SUPPLEMENTARY AIDS AND SERVICES, SPECIAL EDUCATION, RELATED SERVICES

Los artículos de documentación indican los requerimientos que deben ser documentados en el proceso de educación especial. Pueden ser llenados en formas o por una declaración representativa en un diálogo por escrito.

Los artículos de práctica son requisitos, que deben de reflejarse en la práctica.

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
. . . 
    (4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child— 
       (i) To advance appropriately toward attaining the annual goals; 
       (ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and 
       (iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section; 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
. . . 
    (4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child— 
       (i) To advance appropriately toward attaining the annual goals; 
       (ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and 
       (iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section; 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
(1)  34 CFR, §§300.320-300.325, and Texas Education Code (TEC), §29.005 (individualized education programs); 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.42  Supplementary aids and services. 

Supplementary aids and services means aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with §§300.114 through 300.116.


Last Amended:  71 FR 46762, Aug. 14, 2006
Entered:  June 9, 2009
SBS

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
. . . 
    (4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child— 
       (i) To advance appropriately toward attaining the annual goals; 
       (ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and 
       (iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section; 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
(1)  34 CFR, §§300.320-300.325, and Texas Education Code (TEC), §29.005 (individualized education programs); 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.39  Special education.   

(a) General. 
    (1) Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including—   
       (i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and   
       (ii) Instruction in physical education.   
    (2) Special education includes each of the following, if the services otherwise meet the requirements of paragraph (a)(1) of this section—   
       (i) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;   
       (ii) Travel training; and   
       (iii) Vocational education.   
. . . 


Last Amended:  71 FR 46761, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
. . . 
    (4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child— 
       (i) To advance appropriately toward attaining the annual goals; 
       (ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and 
       (iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section; 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
(1)  34 CFR, §§300.320-300.325, and Texas Education Code (TEC), §29.005 (individualized education programs); 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.34  Related services.   

(a) General. Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training.   
. . . 


Last Amended:  71 FR 46760, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.34  Related services.   

. . . 
(b) Exception; services that apply to children with surgically implanted devices, including cochlear implants.
    (1) Related services do not include a medical device that is surgically implanted, the optimization of that device’s functioning (e.g., mapping), maintenance of that device, or the replacement of that device.   
    (2) Nothing in paragraph (b)(1) of this section—   
       (i) Limits the right of a child with a surgically implanted device (e.g., cochlear implant) to receive related services (as listed in paragraph (a) of this section) that are determined by the IEP Team to be necessary for the child to receive FAPE.   
       (ii) Limits the responsibility of a public agency to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school; or   
       (iii) Prevents the routine checking of an external component of a surgically implanted device to make sure it is functioning properly, as required in §300.113(b).   
. . . 


Last Amended:  71 FR 46760, Aug. 14, 2006
Entered:  June 9, 2009

Text of section as added by Acts 2019, 86th Leg., R.S., Ch. 1042 (H.B.706), Sec. 1

Texas Education Code § 38.033.  School Health and Related Services Program; Eligibility for Audiology Services.

(a) A child is eligible to receive audiology services provided under the school health and related services program if the child:
(1)  is 20 years of age or younger;
(2)  has a disability or chronic medical condition;
(3)  is eligible for Medicaid benefits; and
(4)  has been prescribed the services under:
(A)  an individualized education program created under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.); or
(B)  a plan created under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).

. . .


Last Amended: 86th Leg., R.S., Ch. 1042 (H.B.706), Sec. 1, eff. September 1, 2019
Entered: July 22, 2019

Text of section as added by Acts 2019, 86th Leg., R.S., Ch. 1042 (H.B.706), Sec. 1

Texas Education Code § 38.033.  School Health and Related Services Program; Eligibility for Audiology Services.

(a) A child is eligible to receive audiology services provided under the school health and related services program if the child: 
(1)  is 20 years of age or younger;
. . . 

Last Amended: 86th Leg., R.S., Ch. 1042 (H.B.706), Sec. 1, eff. September 1, 2019
Entered: July 22, 2019

Text of section as added by Acts 2019, 86th Leg., R.S., Ch. 1042 (H.B.706), Sec. 1

Texas Education Code § 38.033.  School Health and Related Services Program; Eligibility for Audiology Services.

(a) A child is eligible to receive audiology services provided under the school health and related services program if the child: 
. . . 
(2)  has a disability or chronic medical condition;
. . . 

Last Amended: 86th Leg., R.S., Ch. 1042 (H.B.706), Sec. 1, eff. September 1, 2019
Entered: July 22, 2019

Text of section as added by Acts 2019, 86th Leg., R.S., Ch. 1042 (H.B.706), Sec. 1

Texas Education Code § 38.033.  School Health and Related Services Program; Eligibility for Audiology Services.

(a) A child is eligible to receive audiology services provided under the school health and related services program if the child: 
. . . 
(3)  is eligible for Medicaid benefits; and
. . . 

Last Amended: 86th Leg., R.S., Ch. 1042 (H.B.706), Sec. 1, eff. September 1, 2019
Entered: July 22, 2019

Text of section as added by Acts 2019, 86th Leg., R.S., Ch. 1042 (H.B.706), Sec. 1

Texas Education Code § 38.033.  School Health and Related Services Program; Eligibility for Audiology Services.

(a) A child is eligible to receive audiology services provided under the school health and related services program if the child: 
. . . 
(4)  has been prescribed the services under:
(A)  an individualized education program created under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.); or
(B)  a plan created under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).
. . . 

Last Amended: 86th Leg., R.S., Ch. 1042 (H.B.706), Sec. 1, eff. September 1, 2019
Entered: July 22, 2019

Text of section as added by Acts 2019, 86th Leg., R.S., Ch. 1042 (H.B.706), Sec. 1

Texas Education Code § 38.033.  School Health and Related Services Program; Eligibility for Audiology Services.

(a) A child is eligible to receive audiology services provided under the school health and related services program if the child: 
. . . 
(4)  has been prescribed the services under:
(A)  an individualized education program created under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.); or
. . . 

Last Amended: 86th Leg., R.S., Ch. 1042 (H.B.706), Sec. 1, eff. September 1, 2019
Entered: July 22, 2019

Text of section as added by Acts 2019, 86th Leg., R.S., Ch. 1042 (H.B.706), Sec. 1

Texas Education Code § 38.033.  School Health and Related Services Program; Eligibility for Audiology Services.

(a) A child is eligible to receive audiology services provided under the school health and related services program if the child: 
. . . 
(4)  has been prescribed the services under:
. . .
(B)  a plan created under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).
. . . 

Last Amended: 86th Leg., R.S., Ch. 1042 (H.B.706), Sec. 1, eff. September 1, 2019
Entered: July 22, 2019

19 Texas Administrative Code § 89.1090. Transportation of Students Placed in a Residential Setting, Including the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf.
 
For each student placed in a residential setting by the student's admission, review, and dismissal (ARD) committee, including those students placed in the Texas School for the Blind and Visually Impaired  and the Texas School for the Deaf , the resident school district shall be responsible for transportation at the beginning and end of the term and for regularly scheduled school holidays when students are expected to leave the residential campus. The resident school district is not responsible for transportation costs for students placed in residential settings by their parents. Transportation costs shall not exceed state approved per diem and mileage rates unless excess costs can be justified and documented. Transportation shall be arranged using the most cost efficient means. When it is necessary for the safety of the student, as determined by the ARD committee, for an adult designated by the ARD committee to accompany the student, round-trip transportation for that adult shall also be provided. The resident school district and the residential facility shall coordinate to ensure that students are transported safely, including the periods of departure and arrival.


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec. 17, 2007
SBS

19 Texas Administrative Code § 89.1090. Transportation of Students Placed in a Residential Setting, Including the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf.
 
