.553 and the policies and procedures of the
District. 3. For students served under the provisions
of dual enrollment, the District shall be responsible for the employment and
supervision of the personnel providing the service, providing the needed
instructional materials, and maintaining pupil accounting records. Materials
and services provided shall be consistent with those provided for students
enrolled only in the public school and shall remain the property of the
District. 19 TAO 89.1096(d) Children with
disabilities who are enrolled by their parents in private elementary and
secondary schools shall be provided special education and related services in
accordance with a services plan that describes the specific special education
and related services that the District will provide. Such services may be
provided on the premises of private, including parochial, schools to the
extent consistent with law. 34 CFR 300.455(b), 300.456(a) |
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TRANSPORTATION |
The District shall
provide special transportation with federal funds only when the ARD committee
determines that the condition of the student warrants the service in order
for the student to receive the special education and related services (if
any) set forth in the IEP. |
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COMPLAINTS |
Complaints regarding
the implementation of the components of the student's IEP that have been
selected by the parent and the District under the dual enrollment provisions
may be filed with TEA under the procedures in 34 CFR 300.660-300.662. The
procedures relating to due process hearings do not apply to complaints
regarding the implementation of the components of the student's IEP that have
been selected by the parent and the District. 19 TAC 89.1096(f) |
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DISTRICT-PLACED STUDENTS |
If the District places
children with disabilities in a private school or facility in accordance with
an IEP, those children shall be provided special education and related
services at no cost to their parents. |
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The District shall serve children with
disabilities attending District charter schools in the same manner as it
serves children with disabilities in its other schools and shall provide
federal special education funds to those schools in the. same
manner as it provides those funds to its other schools. 20 U.S.C.
1413(a)(5), 34 CFR 300.312 |
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RESIDENTIAL FACILITIES |
A District having a residential
facility that is licensed by appropriate state agencies and located within
the District's boundaries must provide special education and related services
to eligible students residing in the facility. If, after contacting the
facility to offer services to eligible students with disabilities, the
District determines that educational services are provided through a charter
school, approved non-public school, or a facility operated private school,
the District is not required to provide services. However, the District shall
annually contact the facility to offer services to eligible students with
disabilities. 19 TAC 89.1001(c), 89.1115 |
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CONTRACTS FOR
RESIDENTIAL PLACEMENTS |
The District may
contract with a public or private facility, institution, or agency inside or
outside of |
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NOTICE TO TEA |
The District shall notify TEA when it
intends to contract for residential placement. Costs of approved contracts for
residential placement may be paid from a combination of federal, state, and
local funds, according to Education Code 29.008(b). |
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RESPONSIBILITY |
If the District contracts for
education services, rather than providing the services itself, it shall
oversee the implementation of the student's IEP and shall annually reevaluate
the appropriateness of the arrangement. An approved facility, institution, or
agency with whom the District contracts shall periodically report to the
District on the services the student has received or will receive, as well as
diagnostic or other evaluative information the District requires in order to
fulfill its obligations. The District shall have the following
responsibilities when making a residential placement: 1. Before placing a student with a disability in a
residential facility, initiate and conduct a meeting to develop an IEP for
the student in accordance with state and federal law. 2. List in each student's IEP the services the
District is unable to provide and the facility is able to provide. 3. Make an annual on-site visit to verify that the
facility can and will offer the services listed in the individual student's
IEP and to ensure that the facility offers the student an appropriate
educational program. The placement of more than one student may be considered
in the same site-visit; however, the IEP of each student must be reviewed and
a determination of appropriateness of placement and service must be made for
each student. 4. Document in each student's IEP the
appropriateness of the facility. General approval by TEA or a general
screening by a regional education service center (RESC) is not sufficient. 5. For each student, the ARD committee shall
establish written criteria and estimated time frames for returning the
student to the District. 6. For all contract students, the District shall
verify in the annual ARD review that: a. The facility continues to meet minimum
standards for health and safety. b. Continued contracting is needed and the need is
documented in the IEP. c. The facility continues to offer an appropriate
program for the student. |
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OUT-OF-STATE
PLACEMENTS |
If the District
contracts for out-of-state residential placements, it shall do so in
accordance with the rules for in-state residential placement, except that the
facility shall be approved by the appropriate agency in the state in which
the facility is located rather than by the Texas Commissioner of Education. |
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IN-STATE TRANSFERS |
When a student on a residential
contract in one district moves to another district in Education Code 29.008; 19 TAC 89.61 |
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SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED AND SCHOOL FOR THE DEAF |
For each of its students enrolled in
the 1. The availability of programs offered. 2. The eligibility and admissions requirements. 3. Student's rights to admission and to appeal
admission decisions. Education Code 30.003, 30.004; 19
TAC 89.62 The District may
request services through the Texas School for the Blind and Visually Impaired
or the Texas School for the Deaf in accordance with 19 TAC 89.1085. 19 TAC
89.1085 |
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STUDENTS IN CONTRACT
PLACEMENTS |
For each student, the
ARD committee shall establish written criteria and estimated time lines for
returning contracted students to the District. 19 TAC 89.61 |
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CHILDREN WITH
DISABILITIES IN ADULT PRISONS |
The following requirements do not
apply to children with disabilities who are convicted as adults under state
law and incarcerated in adult prisons: 1. Federal requirements pertaining to
participation of students with disabilities in general assessments; 2. Requirements concerning transition planning and
transition services, if the children's eligibility will end, because of their
age, before they will be released from prison. If a child with a disability is
convicted as an adult under state law and incarcerated in an adult prison,
the child's ARD committee may modify the child's IEP or placement and need
not consider the least restrictive environment requirements if the state has
demonstrated a bona fide security or compelling penological
interest that cannot otherwise be accommodated. 20 U.S.C. 1414(d)(6), 34 CFR
300.311 |
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DATE
ISSUED: |
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UPDATE
66 |
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EHBAC
(LEGAL)—P |
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