LEAST RESTRICTIVE ENVIRONMENT

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 § 300.114  LRE requirements.   

(a) General. 
. . . 
(2) Each public agency must ensure that—   
       (i) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and   
       (ii) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.   
. . . 


Last Amended:  71 FR 46753, Aug. 14, 2006 
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.114  LRE requirements.  

(a) General. 
. . .
    (2) Each public agency must ensure that—   
       (i) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and   
. . . 


Last Amended:  71 FR 46753, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.114  LRE requirements.  

(a) General. 
. . .  
    (2) Each public agency must ensure that—   
. . . 
       (ii) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.  
. . . 


Last Amended:  71 FR 46753, 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 46753, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.115  Continuum of alternative placements. 

(a) Each public agency must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. 
. . .


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.115  Continuum of alternative placements. 

. . . 
(b) The continuum required in paragraph (a) of this section must— 
    (1) Include the alternative placements listed in the definition of special education under §300.39 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and
   (2) Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.115  Continuum of alternative placements. 

. . . 
(b) The continuum required in paragraph (a) of this section must— 
    (1) Include the alternative placements listed in the definition of special education under §300.39 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and 
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.115  Continuum of alternative placements. 

. . . 
(b) The continuum required in paragraph (a) of this section must— 
. . . 
   (2) Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
 
(a) The placement decision— 
   (1) Is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and
   (2) Is made in conformity with the LRE provisions of this subpart, including §§300.114 through 300.118; 
 
(b) The child's placement— 
   (1) Is determined at least annually;
   (2) Is based on the child’s IEP; and
   (3) Is as close as possible to the child’s home; 
 
(c) Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled; 

(d) In selecting the LRE, consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs; and 

(e) A child with a disability is not removed from education in age appropriate regular classrooms solely because of needed modifications in the general education curriculum.


Last Amended:  71 FR 46753, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
 
(a) The placement decision— 
    (1) Is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and
   (2) Is made in conformity with the LRE provisions of this subpart, including §§300.114 through 300.118; 
. . . 


Last Amended:  71 FR 46753, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
  
(a) The placement decision— 
    (1) Is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and 
. . . 


Last Amended:  71 FR 46753, Aug. 14, 2006 
Entered:  May 28, 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: 
. . . 
(6)  34 CFR, §§300.114-300.117 (relating to least restrictive environment); 
. . . 

Last amended: July 30, 2024, 49 TexReg 5507

Entered: April 15, 2025

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
  
(a) The placement decision— 
. . . 
   (2) Is made in conformity with the LRE provisions of this subpart, including §§300.114 through 300.118; 
. . . 


Last Amended:  71 FR 46753, Aug. 14, 2006 
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
. . . 
(b) The child’s placement— 
    (1) Is determined at least annually;
   (2) Is based on the child’s IEP; and
   (3) Is as close as possible to the child’s home; 
. . . 


Last Amended:  71 FR 46753, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
. . . 
(b) The child’s placement— 
    (1) Is determined at least annually; 
. . . 


Last Amended:  71 FR 46753, Aug. 14, 2006
Entered:  May 28, 2009
  

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
. . .   
(b) The child’s placement— 
. . . 
   (2) Is based on the child’s IEP; and 
. . . 


Last Amended:  71 FR 46753, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
. . .  
(b) The child’s placement— 
. . . 
(3) Is as close as possible to the child’s home; 
. . .  


Last Amended:  71 FR 46753, Aug. 14, 2006 
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
. . .    
(c) Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled; 
. . . 


Last Amended:  71 FR 46753, 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— 
. . . 
    (5) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in paragraph (a)(4) of 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— 
. . . 
    (5) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in paragraph (a)(4) of 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— 
. . . 
       (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

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

. . . 
(e) Each school district must develop a process to be used by a teacher who instructs a student with a disability in a general education classroom setting:
. . . 

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .

(e) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education and related services and shall include the following.

. . .

Last amended:  August 22, 2024, 49 TexReg 6198

Entered: March 3, 2025

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .

(e) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education and related services and shall include the following.