For each student placed in a residential setting by the student's admission, review, and dismissal (ARD) committee, including those students placed in the Texas School for the Blind and Visually Impaired  and the Texas School for the Deaf , the resident school district shall be responsible for transportation at the beginning and end of the term and for regularly scheduled school holidays when students are expected to leave the residential campus. The resident school district is not responsible for transportation costs for students placed in residential settings by their parents. Transportation costs shall not exceed state approved per diem and mileage rates unless excess costs can be justified and documented. Transportation shall be arranged using the most cost efficient means. When it is necessary for the safety of the student, as determined by the ARD committee, for an adult designated by the ARD committee to accompany the student, round-trip transportation for that adult shall also be provided. The resident school district and the residential facility shall coordinate to ensure that students are transported safely, including the periods of departure and arrival.


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec. 17, 2007
SBS

19 Texas Administrative Code § 89.1090. Transportation of Students Placed in a Residential Setting, Including the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf.
 
For each student placed in a residential setting by the student's admission, review, and dismissal (ARD) committee, including those students placed in the Texas School for the Blind and Visually Impaired  and the Texas School for the Deaf , the resident school district shall be responsible for transportation at the beginning and end of the term and for regularly scheduled school holidays when students are expected to leave the residential campus. The resident school district is not responsible for transportation costs for students placed in residential settings by their parents. Transportation costs shall not exceed state approved per diem and mileage rates unless excess costs can be justified and documented. Transportation shall be arranged using the most cost efficient means. When it is necessary for the safety of the student, as determined by the ARD committee, for an adult designated by the ARD committee to accompany the student, round-trip transportation for that adult shall also be provided. The resident school district and the residential facility shall coordinate to ensure that students are transported safely, including the periods of departure and arrival.


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec. 17, 2007
SBS

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
. . . 
    (4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child— 
       (i) To advance appropriately toward attaining the annual goals; 
       (ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and 
       (iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section; 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
(1)  34 CFR, §§300.320-300.325, and Texas Education Code (TEC), §29.005 (individualized education programs); 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
. . .  
    (4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child— 
       (i) To advance appropriately toward attaining the annual goals; 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
. . .  
    (4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child— 
. . . 
       (ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.117  Nonacademic settings. 

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in §300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.107  Nonacademic services.

The State must ensure the following: 

(a) Each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child’s IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.   

(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.


Last Amended:  71 FR 46763, Aug. 14, 2006
Entered:  May 28, 2009
SBS

34 Code of Federal Regulations § 300.117  Nonacademic settings. 

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in §300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.117  Nonacademic settings. 

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in §300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.107  Nonacademic services. 

The State must ensure the following: 
. . . 
(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.


Last Amended:  71 FR 46763, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.117  Nonacademic settings. 

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in §300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.107  Nonacademic services. 

The State must ensure the following: 
. . . 
(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.


Last Amended:  71 FR 46763, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.117  Nonacademic settings. 

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in §300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.107  Nonacademic services. 

The State must ensure the following: 
. . . 
(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.


Last Amended:  71 FR 46763, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.117  Nonacademic settings. 

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in §300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.107  Nonacademic services. 

The State must ensure the following: 
. . . 
(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.


Last Amended:  71 FR 46763, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.117  Nonacademic settings. 

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in §300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.107  Nonacademic services. 

The State must ensure the following: 
. . . 
(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.


Last Amended:  71 FR 46763, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.117  Nonacademic settings. 

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in §300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.107  Nonacademic services. 

The State must ensure the following: 
. . . 
(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.


Last Amended:  71 FR 46763, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.117  Nonacademic settings. 

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in §300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.107  Nonacademic services. 

The State must ensure the following: 
. . . 
(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.


Last Amended:  71 FR 46763, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.117  Nonacademic settings. 

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in §300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.107  Nonacademic services. 

The State must ensure the following: 
. . . 
(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.


Last Amended:  71 FR 46763, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.117  Nonacademic settings. 

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in §300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
. . . 
    (4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child— 
. . . 
       (iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section; 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

19 Texas Administrative Code §  74.38. Requirements for Instruction in Cardiopulmonary Resuscitation (CPR).

. . . 
(e)  A school district or an open-enrollment charter school may waive the requirement under this section for a student, who due to a disability, is unable to complete the requirement. The determination regarding a student's ability to complete the CPR requirement will be made by:
(1)  the student's ARD committee if the student receives special education services under the Texas Education Code (TEC), Chapter 29, Subchapter A; or
. . .  


Last Amended:  August 25, 2014, 39 TexReg 5384. 
Entered:  Aug. 24, 2015 

Texas Education Code § 28.0023. Cardiopulmonary Resuscitation and Automated External Defibrillator Instruction.  

. . . 
(d) A school administrator may waive the curriculum requirement under this section for an eligible student who has a disability.
. . . 


Last Amended:  83rd Leg., R.S., Ch. 1269, Sec. 2 & 3, eff. June 14, 2013
Entered: Aug. 18, 2015 

Texas Education Code § 21.451. Staff Development Requirements.    

. . .
(e)  A school district is required to provide the training described by Subsection (d)(2) to an educator who works primarily outside the area of special education only if the educator does not possess the knowledge and skills necessary to implement the individualized education program developed for a student receiving instruction from the educator.   A district may determine the time and place at which the training is delivered. 
. . . 

Last Amended:  86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.05, eff. June 2, 2019
Entered:  June 16, 2019

Texas Education Code § 21.451. Staff Development Requirements.    

. . . 
(d)  The staff development:     
. . .     
(2)  subject to Subsection (e) and to Section 21.3541 and rules adopted under that section , must include training that is evidence-based, as defined by Section 8101, Every Student Succeeds Act (20 U.S.C. Section 7801), and that:        
         (A)  relates to instruction of students with disabilities, including students with disabilities who also have other intellectual or mental health conditions; and        
                (B)  is designed for educators who work primarily outside the area of special education; and  
. . . 

Last Amended:  86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.05, eff. June 2, 2019
Entered:  June 16, 2019

Texas Education Code § 21.451. Staff Development Requirements.    

. . .
(e)  A school district is required to provide the training described by Subsection (d)(2) to an educator who works primarily outside the area of special education only if the educator does not possess the knowledge and skills necessary to implement the individualized education program developed for a student receiving instruction from the educator.   A district may determine the time and place at which the training is delivered. 
. . . 

Last Amended:  86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.05, eff. June 2, 2019
Entered:  June 16, 2019

Texas Education Code § 21.451. Staff Development Requirements.    

. . . 
(d)  The staff development:     
. . .     
(2)  subject to Subsection (e) and to Section 21.3541 and rules adopted under that section , must include training that is evidence-based, as defined by Section 8101, Every Student Succeeds Act (20 U.S.C. Section 7801), and that:        
         (A)  relates to instruction of students with disabilities, including students with disabilities who also have other intellectual or mental health conditions; and        
                (B)  is designed for educators who work primarily outside the area of special education; and  
. . . 

Last Amended:  86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.05, eff. June 2, 2019
Entered:  June 16, 2019

Texas Education Code § 21.451. Staff Development Requirements.    

. . . 
(d)  The staff development:     
. . .    
(2)  subject to Subsection (e) and to Section 21.3541 and rules adopted under that section , must include training that is evidence-based, as defined by Section 8101, Every Student Succeeds Act (20 U.S.C. Section 7801), and that:        
         (A)  relates to instruction of students with disabilities, including students with disabilities who also have other intellectual or mental health conditions; and        
  . . . 

Last Amended:  86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.05, eff. June 2, 2019
Entered:  June 16, 2019

Texas Education Code § 21.451. Staff Development Requirements.    

