Texas Register, Volume 23, Number 17, Pages 3957-4141, April 24, 1998 Page: 3,983
3957-4141 p. ; 28 cm.View a full description of this periodical.
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(1) When mutual agreement about all required elements
of the IEP is not achieved, the party (the parents or adult student) who
disagrees shall be offered a single opportunity to have the committee
recess for a period of time not to exceed ten school days. This
recess is not required when the student's presence on the campus
presents a danger of physical harm to the student or others or when
the student has committed an expellable offense or an offense which
may lead to a placement in an alternative education program (AEP).
The requirements of subsection (g) of this section do not prohibit the
local school district from recessing an ARD committee meeting for
reasons other than failure of the parents or adult student and school
district from reaching mutual agreement about all required elements
of the IEP.
(2)-(5) (No Change.)
(6) When a district implements an IEP with which the
parents disagree or the adult student disagrees, the district shall
provide prior written notice to the parents or adult student as required
in 34 CFR, 300.503 and 300.504 [and *30595].
(7) (No Change.)
89.1055. Content of the Individual Educational Plan (IEP).
(a) The individual educational plan (IEP) developed by the
admission, review, and dismissal (ARD) committee for each student
with a disability shall include the following information in addition to
the requirements of 34 Code of Federal Regulations (CFR), 300.346
and 300.347 , and Part 300, Appendix C:
(1) (No Change.)
(2) a statement addressing nonexemption, modification/
accommodation, or exemption from some or all of the criterion-
referenced [ basic skills] assessment instruments, as appropriate.
Modifications/accommodation of regular classroom procedures
[which are provided for students by the oeeat district] as specified
in the student's IEP shall be provided during the testing process in
accordance with 101.3 of this title (relating to Testing Accommo-
dations and Exemptions); and
(3) goals and objectives from the current IEP shall be
specified if extended year services are included in the IEP.
(b) (No Change.)
(c)-(d) (No Change.)
89.1060. Definitions of Certain Related Services.
(a) (No Change.)
(b) Interpreting services for students who are deaf. Interpret-
ing services include interpreting/transliterating receptively and ex-
pressively for persons who are deaf or hard of hearing. Interpreting
services for students who are deaf shall be provided by an interpreter
who is certified by the Registry of Interpreters for the Deaf or the
Texas Commission for the Deaf and Hard of Hearing or who has
a permit [waiver] from the commissioner of education for not more
than three consecutive years.
p89.1065. Extended Year Services (EYS).
Extended year services (EYS) are defined as individualized instruc-
tional programs beyond the regular school year for students who are
eligible for [enroled in a school district's] special education services
under 34 Code of Federal Regulations (CFR), Part 300 [ program].
(1)-(4) (No Change.)
(5) If the district does not propose EYS for discussion at
the annual review of a student's IEP, the parent may request that theARD committee discuss EYS pursuant to 34 CFR [Gode of Federal
Regulations (C-ER)], 300.503 [300.504] and 300.505.
(6)-(9) (No Change.)
89.1075. General Program Requirements and Local District Pro-
cedures.
(a)-(b) (No Change.)
(c) Each school district shall provide parents of students
receiving special education services written reports of the students'
progress , in accordance with 34 Code of Federal Regulations,
300.347(a)(7) and 300.343(c)(1)-(2), on the same timely basis as
the reports provided to students in regular education.
(d)-(e) (No Change.)
(f) School districts that jointly operate their special education
programs, as a shared services arrangement, shall do so in accordance
with procedures developed by the Texas Education Agency.
89.1085. Referral for Texas School for the Blind and Visually
Impaired and Texas School for the Deaf Services.
(a)-(b) (No Change.)
(c) For students who are deaf or hard of hearing for whom
the Texas School for the Deaf may be an appropriate placement, the
following procedures shall be implemented in accordance with TEC,
30.057 (Admission to the Texas School for the Deaf).
(1) The student's parent or legal guardian, a person with
legal authority to act in place of the parent or legal guardian, or
the student, if the student is 18 years of age or older, may initiate
a referral to the Texas School for the Deaf at any time during the
school year if the school is chosen as the appropriate placement for
the student rather than placement in the student's local or regional
program recommended under the student's IEP. The IEP must include
the requirements of 34 CFR, 300.340-300.351; and TEC, 29.301-
29.314.
(2) The school district in which the student resides may
initiate a referral to the Texas School for the Deaf at any time
during the school year under the student's IEP. In addition to the
requirements provided in subsection (b) of this section, the IEP must
include the requirements of 34 CFR, 300.340-300.351; and TEC,
29.301-29.314. The school district remains responsible for free
appropriate public education and related services in accordance with
34 CFR, Part 300; state statues; and rules of the State Board of
Education (SBOE) and commissioner of education.
(3) The Texas School for the Deaf shall accept referrals
in accordance with paragraphs (1) and (2) of this subsection; 34
CFR, Parts 300 and 303; and applicable state statutes. For students
accepted by the Texas School for the Deaf under paragraph (2) of this
subsection, the Texas School for the Deaf and the referring school
district will mutually develop a cooperative agreement relating to the
implementation of each student's IEP. For students accepted by the
Texas School for the Deaf under paragraph (1) of this subsection, the
Texas School for the Deaf shall be responsible for free appropriate
public education and related services in accordance with 34 CFR,
Part 300; state statutes; and rules of the SBOE and commissioner of
education.
[(c) Students eno!!ed in the Texas School for the Deaf under
this section who are no referred by leeat ARD committees shall be
supported in aeordane with G 30.003- Upon enrellm ent of
children not refered by teea A ,- . tees the Texas 8eheel
for the Deaf shall be responsible for fr appropriate, education and
related services- ]PROPOSED RULES April 24, 1998 23 TexReg 3983
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Texas. Secretary of State. Texas Register, Volume 23, Number 17, Pages 3957-4141, April 24, 1998, periodical, April 24, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113836/m1/29/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.