(1) Mainstream. This instructional arrangement/setting is for providing special education and related services to a student in the general education classroom in accordance with the student's IEP. Qualified special education personnel must be involved in the implementation of the student's IEP through the provision of direct, indirect, and/or support services to the student and/or the student's general education classroom teacher(s) necessary to enrich the general education classroom and enable student success. The student's IEP must specify the services that will be provided by qualified special education personnel to enable the student to appropriately progress in the general education curriculum and/or appropriately advance in achieving the goals set out in the student's IEP. Examples of services provided in this instructional arrangement include, but are not limited to, direct instruction, helping teacher, team teaching, co-teaching, interpreter, educational aides, curricular or instructional modifications/accommodations, special materials/equipment, positive classroom behavioral interventions and supports, consultation with the student and his/her general education classroom teacher(s) regarding the student's progress in general education classes, staff development, and reduction of ratio of students to instructional staff. Monitoring student progress in and of itself is not a special education service; this cannot be listed as the only specially designed instruction documented in a student's IEP.

. . .

Last amended: August 22, 2024, 49 TexReg 6198

Entered: February 11, 2025

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .

   (e) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education and related services and shall include the following.

   . . .

   (2) Homebound. This instructional arrangement/setting, also referred to as home-based instruction, is for providing special education and related services to students who are served at their home for the following reasons.

      . . .

Amended to be effective August 22, 2024, 49 TexReg 6198

Entered: August 27, 2024

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .

(e) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education and related services and shall include the following.

 (3) Hospital class. This instructional arrangement/setting is for providing special education and related services by school district personnel:

(A) at a hospital or other medical facility; or

(B) at a residential care and treatment facility not operated by the school district. If a student residing in the facility is provided special education and related services at a school district campus but the student's parent is not a school district resident, the student is considered to be in the residential care and treatment facility instructional arrangement/setting. If a student residing in the facility is provided special education and related services at a school district campus and the parent, including a surrogate parent, is a school district resident, the student's instructional arrangement/setting would be assigned based on the services that are provided at the campus on the same basis as a resident student residing with his or her parents.

. . .

Last amended: August 22, 2024, 49 TexReg 6198

Entered: February 11, 2025

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .

(e) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education and related services and shall include the following.

. . .

 (4) Speech therapy. This instructional arrangement/setting is for providing speech therapy services whether in a general education classroom or in a setting other than a general education classroom.

    (A) When the only special education service provided to a student is speech therapy, then this instructional arrangement may not be combined with any other instructional arrangement. If a student's IEP indicates that a special education teacher is involved in the implementation of the student's IEP but there is no indication of how that teacher provides a special education service, the student is in the speech therapy instructional arrangement/setting.

(B) When a student receives speech therapy and a related service but no other special education service, the student is in the speech therapy instructional arrangement/setting.

. . .

Last amended: August 22, 2024, 49 TexReg 6198

Entered: February 11, 2025

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .

(e) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education and related services and shall include the following.

. . .

 (5) Resource room/services. This instructional arrangement/setting is for providing special education and related services to a student in a setting other than general education for less than 50% of the regular school day. For funding purposes, this will be differentiated between the provision of special education and related services to a student in a setting other than general education for less than 21% of the instructional day and special education and related services provided to a student in a setting other than general education for at least 21% of the instructional day but less than 50% of the instructional day.

. . .

Last amended: August 22, 2024, 49 TexReg 6198

Entered: February 11, 2025

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .

(e) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education and related services and shall include the following.

. . .

  (6) Self-contained (mild, moderate, or severe) regular campus. This instructional arrangement/setting is for providing special education and related services to a student who is in a setting other than general education for 50% or more of the regular school day on a regular school campus. For funding purposes, mild/moderate will be considered at least 50% but no more than 60% of the student's instructional day, and severe will be considered more than 60% of the student's instructional day.
. . .

Last amended: August 22, 2024, 49 TexReg 6198

Entered: February 11, 2025

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .

(e) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education and related services and shall include the following.

. . .

(7) Off-home campus. This instructional arrangement/setting is for providing special education and related services to the following:

(A) a student at South Texas Independent School District or Windham School District;

(B) a student who is one of a group of students from one or more school districts served in a single location in another school district when a FAPE is not available in the sending district; (C) a student in a community setting, facility, or environment operated by a school district that prepares the student for postsecondary education/training, competitive integrated employment, and/or independent living in coordination with the student's individual transition goals and objectives;D) a student in a community setting or environment not operated by a school district that prepares the student for postsecondary education/training, competitive integrated employment, and/or independent living in coordination with the student's individual transition goals, with regularly scheduled instruction or direct involvement provided by school district personnel;

(E) a student in a facility not operated by a school district with instruction provided by school district personnel; or

(F) a student in a self-contained program at a separate campus operated by the school district that provides only special education and related services.

. . .

Last amended: August 22, 2024, 49 TexReg 6198

Entered: February 11, 2025

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .

(e) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education and related services and shall include the following.

. . .

 (8) Nonpublic day school. This instructional arrangement/setting is for providing special education and related services to students through a contractual agreement with a nonpublic school when the school district is unable to provide a FAPE for the student. This instructional arrangement/setting includes the providers listed in §89.1094 of this title (relating to Contracting for Nonpublic or Non-District Operated Day Placements for the Provision of FAPE).

. . .

Last amended: August 22, 2024, 49 TexReg 6198

Entered: February 11, 2025

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .

(e) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education and related services and shall include the following.

. . .

  (9) Vocational adjustment class. Although referred to as a class, this instructional arrangement/setting is a support program for providing special education and related services to a student who is placed on a job (paid or unpaid unless otherwise prohibited by law) with regularly scheduled direct involvement by special education personnel in the implementation of the student's IEP. This instructional arrangement/setting shall be used in conjunction with the student's transition plan, as documented in the student's IEP, and may include special education services received in career and technical education work-based learning programs.

. . .

Last amended: August 22, 2024, 49 TexReg 6198

Entered: February 11, 2025

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .

(e) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education and related services and shall include the following.

. . .

   (10) Residential care and treatment facility (not school district resident). For purposes of this section, residential care and treatment facility refers to a facility at which a student with a disability currently resides, who was not placed at the facility by the student's ARD committee, and whose parent or guardian does not reside in the district providing educational services to the student. This instructional arrangement/setting is for providing special education and related services to a student on a school district campus who resides in a residential care and treatment facility and whose parents do not reside within the boundaries of the school district that is providing educational services to the student. If the instruction is provided at the facility, rather than on a school district campus, the instructional arrangement is considered to be the hospital class arrangement/setting rather than this instructional arrangement, or if the student resides at a state-supported living center, the instructional arrangement will be considered the state school arrangement/setting. Students with disabilities who reside in these facilities may be included in the average daily attendance of the district in the same way as all other students receiving special education.

. . .

Last amended: August 22, 2024, 49 TexReg 6198

Entered: February 11, 2025

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .

(e) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education and related services and shall include the following.

. . .

    (11) State-supported living center (referred to as state school in TEC, §48.102). This instructional arrangement/setting is for providing special education and related services to a student who resides at a state-supported living center when the services are provided at the state-supported living center location. If services are provided on a local school district campus, the student is considered to be served in the residential care and treatment facility arrangement/setting.

. . .

Last amended: August 22, 2024, 49 TexReg 6198

Entered: February 11, 2025

34 Code of Federal Regulations § 300.101  Free appropriate public education (FAPE).   

(a) General.  
A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in §300.530(d).  
. . . 


Last Amended:  71 FR 46753, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.101  Free appropriate public education (FAPE).    

. . . 
(b) FAPE for children beginning at age 3.
    (1) Each State must ensure that—   
       (i) The obligation to make FAPE available to each eligible child residing in the State begins no later than the child’s third birthday; and   
       (ii) An IEP or an IFSP is in effect for the child by that date, in accordance with §300.323(b).   
    (2) If a child’s third birthday occurs during the summer, the child’s IEP Team shall determine the date when services under the IEP or IFSP will begin.  
. . . 


Last Amended:  71 FR 46753, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.102  Limitation—exception to FAPE for certain ages.  

(a) General. The obligation to make FAPE available to all children with disabilities does not apply with respect to the following:   
(1) Children aged 3, 4, 5, 18, 19, 20, or 21 in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children of those ages.  
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
 
(a) The placement decision— 
   (1) Is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and
   (2) Is made in conformity with the LRE provisions of this subpart, including §§300.114 through 300.118; 
 
(b) The child's placement— 
   (1) Is determined at least annually;
   (2) Is based on the child’s IEP; and
   (3) Is as close as possible to the child’s home; 
 
(c) Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled; 

(d) In selecting the LRE, consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs; and 

(e) A child with a disability is not removed from education in age appropriate regular classrooms solely because of needed modifications in the general education curriculum.


Last Amended:  71 FR 46753, Aug. 14, 2006
Entered:  May 28, 2009

19 Texas Administrative Code §75.1023. Provisions for Individuals Who Are Members of Special Populations.   

. . . 
(c)  A student with a disability shall be instructed in accordance with the student's individualized education program (IEP) in the least restrictive environment, as determined by the admission, review, and dismissal (ARD) committee. If a student is unable to receive a free appropriate public education (educational benefit) in a regular career and technical education program, using supplementary aids and services, the student may be served in separate programs designed to address the student's occupational/training needs, such as career and technical education for students with disabilities programs. 
. . . 