. . . 
(d)  The staff development:     
. . . 
(2)  subject to Subsection (e) and to Section 21.3541 and rules adopted under that section , must include training that is evidence-based, as defined by Section 8101, Every Student Succeeds Act (20 U.S.C. Section 7801), and that:        
        . . . 
(B)  is designed for educators who work primarily outside the area of special education; and  
. . . 

Last Amended:  86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.05, eff. June 2, 2019
Entered:  June 16, 2019

Texas Education Code § 21.451. Staff Development Requirements.    

. . .
(f)  In developing or maintaining the training required by Subsection (d)(2), a school district must consult with persons with expertise in research-based practices for students with disabilities.   Persons who may be consulted under this subsection include colleges, universities, private and nonprofit organizations, regional education service centers, qualified district personnel, and any other persons identified as qualified by the district.   This subsection applies to all training required by Subsection (d)(2), regardless of whether the training is provided at the campus or district level. 
. . . 

Last Amended:  86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.05, eff. June 2, 2019
Entered:  June 16, 2019

Texas Education Code § 21.451. Staff Development Requirements.    

. . .
(f)  In developing or maintaining the training required by Subsection (d)(2), a school district must consult with persons with expertise in research-based practices for students with disabilities.   Persons who may be consulted under this subsection include colleges, universities, private and nonprofit organizations, regional education service centers, qualified district personnel, and any other persons identified as qualified by the district.   This subsection applies to all training required by Subsection (d)(2), regardless of whether the training is provided at the campus or district level. 
. . . 

Last Amended:  86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.05, eff. June 2, 2019
Entered:  June 16, 2019

Texas Education Code § 21.451. Staff Development Requirements.    

. . .
(f)  In developing or maintaining the training required by Subsection (d)(2), a school district must consult with persons with expertise in research-based practices for students with disabilities.   Persons who may be consulted under this subsection include colleges, universities, private and nonprofit organizations, regional education service centers, qualified district personnel, and any other persons identified as qualified by the district.   This subsection applies to all training required by Subsection (d)(2), regardless of whether the training is provided at the campus or district level. 
. . . 

Last Amended:  86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.05, eff. June 2, 2019
Entered:  June 16, 2019

Texas Education Code § 21.451. Staff Development Requirements.    

. . .
(f)  In developing or maintaining the training required by Subsection (d)(2), a school district must consult with persons with expertise in research-based practices for students with disabilities.   Persons who may be consulted under this subsection include colleges, universities, private and nonprofit organizations, regional education service centers, qualified district personnel, and any other persons identified as qualified by the district.   This subsection applies to all training required by Subsection (d)(2), regardless of whether the training is provided at the campus or district level. 
. . . 

Last Amended:  86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.05, eff. June 2, 2019
Entered:  June 16, 2019

Texas Education Code § 28.0213. Intensive Program of Instruction. 

(a) A school district shall offer an intensive program of instruction to a student who: 
(1) does not perform satisfactorily on an assessment instrument administered under Subchapter B, Chapter 39; or 
(2) is not likely to receive a high school diploma before the fifth school year following the student’s enrollment in grade nine, as determined by the district.  
. . . 


Last Amended: 83rd Leg., R.S., ch. 1354, Sec. 3, eff. June 14, 2013 
Entered: August 6, 2013

Texas Education Code § 28.0213. Intensive Program of Instruction. 

. . . 
(e) For a student in a special education program under Subchapter A, Chapter 29,  who does not perform satisfactorily on an assessment instrument administered under Section 39.023(a) , (b) , or (c) , the student's admission, review, and dismissal committee shall design the program to:     
(1) enable the student to attain a standard of annual growth on the basis of the student's individualized education program; and     
(2) if applicable, carry out the purposes of Section 28.0211 .  


Last Amended: 83rd Leg., R.S., ch. 1354, Sec. 3, eff. June 14, 2013 
Entered: August 6, 2013

Texas Education Code § 39.023. Adoption and Administration of Instruments. 

(a)  The agency shall adopt or develop appropriate criterion-referenced assessment instruments designed to assess essential knowledge and skills in reading, mathematics, social studies, and science.  Except as provided by Subsection (a-2), all students, other than students assessed under Subsection (b) or (l) or exempted under Section 39.027, shall be assessed in:
(1)  mathematics, annually in grades three through eight;
(2)  reading, annually in grades three through eight;
(3)  social studies, in grade eight;
(4)  science, in grades five and eight; and
(5)  any other subject and grade required by federal law.

(a-1)  The agency shall develop assessment instruments required under Subsection (a) in a manner that allows, to the extent practicable:
(1)  the score a student receives to provide reliable information relating to a student's satisfactory performance for each performance standard under Section 39.0241; and
(2)  an appropriate range of performances to serve as a valid indication of growth in student achievement.

(a-2)  Except as required by federal law, a student is not required to be assessed in a subject otherwise assessed at the student's grade level under Subsection (a) if the student:
(1)  is enrolled in a course in the subject intended for students above the student's grade level and will be administered an assessment instrument adopted or developed under Subsection (a) that aligns with the curriculum for the course in which the student is enrolled; or
(2)  is enrolled in a course in the subject for which the student will receive high school academic credit and will be administered an end-of-course assessment instrument adopted under Subsection (c) for the course.

(a-3)  The agency may not adopt or develop a criterion-referenced assessment instrument under this section based on common core state standards as defined by Section 28.002(b-1).  This subsection does not prohibit the use of college advanced placement tests or international baccalaureate examinations as those terms are defined by Section 28.051.

(a-4)  For purposes of Subsection (a)(1), the State Board of Education by rule may designate sections of a mathematics assessment instrument for a grade level that:
(1)  may be completed with the aid of technology; and
(2)  must be completed without the aid of technology.

(a-5)-(a-10)  Expired.

(a-11)  Before an assessment instrument adopted or developed under Subsection (a) may be administered under that subsection, the assessment instrument must, on the basis of empirical evidence, be determined to be valid and reliable by an entity that is independent of the agency and of any other entity that developed the assessment instrument.

(a-12)  An assessment instrument adopted or developed under Subsection (a) may not have more than three parts.  A part of an assessment instrument must be designed so that:
(1)  if administered to students in grades three and four, 85 percent of students will be able to complete that part within 60 minutes; and
(2)  if administered to students in grades five through eight, 85 percent of students will be able to complete that part within 75 minutes.

(a-13)  The amount of time allowed for administration of an assessment instrument adopted or developed under Subsection (a) may not exceed eight hours, and the administration may occur in multiple parts over more than one day.

(a-14)  Subsections (a-12) and (a-13) do not apply to the administration of assessment instruments for a grade level if, as a result of the time restriction imposed, the assessment instrument no longer:
(1)  complies with federal law; or
(2)  is valid and reliable, based on findings and recommendations made by the advisory committees established under Section 39.02302.

(a-15)  Subsections (a-12) and (a-13) do not apply to a classroom portfolio method used to assess writing performance.

(a-16)  An assessment instrument under this section may not be administered to a kindergarten student except for the purpose of determining whether the student is entitled to the benefit of the Foundation School Program as provided under this code.

(b)  The agency shall develop or adopt appropriate criterion-referenced alternative assessment instruments to be administered to each student in a special education program under Subchapter A, Chapter 29, for whom an assessment instrument adopted under Subsection (a), even with allowable accommodations, would not provide an appropriate measure of student achievement, as determined by the student's admission, review, and dismissal committee, including assessment instruments approved by the commissioner that measure growth. The assessment instruments developed or adopted under this subsection, including the assessment instruments approved by the commissioner, must, to the extent allowed under federal law, provide a district with options for the assessment of students under this subsection.  The agency may not adopt a performance standard that indicates that a student's performance on the alternate assessment does not meet standards if the lowest level of the assessment accurately represents the student's developmental level as determined by the student's admission, review, and dismissal committee.

