Section 89.1075 - General Program Requirements and Local District Procedures(a) Each school district must maintain an eligibility folder for each student receiving special education and related services, in addition to the student's cumulative record. The eligibility folder must include, but will not be limited to, copies of referral data; documentation of notices and consents; evaluation reports and supporting data; admission, review, and dismissal (ARD) committee reports; and the student's individualized education programs (IEPs) and supporting data.(b) Each school district must develop policies, procedures, programs, and practices that are consistent with the state's established policies, procedures, programs, and services to implement the Individuals with Disabilities Education Act.(c) For school districts providing special education services to students with visual impairments, there must be written procedures as required in Texas Education Code (TEC), §30.002(c)(10).(d) Each school district must ensure that each teacher who provides instruction to a student with disabilities:(1) has access to relevant sections of the student's current IEP;(2) is informed of the teacher's specific responsibilities related to implementation of the IEP, such as goals and objectives, and of needed accommodations, modifications, and supports for the student; and(3) has an opportunity to request assistance regarding implementation of the student's IEP.(e) Each school district must develop a process to be used by a teacher who instructs a student with a disability in a general education classroom setting: (1) to request a review of the student's IEP;(2) to provide input in the development of the student's IEP;(3) that provides for a timely district response to the teacher's request; and(4) that provides for notification to the student's parent or legal guardian of that response.(f) Students with disabilities must have available an instructional day commensurate with that of students without disabilities. The ARD committee must determine the appropriate instructional setting and length of day for each student, and these must be specified in the student's IEP.(g) School districts that contract for services from nonpublic day schools or residential placements must do so in accordance with 34 Code of Federal Regulations (CFR), §300.147, and § 89.1092 and § 89.1094 of this title (relating to Contracting for Nonpublic Residential Placements for the Provision of a Free Appropriate Public Education (FAPE) and Contracting for Nonpublic or Non-District Operated Day Placements for the Provision of a Free Appropriate Public Education (FAPE)).(h) Whenever a school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education to the student, the school district must provide prior written notice as required in 34 CFR, § 300.503, including providing the notice in the parent's native language or other mode of communication. This notice must be provided to the parent at least five school days before the school district proposes or refuses the action unless the parent agrees to a shorter timeframe.(i) The transition and employment designee required of each school district or shared services arrangement by TEC, §29.011, must complete the required training as developed by the commissioner of education and provide information about transition requirements and coordination among parents, students, and appropriate state agencies to ensure that school staff can communicate and collaborate effectively.19 Tex. Admin. Code § 89.1075
The provisions of this §89.1075 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129; amended by Texas Register, Volume 39, Number 52, December 26, 2014, TexReg 10460, eff. 1/1/2015; amended by Texas Register, Volume 43, Number 06, February 9, 2018, TexReg 0764, eff. 2/15/2018; amended to be effective March 14, 2021, 46 TexReg 1466; Amended by Texas Register, Volume 49, Number 33, August 16, 2024, TexReg 6206, eff. 8/22/2024