Last Amended:   July 12, 2012, 37 TexReg 5132.  
Entered: Jan. 7, 2013

19 Texas Administrative Code §75.1023. Provisions for Individuals Who Are Members of Special Populations.   

. . . 
(d)  A student with a disability identified in accordance with provisions of Public Law 105-302 and the IDEA of 2004, 20 USC, §§1400-1491o, is an eligible participant in career and technical education when the requirements of this subsection are met.
. . . 
(6)  When determining placement in a career and technical education classroom, the ARD committee shall consider a student's graduation plan, the content of the IEP, including the consideration of transition services, and classroom supports. Enrollment numbers should not create a harmful effect on student learning for a student with or without disabilities in accordance with the provisions in the IDEA of 2004, 20 USC, §§1400-1491o, and its implementing regulations. 


Last Amended:   July 12, 2012, 37 TexReg 5132.  
Entered: Jan. 7, 2013

19 Texas Administrative Code §75.1023. Provisions for Individuals Who Are Members of Special Populations.   

. . . 
(d)  A student with a disability identified in accordance with provisions of Public Law 105-302 and the IDEA of 2004, 20 USC, §§1400-1491o, is an eligible participant in career and technical education when the requirements of this subsection are met.
. . . 
(6)  When determining placement in a career and technical education classroom, the ARD committee shall consider a student's graduation plan, the content of the IEP, including the consideration of transition services, and classroom supports. Enrollment numbers should not create a harmful effect on student learning for a student with or without disabilities in accordance with the provisions in the IDEA of 2004, 20 USC, §§1400-1491o, and its implementing regulations. 


Last Amended:   July 12, 2012, 37 TexReg 5132.  
Entered: Jan. 7, 2013

19 Texas Administrative Code § 89.1080. Regional Day School Program for the Deaf.

In accordance with Texas Education Code, §§30.081-30.087, local school districts shall have access to regional day school programs for the deaf operated by school districts at sites previously established by the State Board of Education. Any student who is deaf or hard of hearing with a disability that severely impairs processing linguistic information through hearing, even with recommended amplification, and that adversely affects educational performance shall be eligible for consideration for the Regional Day School Program for the Deaf, subject to the admission, review, and dismissal committee recommendations.


Last Amended: January 18, 2023, 48 TexReg 133.
Entered: January 28, 2026

19 Texas Administrative Code § 89.1080. Regional Day School Program for the Deaf.

In accordance with Texas Education Code, §§30.081-30.087, local school districts shall have access to regional day school programs for the deaf operated by school districts at sites previously established by the State Board of Education. Any student who is deaf or hard of hearing with a disability that severely impairs processing linguistic information through hearing, even with recommended amplification, and that adversely affects educational performance shall be eligible for consideration for the Regional Day School Program for the Deaf, subject to the admission, review, and dismissal committee recommendations.


Last Amended: January 18, 2023, 48 TexReg 133.
Entered: January 28, 2026

19 Texas Administrative Code § 89.1080. Regional Day School Program for the Deaf.

In accordance with Texas Education Code, §§30.081-30.087, local school districts shall have access to regional day school programs for the deaf operated by school districts at sites previously established by the State Board of Education. Any student who is deaf or hard of hearing with a disability that severely impairs processing linguistic information through hearing, even with recommended amplification, and that adversely affects educational performance shall be eligible for consideration for the Regional Day School Program for the Deaf, subject to the admission, review, and dismissal committee recommendations.


Last Amended: January 18, 2023, 48 TexReg 133.
Entered: January 28, 2026

 

PGC Network: Least Restrictive Environment (Region 20 ESC)

Preschool Least Restrictive Environment (PLRE) Document (TEA/Region 20 ESC)

OSEP Letter to Anderson (December 4, 2012)

OSEP Letter to Anonymous (March 30, 2009)

OSEP Letter to Wohle (February 1, 2008)

Daniel R.R. v. State Board Of Education, 874 F.2d 1036 (5th Cir. 1989)

R.H. v. Plano Independent School Dist., 607 F. 3d 1003 (5th Cir. 2010)

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

OSERS Dear Colleague Letter on Children with Disabilities Residing in Nursing Homes (April 26, 2016)

Richardson Indep. School Dist. v. Michael Z., 580 F. 3d 286 (5th Cir. 2009)

OSEP POLICY LETTER: April 7, 2022 to Tymeson