(b-1)  The agency, in conjunction with appropriate interested persons, shall redevelop assessment instruments adopted or developed under Subsection (b) for administration to significantly cognitively disabled students in a manner consistent with federal law.  An assessment instrument under this subsection may not require a teacher to prepare tasks or materials for a student who will be administered such an assessment instrument.  A classroom portfolio method used to assess writing performance may require a teacher to prepare tasks and materials.

(c)  The agency shall also adopt end-of-course assessment instruments for secondary-level courses in Algebra I, biology, English I, English II, and United States history.  The Algebra I end-of-course assessment instrument must be administered with the aid of technology, but may include one or more parts that prohibit the use of technology.  The English I and English II end-of-course assessment instruments must each assess essential knowledge and skills in both reading and writing and must provide a single score.  A school district shall comply with State Board of Education rules regarding administration of the assessment instruments listed in this subsection.  If a student is in a special education program under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee shall determine whether any allowable modification is necessary in administering to the student an assessment instrument required under this subsection.  The State Board of Education shall administer the assessment instruments.  An end-of-course assessment instrument may be administered in multiple parts over more than one day.  The State Board of Education shall adopt a schedule for the administration of end-of-course assessment instruments that complies with the requirements of Subsection (c-3).

(c-1)  The agency shall develop any assessment instrument required under this section in a manner that allows for the measurement of annual improvement in student achievement as required by Sections 39.034(c) and (d).

(c-2)  The agency may adopt end-of-course assessment instruments for courses not listed in Subsection (c).  A student's performance on an end-of-course assessment instrument adopted under this subsection is not subject to the performance requirements established under Subsection (c) or Section 39.025.

(c-3)  Except as provided by Subsection (c-7) or as otherwise provided by this subsection, in adopting a schedule for the administration of assessment instruments under this section, the State Board of Education shall ensure that assessment instruments administered under Subsection (a) or (c) are not administered on the first instructional day of a week.  On request by a school district or open-enrollment charter school, the commissioner may allow the district or school to administer an assessment instrument required under Subsection (a) or (c) on the first instructional day of a week if administering the assessment instrument on another instructional day would result in a significant administrative burden due to specific local conditions.

(c-4)  To the extent practicable and subject to Section 39.024, the agency shall ensure that each end-of-course assessment instrument adopted under Subsection (c) is:
(1)  developed in a manner that measures a student's performance under the college readiness standards established under Section 28.008; and
(2)  validated by national postsecondary education experts for college readiness content and performance standards.

(c-5)  A student's performance on an end-of-course assessment instrument required under Subsection (c) must be included in the student's academic achievement record.

(c-6)  In adopting an end-of-course assessment instrument under this section, the agency shall consider the use of an existing assessment instrument that is currently available.  The agency may use an existing assessment instrument that is currently available only if the assessment instrument:
(1)  is aligned with the essential knowledge and skills of the subject being assessed; and
(2)  allows for the measurement of annual improvement in student achievement as provided by Subsection (c-1).

(c-7)  Subsection (c-3) does not apply to a classroom portfolio method used to assess writing performance if student performance under that method is less than 50 percent of a student's overall assessed performance in writing.

(c-8)  Beginning with the 2022-2023 school year, not more than 75 percent of the available points on an assessment instrument developed under Subsection (a) or (c) may be attributable to questions presented in a multiple choice format.

(c-9)  The United States history end-of-course assessment instrument adopted under Subsection (c) must include 10 questions randomly selected by the agency from the civics test administered by the United States Citizenship and Immigration Services as part of the naturalization process under the federal Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.).  The agency shall:
(1)  ensure that the questions included in the assessment instrument align with the essential knowledge and skills adopted for the United States history course for which the instrument is administered; and
(2)  annually issue a report:
(A)  providing the questions included in the assessment instrument under this subsection and the answers to those questions; and
(B)  detailing student performance on the questions included in the assessment instrument under this subsection, both statewide and disaggregated by school district and campus.

(d)  The commissioner may participate in multistate efforts to develop voluntary standardized end-of-course assessment instruments.  The commissioner by rule may require a school district to administer an end-of-course assessment instrument developed through the multistate efforts.  The admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, shall determine whether any allowable modification is necessary in administering to the student an end-of-course assessment instrument.

(e)  Under rules adopted by the State Board of Education, every third year, the agency shall release the questions and answer keys to each assessment instrument administered under Subsection (a), (b), (c), (d), or (l), excluding any assessment instrument administered to a student for the purpose of retaking the assessment instrument, after the last time the instrument is administered for that school year.  To ensure a valid bank of questions for use each year, the agency is not required to release a question that is being field-tested and was not used to compute the student's score on the instrument.  The agency shall also release, under board rule, each question that is no longer being field-tested and that was not used to compute a student's score.  During the 2014-2015 and 2015-2016 school years, the agency shall release the questions and answer keys to assessment instruments as described by this subsection each year.

(e-1)  The agency may defer releasing assessment instrument questions and answer keys as required by Subsection (e) to the extent necessary to develop additional assessment instruments.

(f)  The assessment instruments shall be designed to include assessment of a student's problem-solving ability and complex-thinking skills using a method of assessing those abilities and skills that is demonstrated to be highly reliable.

(g)  The State Board of Education may adopt one appropriate, nationally recognized, norm-referenced assessment instrument in reading and mathematics to be administered to a selected sample of students in the spring.  If adopted, a norm-referenced assessment instrument must be a secured test.  The state may pay the costs of purchasing and scoring the adopted assessment instrument and of distributing the results of the adopted instrument to the school districts.  A district that administers the norm-referenced test adopted under this subsection shall report the results to the agency in a manner prescribed by the commissioner.

(h)  The agency shall notify school districts and campuses of the results of assessment instruments administered under this section not later than the 21st day after the date the assessment instrument is administered.  The school district shall disclose to each district teacher the results of assessment instruments administered to students taught by the teacher in the subject for the school year in which the assessment instrument is administered.

(i)  The provisions of this section, except Subsection (d), are subject to modification by rules adopted under Section 39.022.  Each assessment instrument adopted under those rules and each assessment instrument required under Subsection (d) must be reliable and valid and must meet any applicable federal requirements for measurement of student progress.

(j)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 18, eff. September 1, 2007.

(l)  The State Board of Education shall adopt rules for the administration of the assessment instruments adopted under Subsection (a) in Spanish to emergent bilingual students in grades three through five, as defined by Section 29.052, whose primary language is Spanish, and who are not otherwise exempt from the administration of an assessment instrument under Section 39.027(a)(1) or (2).  Each emergent bilingual student whose primary language is Spanish, other than a student to whom Subsection (b) applies, may be assessed using assessment instruments in Spanish under this subsection for up to three years or assessment instruments in English under Subsection (a).  The language proficiency assessment committee established under Section 29.063 shall determine which students are administered assessment instruments in Spanish under this subsection.

(m)  The commissioner by rule shall develop procedures under which the language proficiency assessment committee established under Section 29.063 shall determine which students are exempt from the administration of the assessment instruments under Section 39.027(a)(1) or (2).  The rules adopted under this subsection shall ensure that the language proficiency assessment committee provides that the exempted students are administered the assessment instruments under Subsections (a) and (c) at the earliest practical date.

(n)  This subsection applies only to a student who is determined to have dyslexia or a related disorder and who is an individual with a disability under 29 U.S.C. Section 705(20) and its subsequent amendments.  The agency shall adopt or develop appropriate criterion-referenced assessment instruments designed to assess the ability of and to be administered to each student to whom this subsection applies for whom the assessment instruments adopted under Subsection (a), even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the committee established by the board of trustees of the district to determine the placement of students with dyslexia or related disorders.  The committee shall determine whether any allowable modification is necessary in administering to a student an assessment instrument required under this subsection.  The assessment instruments required under this subsection shall be administered on the same schedule as the assessment instruments administered under Subsection (a).

(o)  The agency shall adopt or develop optional interim assessment instruments for each subject or course for each grade level subject to assessment under this section.  A school district or open-enrollment charter school may not be required to administer interim assessment instruments adopted or developed under this subsection.  An interim assessment instrument:
(1)  must be:
(A)  when possible, predictive of the assessment instrument for the applicable subject or course for that grade level required under this section; and
(B)  administered electronically; and
(2)  may not be used for accountability purposes.

(p)  On or before September 1 of each year, the commissioner shall make the following information available on the agency's Internet website for each assessment instrument administered under Subsection (a), (c), or (l):
(1)  the number of questions on the assessment instrument;
(2)  the number of questions that must be answered correctly to achieve satisfactory performance as determined by the commissioner under Section 39.0241(a);
(3)  the number of questions that must be answered correctly to achieve satisfactory performance under the college readiness performance standard as provided by Section 39.0241; and
(4)  the corresponding scale scores.

SBS

Texas Education Code § 28.0213. Intensive Program of Instruction. 

. . . 
(e) For a student in a special education program under Subchapter A, Chapter 29,  who does not perform satisfactorily on an assessment instrument administered under Section 39.023(a) , (b) , or (c) , the student's admission, review, and dismissal committee shall design the program to:     
(1) enable the student to attain a standard of annual growth on the basis of the student's individualized education program; and     
(2) if applicable, carry out the purposes of Section 28.0211 .  


Last Amended: 83rd Leg., R.S., ch. 1354, Sec. 3, eff. June 14, 2013 
Entered: August 6, 2013

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
. . . 
(10)  TEC, §28.0213 (Intensive Program of Instruction); 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

Texas Education Code § 28.0213. Intensive Program of Instruction. 

. . . 
(e) For a student in a special education program under Subchapter A, Chapter 29,  who does not perform satisfactorily on an assessment instrument administered under Section 39.023(a) , (b) , or (c) , the student's admission, review, and dismissal committee shall design the program to:     
(1) enable the student to attain a standard of annual growth on the basis of the student's individualized education program; and     
. . . 


Last Amended: 83rd Leg., R.S., ch. 1354, Sec. 3, eff. June 14, 2013 
Entered: August 6, 2013

Texas Education Code § 28.0213. Intensive Program of Instruction. 

. . . 
(e) For a student in a special education program under Subchapter A, Chapter 29,  who does not perform satisfactorily on an assessment instrument administered under Section 39.023(a) , (b) , or (c) , the student's admission, review, and dismissal committee shall design the program to:     
. . .   
(2) if applicable, carry out the purposes of Section 28.0211 .  


Last Amended: 83rd Leg., R.S., ch. 1354, Sec. 3, eff. June 14, 2013 
Entered: August 6, 2013

Texas Education Code § 28.0211. Accelerated Learning Committee; Accelerated Instruction; Modified Teacher Assignment.

(a)  A school district shall establish an accelerated learning committee described by Subsection (c) for each student who does not perform satisfactorily on:
(1)  the third grade mathematics or reading assessment instrument under Section 39.023;
(2)  the fifth grade mathematics or reading assessment instrument under Section 39.023; or
(3)  the eighth grade mathematics or reading assessment instrument under Section 39.023.

(a-1)  Each time a student fails to perform satisfactorily on an assessment instrument administered under Section 39.023(a) in the third, fourth, fifth, sixth, seventh, or eighth grade, the school district in which the student attends school shall provide to the student accelerated instruction in the applicable subject area during the subsequent summer or school year and either:
(1)  allow the student to be assigned a classroom teacher who is certified as a master, exemplary, or recognized teacher under Section 21.3521 for the subsequent school year in the applicable subject area; or
(2)  provide the student supplemental instruction under Subsection (a-4).

(a-2)  Accelerated instruction provided during the following school year under Subsection (a-1) may require participation of the student before or after normal school hours.

(a-3)  In providing accelerated instruction under Subsection (a-1), a district may not remove a student, except under circumstances for which a student enrolled in the same grade level who is not receiving accelerated instruction would be removed, from:
(1)  instruction in the foundation curriculum and enrichment curriculum adopted under Section 28.002 for the grade level in which the student is enrolled; or
(2)  recess or other physical activity that is available to other students enrolled in the same grade level.

(a-4)  If a district receives funding under Section 29.0881, the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260), or the American Rescue Plan Act of 2021 (Pub. L. No. 117-2), then supplemental instruction provided by a school district under Subsection (a-1)(2) must:
(1)  include targeted instruction in the essential knowledge and skills for the applicable grade levels and subject area;
(2)  be provided in addition to instruction normally provided to students in the grade level in which the student is enrolled;
(3)  be provided for no less than 30 total hours during the subsequent summer or school year and, unless the instruction is provided fully during summer, include instruction no less than once per week during the school year;
(4)  be designed to assist the student in achieving satisfactory performance in the applicable grade level and subject area;
(5)  include effective instructional materials designed for supplemental instruction;
(6)  be provided to a student individually or in a group of no more than three students, unless the parent or guardian of each student in the group authorizes a larger group;
(7)  be provided by a person with training in the applicable instructional materials for the supplemental instruction and under the oversight of the school district; and
(8)  to the extent possible, be provided by one person for the entirety of the student's supplemental instruction period.

(a-5)  Each school district shall establish a process allowing for the parent or guardian of a student who fails to perform satisfactorily on an assessment instrument specified under Subsection (a) to make a request for district consideration that the student be assigned to a particular classroom teacher in the applicable subject area for the subsequent school year, if more than one classroom teacher is available.

(a-6)  The commissioner shall provide guidelines to school districts on research-based best practices and effective strategies that a district may use in developing an accelerated instruction program and shall provide resources to districts to assist in the provision of an accelerated instruction program.

(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(c)   After a student fails to perform satisfactorily on an assessment instrument specified under Subsection (a), an accelerated learning committee shall be established.  The accelerated learning committee shall be composed of the principal or the principal's designee, the student's parent or guardian, and the teacher of the subject of an assessment instrument on which the student failed to perform satisfactorily.  The district shall notify the parent or guardian of the time and place for convening the accelerated learning committee and the purpose of the committee.

(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(e)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(f)  An accelerated learning committee described by Subsection (c) shall, not later than the start of the subsequent school year, develop an educational plan for the student that provides the necessary accelerated instruction to enable the student to perform at the appropriate grade level by the conclusion of the school year.

(f-1)  The educational plan under Subsection (f) must be documented in writing, and a copy must be provided to the student's parent or guardian.

(f-2)  During the school year, the student shall be monitored to ensure that the student is progressing in accordance with the plan developed under Subsection (f).  The district shall administer to the student the assessment instrument for the grade level in which the student is placed at the time the district regularly administers the assessment instruments for that school year.

(f-3)  The board of trustees of each school district shall adopt a policy consistent with the grievance procedure adopted under Section 26.011 to allow a parent to contest the content or implementation of an educational plan developed under Subsection (f).

(f-4)  If a student who fails to perform satisfactorily on an assessment instrument specified under Subsection (a) fails in the subsequent school year to perform satisfactorily on an assessment instrument in the same subject, the superintendent of the district, or the superintendent's designee, shall meet with the student's accelerated learning committee to:
(1)  identify the reason the student did not perform satisfactorily; and
(2)  determine, in order to ensure the student performs satisfactorily on the assessment instrument at the next administration of the assessment instrument, whether:
(A)  the educational plan developed for the student under Subsection (f) must be modified to provide the necessary accelerated instruction for that student; and
(B)  any additional resources are required for that student.

(f-5)  The superintendent's designee under Subsection (f-4):
(1)  may be an employee of a regional education service center; and
(2)  may not be a person who served on the student's accelerated learning committee.

(g)  This section does not preclude the retention at a grade level, in accordance with state law or school district policy, of a student who performs satisfactorily on an assessment instrument specified under Subsection (a).

(h)  In each instance under this section in which a school district is specifically required to provide notice to a parent or guardian of a student, the district shall make a good faith effort to ensure that such notice is provided either in person or by regular mail and that the notice is clear and easy to understand and is written in English or the parent or guardian's native language.

(i)  The admission, review, and dismissal committee of a student who participates in a district's special education program under Subchapter A, Chapter 29, and who does not perform satisfactorily on an assessment instrument specified under Subsection (a) and administered under Section 39.023(a) or (b) must meet to determine the manner in which the student will participate in an accelerated instruction program under this section.

(i-1)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(i-2)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(j)  A school district or open-enrollment charter school shall provide students required to attend accelerated programs under this section with transportation to those programs if the programs occur outside of regular school hours.

(k)  The commissioner may adopt rules as necessary to implement this section.

(l)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 17, eff. June 15, 2007.

(l-1)  The commissioner may adopt rules requiring a school district that receives federal funding under Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.) to use that funding to provide supplemental educational services under 20 U.S.C. Section 6316 in conjunction with the accelerated instruction provided under this section, provided that the rules may not conflict with federal law governing the use of that funding.

(m)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(m-1)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(n)  Except as provided by Subsection (n-1), a student who fails to perform satisfactorily on an assessment instrument specified under Subsection (a) and is promoted to the next grade level must be assigned in the subsequent school year in each subject in which the student failed to perform satisfactorily on an assessment instrument specified under Subsection (a) to an appropriately certified teacher who meets all state and federal qualifications to teach that subject and grade.

(n-1)  In a manner consistent with federal law and notwithstanding any other law, the commissioner may waive the requirement under Subsection (n) regarding the assignment of a student to an appropriately certified classroom teacher on the request of a school district.

(o)  This section does not require the administration of a  fifth or eighth grade assessment instrument in a subject under Section 39.023(a) to a student enrolled in the fifth or eighth grade, as applicable, if the student:
(1)  is enrolled in a course in the subject intended for students above the student's grade level and will be administered an assessment instrument adopted or developed under Section 39.023(a) that aligns with the curriculum for the course in which the student is enrolled; or
(2)  is enrolled in a course in the subject for which the student will receive high school academic credit and will be administered an end-of-course assessment instrument adopted under Section 39.023(c) for the course.

(p)  Notwithstanding any other provision of this section, a student described by Subsection (o) may not be denied promotion  on the basis of failure to perform satisfactorily on an assessment instrument not required to be administered to the student in accordance with that subsection.


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.022, eff. June 12, 2019   
   87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 1, eff. June 16, 2021
   87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 2, eff. June 16, 2021
   87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021
Entered: October 22, 2021   

Texas Education Code § 28.006. Reading Diagnosis.  

. . . 
(g) A school district shall notify the parent or guardian of each student in kindergarten or first or second grade who is determined, on the basis of reading instrument results, to be at risk for dyslexia or other reading difficulties. The district shall implement an accelerated reading instruction program that provides reading instruction that addresses reading deficiencies to those students and shall determine the form, content, and timing of that program. The admission, review, and dismissal committee of a student who participates in a district's special education program under Subchapter B, Chapter 29, and who does not perform satisfactorily on a reading instrument under this section shall determine the manner in which the student will participate in an accelerated reading instruction program under this subsection.  
. . . 


Last Amended:  86th Leg., R.S., Ch. 450 (S.B. 2075), Sec. 2, eff. June 4, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.012, eff. June 12, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(11), eff. September 1, 2019
87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(6), eff. September 1, 2021
87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 11, eff. June 18, 2021 
Entered: October 20, 2021

Texas Education Code § 28.006. Reading Diagnosis.  

. . . 
(c) Each school district shall administer, at the first and second grade levels, a reading instrument on the list adopted by the commissioner or by the district-level committee. The district shall administer the reading instrument in accordance with the commissioner's recommendations under Subsection (a)(1).  
. . . 


Last Amended:  86th Leg., R.S., Ch. 450 (S.B. 2075), Sec. 2, eff. June 4, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.012, eff. June 12, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(11), eff. September 1, 2019
87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(6), eff. September 1, 2021
87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 11, eff. June 18, 2021
Entered: October 20, 2021

Texas Education Code § 28.006. Reading Diagnosis.  

. . . 
(c-2)  Each school district shall administer at the kindergarten level a reading instrument adopted by the commissioner under Subsection (b) or approved by the commissioner under Subsection (b-1). The district shall administer the reading instrument in accordance with the commissioner’s recommendations under Subsection (a)(1). 
. . . 


Last Amended:  86th Leg., R.S., Ch. 450 (S.B. 2075), Sec. 2, eff. June 4, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.012, eff. June 12, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(11), eff. September 1, 2019
87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(6), eff. September 1, 2021
87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 11, eff. June 18, 2021
Entered: October 20, 2021

Texas Education Code § 28.006. Reading Diagnosis.  

. . . 
(c-3)  The commissioner by rule shall determine the performance on the reading instrument adopted under Subsection (b) that indicates kindergarten readiness.


Last Amended:  86th Leg., R.S., Ch. 450 (S.B. 2075), Sec. 2, eff. June 4, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.012, eff. June 12, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(11), eff. September 1, 2019
87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(6), eff. September 1, 2021
87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 11, eff. June 18, 2021
Entered: October 20, 2021

Texas Education Code § 28.006. Reading Diagnosis.  

. . . 
(g) A school district shall notify the parent or guardian of each student in kindergarten or first or second grade who is determined, on the basis of reading instrument results, to be at risk for dyslexia or other reading difficulties. The district shall implement an accelerated reading instruction program that provides reading instruction that addresses reading deficiencies to those students and shall determine the form, content, and timing of that program. The admission, review, and dismissal committee of a student who participates in a district's special education program under Subchapter B, Chapter 29, and who does not perform satisfactorily on a reading instrument under this section shall determine the manner in which the student will participate in an accelerated reading instruction program under this subsection.  
. . . 


Last Amended:  86th Leg., R.S., Ch. 450 (S.B. 2075), Sec. 2, eff. June 4, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.012, eff. June 12, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(11), eff. September 1, 2019
87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(6), eff. September 1, 2021
87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 11, eff. June 18, 2021 
Entered: October 20, 2021

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
. . . 
(7)  TEC, §28.006 (Reading Diagnosis); 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 18, 2021

Texas Education Code § 28.0211. Accelerated Learning Committee; Accelerated Instruction; Modified Teacher Assignment.

. . . 
(i)  The admission, review, and dismissal committee of a student who participates in a district's special education program under Subchapter A, Chapter 29, and who does not perform satisfactorily on an assessment instrument specified under Subsection (a) and administered under Section 39.023(a) or (b) must meet to determine the manner in which the student will participate in an accelerated instruction program under this section.
 
(i-1)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.     
. . .  



Last Amended:    86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.022, eff. June 12, 2019   
   87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 1, eff. June 16, 2021
   87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 2, eff. June 16, 2021
   87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021
Entered: October 22, 2021

Texas Education Code § 28.0211. Accelerated Learning Committee; Accelerated Instruction; Modified Teacher Assignment.

(a)  A school district shall establish an accelerated learning committee described by Subsection (c) for each student who does not perform satisfactorily on:
(1)  the third grade mathematics or reading assessment instrument under Section 39.023;
(2)  the fifth grade mathematics or reading assessment instrument under Section 39.023; or
(3)  the eighth grade mathematics or reading assessment instrument under Section 39.023.

(a-1)  Each time a student fails to perform satisfactorily on an assessment instrument administered under Section 39.023(a) in the third, fourth, fifth, sixth, seventh, or eighth grade, the school district in which the student attends school shall provide to the student accelerated instruction in the applicable subject area during the subsequent summer or school year and either:
(1)  allow the student to be assigned a classroom teacher who is certified as a master, exemplary, or recognized teacher under Section 21.3521 for the subsequent school year in the applicable subject area; or
(2)  provide the student supplemental instruction under Subsection (a-4).

(a-2)  Accelerated instruction provided during the following school year under Subsection (a-1) may require participation of the student before or after normal school hours.

(a-3)  In providing accelerated instruction under Subsection (a-1), a district may not remove a student, except under circumstances for which a student enrolled in the same grade level who is not receiving accelerated instruction would be removed, from:
(1)  instruction in the foundation curriculum and enrichment curriculum adopted under Section 28.002 for the grade level in which the student is enrolled; or
(2)  recess or other physical activity that is available to other students enrolled in the same grade level.

(a-4)  If a district receives funding under Section 29.0881, the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260), or the American Rescue Plan Act of 2021 (Pub. L. No. 117-2), then supplemental instruction provided by a school district under Subsection (a-1)(2) must:
(1)  include targeted instruction in the essential knowledge and skills for the applicable grade levels and subject area;
(2)  be provided in addition to instruction normally provided to students in the grade level in which the student is enrolled;
(3)  be provided for no less than 30 total hours during the subsequent summer or school year and, unless the instruction is provided fully during summer, include instruction no less than once per week during the school year;
(4)  be designed to assist the student in achieving satisfactory performance in the applicable grade level and subject area;
(5)  include effective instructional materials designed for supplemental instruction;
(6)  be provided to a student individually or in a group of no more than three students, unless the parent or guardian of each student in the group authorizes a larger group;
(7)  be provided by a person with training in the applicable instructional materials for the supplemental instruction and under the oversight of the school district; and
(8)  to the extent possible, be provided by one person for the entirety of the student's supplemental instruction period.

(a-5)  Each school district shall establish a process allowing for the parent or guardian of a student who fails to perform satisfactorily on an assessment instrument specified under Subsection (a) to make a request for district consideration that the student be assigned to a particular classroom teacher in the applicable subject area for the subsequent school year, if more than one classroom teacher is available.

(a-6)  The commissioner shall provide guidelines to school districts on research-based best practices and effective strategies that a district may use in developing an accelerated instruction program and shall provide resources to districts to assist in the provision of an accelerated instruction program.

(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(c)   After a student fails to perform satisfactorily on an assessment instrument specified under Subsection (a), an accelerated learning committee shall be established.  The accelerated learning committee shall be composed of the principal or the principal's designee, the student's parent or guardian, and the teacher of the subject of an assessment instrument on which the student failed to perform satisfactorily.  The district shall notify the parent or guardian of the time and place for convening the accelerated learning committee and the purpose of the committee.

(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(e)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(f)  An accelerated learning committee described by Subsection (c) shall, not later than the start of the subsequent school year, develop an educational plan for the student that provides the necessary accelerated instruction to enable the student to perform at the appropriate grade level by the conclusion of the school year.

(f-1)  The educational plan under Subsection (f) must be documented in writing, and a copy must be provided to the student's parent or guardian.

(f-2)  During the school year, the student shall be monitored to ensure that the student is progressing in accordance with the plan developed under Subsection (f).  The district shall administer to the student the assessment instrument for the grade level in which the student is placed at the time the district regularly administers the assessment instruments for that school year.

(f-3)  The board of trustees of each school district shall adopt a policy consistent with the grievance procedure adopted under Section 26.011 to allow a parent to contest the content or implementation of an educational plan developed under Subsection (f).

(f-4)  If a student who fails to perform satisfactorily on an assessment instrument specified under Subsection (a) fails in the subsequent school year to perform satisfactorily on an assessment instrument in the same subject, the superintendent of the district, or the superintendent's designee, shall meet with the student's accelerated learning committee to:
(1)  identify the reason the student did not perform satisfactorily; and
(2)  determine, in order to ensure the student performs satisfactorily on the assessment instrument at the next administration of the assessment instrument, whether:
(A)  the educational plan developed for the student under Subsection (f) must be modified to provide the necessary accelerated instruction for that student; and
(B)  any additional resources are required for that student.

(f-5)  The superintendent's designee under Subsection (f-4):
(1)  may be an employee of a regional education service center; and
(2)  may not be a person who served on the student's accelerated learning committee.

(g)  This section does not preclude the retention at a grade level, in accordance with state law or school district policy, of a student who performs satisfactorily on an assessment instrument specified under Subsection (a).

(h)  In each instance under this section in which a school district is specifically required to provide notice to a parent or guardian of a student, the district shall make a good faith effort to ensure that such notice is provided either in person or by regular mail and that the notice is clear and easy to understand and is written in English or the parent or guardian's native language.

(i)  The admission, review, and dismissal committee of a student who participates in a district's special education program under Subchapter A, Chapter 29, and who does not perform satisfactorily on an assessment instrument specified under Subsection (a) and administered under Section 39.023(a) or (b) must meet to determine the manner in which the student will participate in an accelerated instruction program under this section.

(i-1)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(i-2)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(j)  A school district or open-enrollment charter school shall provide students required to attend accelerated programs under this section with transportation to those programs if the programs occur outside of regular school hours.

(k)  The commissioner may adopt rules as necessary to implement this section.

(l)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 17, eff. June 15, 2007.

(l-1)  The commissioner may adopt rules requiring a school district that receives federal funding under Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.) to use that funding to provide supplemental educational services under 20 U.S.C. Section 6316 in conjunction with the accelerated instruction provided under this section, provided that the rules may not conflict with federal law governing the use of that funding.

(m)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(m-1)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(n)  Except as provided by Subsection (n-1), a student who fails to perform satisfactorily on an assessment instrument specified under Subsection (a) and is promoted to the next grade level must be assigned in the subsequent school year in each subject in which the student failed to perform satisfactorily on an assessment instrument specified under Subsection (a) to an appropriately certified teacher who meets all state and federal qualifications to teach that subject and grade.

(n-1)  In a manner consistent with federal law and notwithstanding any other law, the commissioner may waive the requirement under Subsection (n) regarding the assignment of a student to an appropriately certified classroom teacher on the request of a school district.

(o)  This section does not require the administration of a  fifth or eighth grade assessment instrument in a subject under Section 39.023(a) to a student enrolled in the fifth or eighth grade, as applicable, if the student:
(1)  is enrolled in a course in the subject intended for students above the student's grade level and will be administered an assessment instrument adopted or developed under Section 39.023(a) that aligns with the curriculum for the course in which the student is enrolled; or
(2)  is enrolled in a course in the subject for which the student will receive high school academic credit and will be administered an end-of-course assessment instrument adopted under Section 39.023(c) for the course.

(p)  Notwithstanding any other provision of this section, a student described by Subsection (o) may not be denied promotion  on the basis of failure to perform satisfactorily on an assessment instrument not required to be administered to the student in accordance with that subsection.


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.022, eff. June 12, 2019   
   87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 1, eff. June 16, 2021
   87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 2, eff. June 16, 2021
   87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021
Entered: October 22, 2021   

Texas Education Code § 28.0212. Junior High or Middle School Personal Graduation Plan.  

. . . 
(c)  Notwithstanding Subsection (b), a student's individualized education program developed under Section 29.005 may be used as the student's personal graduation plan under this section. 
. . .  


Last Amended: 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 12(a), eff. June 10, 2013
83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 13(a), eff. June 10, 2013
83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 78(b)(2), eff. September 1, 2014
83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 19, eff. June 14, 2013 
Entered: October 17, 2013

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
. . . 
(9)  TEC, §28.0212 (Junior High or Middle School Personal Graduation Plan); 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 18, 2021

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
. . . 
(7) The projected date for the beginning of the services and modifications described in paragraph (a)(4) of this section, and the anticipated frequency, location, and duration of those services and modifications. 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
. . . 
(7) The projected date for the beginning of the services and modifications described in paragraph (a)(4) of this section, and the anticipated frequency, location, and duration of those services and modifications. 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
. . . 
(7) The projected date for the beginning of the services and modifications described in paragraph (a)(4) of this section, and the anticipated frequency, location, and duration of those services and modifications. 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
. . . 
(7) The projected date for the beginning of the services and modifications described in paragraph (a)(4) of this section, and the anticipated frequency, location, and duration of those services and modifications. 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1075. General Program Requirements and Local District Procedures. 

. . . 
(e)  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. 
. . . 


Last Amended:  March 14, 2021, 46 TexReg 1466 
Entered:  October 20, 2021

19 Texas Administrative Code § 89.1075. General Program Requirements and Local District Procedures. 

. . . 
(e)  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. 
. . . 


Last Amended:  March 14, 2021, 46 TexReg 1466 
Entered:  October 20, 2021

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
. . . 
(7) The projected date for the beginning of the services and modifications described in paragraph (a)(4) of this section, and the anticipated frequency, location, and duration of those services and modifications. 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
(1)  34 CFR, §§300.320-300.325, and Texas Education Code (TEC), §29.005 (individualized education programs); 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

Texas Education Code § 25.0343. Transfer of Students Residing in Household of Student Receiving Special Education Services. 

(a)  If, for the purpose of receiving special education services under Subchapter A, Chapter 29, a school district assigns a student to a district campus other than the campus the student would attend based on the student's residence, the district shall permit the student's parent, guardian, or other person standing in parental relation to the student to obtain a transfer to the assigned campus for any other student residing in the household of the student receiving special education services, provided that: 
    (1)  the other student is entitled under Section 25.001 to attend school in the district; and 
    (2)  the appropriate grade level for the other student is offered at the campus.
. . . 


Last Amended: 79th Leg., 3rd C.S., Ch. 5 , Sec. 12.01, eff. May 31, 2006
Entered:  July 29, 2008

Texas Education Code § 25.0343. Transfer of Students Residing in Household of Student Receiving Special Education Services. 

(a)  If, for the purpose of receiving special education services under Subchapter A, Chapter 29, a school district assigns a student to a district campus other than the campus the student would attend based on the student's residence, the district shall permit the student's parent, guardian, or other person standing in parental relation to the student to obtain a transfer to the assigned campus for any other student residing in the household of the student receiving special education services, provided that: 
    (1)  the other student is entitled under Section 25.001 to attend school in the district; and 
    (2)  the appropriate grade level for the other student is offered at the campus.
. . . 


Last Amended: 79th Leg., 3rd C.S., Ch. 5 , Sec. 12.01, eff. May 31, 2006
Entered:  July 29, 2008

Texas Education Code § 25.0343. Transfer of Students Residing in Household of Student Receiving Special Education Services. 

. . . 
(c)  Section 25.034 does not apply to a transfer under this section.        
. . . 

Last Amended: 79th Leg., 3rd C.S., Ch. 5 , Sec. 12.01, eff. May 31, 2006
Entered:  July 29, 2008

Texas Education Code § 25.0343. Transfer of Students Residing in Household of Student Receiving Special Education Services. 

(a)  If, for the purpose of receiving special education services under Subchapter A, Chapter 29, a school district assigns a student to a district campus other than the campus the student would attend based on the student's residence, the district shall permit the student's parent, guardian, or other person standing in parental relation to the student to obtain a transfer to the assigned campus for any other student residing in the household of the student receiving special education services, provided that: 
    (1)  the other student is entitled under Section 25.001 to attend school in the district; and 
. . . 


Last Amended: 79th Leg., 3rd C.S., Ch. 5 , Sec. 12.01, eff. May 31, 2006
Entered:  July 29, 2008

Texas Education Code § 25.0343. Transfer of Students Residing in Household of Student Receiving Special Education Services. 

(a)  If, for the purpose of receiving special education services under Subchapter A, Chapter 29, a school district assigns a student to a district campus other than the campus the student would attend based on the student's residence, the district shall permit the student's parent, guardian, or other person standing in parental relation to the student to obtain a transfer to the assigned campus for any other student residing in the household of the student receiving special education services, provided that: 
. . . 
    (2)  the appropriate grade level for the other student is offered at the campus.
. . . 


Last Amended: 79th Leg., 3rd C.S., Ch. 5 , Sec. 12.01, eff. May 31, 2006
Entered:  July 29, 2008

Texas Education Code § 25.0343. Transfer of Students Residing in Household of Student Receiving Special Education Services. 

. . . 
(d)  This section does not apply if the student receiving special education services resides in a residential facility.

Last Amended: 79th Leg., 3rd C.S., Ch. 5 , Sec. 12.01, eff. May 31, 2006
Entered:  July 29, 2008

Texas Education Code § 25.0343. Transfer of Students Residing in Household of Student Receiving Special Education Services. 

. . . 
(b)  A school district is not required to provide transportation to a student who transfers to another campus under this section.  This subsection does not affect any transportation services provided by the district in accordance with other law for the student receiving special education services.
. . . 

Last Amended: 79th Leg., 3rd C.S., Ch. 5 , Sec. 12.01, eff. May 31, 2006
Entered:  July 29, 2008

 

 

Scientifically Based Research (Region 10 ESC)
Response to Intervention (RtI) Resources (Region 10 ESC)

Progress in the General Curriculum (PGC) Network (Region 20 ESC)

Accelerated Instruction and Intensive Programs of Instruction for Students in Special Education Programs (TEA)

Student Success Initiative (TEA)

Related Services for Students with Disabilities–Questions and Answers (TEA)

National Center on Intensive Intervention (OSEP Technical Assistance Center)

Center for Parent Information and Resources (OSEP Technical Assistance Center)

National Center on Accessible Educational Materials (OSEP Technical Assistance Center)

OSERS Dear Colleague Letter (November 16, 2015)

 

 

 

OSEP Letter to Chambers (May 9, 2012)

OSERS Dear Colleague Letter (October 23, 2015)

OCR Dear Colleague Letter (December 26, 2007)

OSEP Letter to McWilliams (July 16, 2015)

OSEP Letter to Spitzer-Resnick, Swedeen, and Pugh (June 22, 2012)

OSEP Letter to Anonymous (September 11, 2007)

OSERS Questions and Answers On Individualized Education Programs (IEPs), Evaluations, and Reevaluations (September 2011)

OSERS Questions and Answers on Serving Children with Disabilities Eligible for Transportation (November 2009)

OSEP Letter to Ackron (November 20, 1990)

OSEP Letter to Ackerhalt (September 6, 2012)

White v. Ascension Parish School Board (5th Cir. 2003)

OSEP Letter to Trigg (November 30, 2007)

OSEP Letter to Clarke (March 8, 2007)