CHILD FIND DUTY

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.111  Child find.

(a) General.  
    (1) The State must have in effect policies and procedures to ensure that—   
       (i) All children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated; and   
. . . 


Last Amended:  71 FR 46764, Aug. 14, 2006
Entered:  May 28, 2009

 

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.   
. . . 


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

 

34 Code of Federal Regulations § 300.39  Special education.   

. . . 
(b) Individual special education terms defined. The terms in this definition are defined as follows:   
. . . 
    (3) Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction—   
       (i) To address the unique needs of the child that result from the child’s disability; and   
       (ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.   
. . . 


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

34 Code of Federal Regulations § 300.39  Special education.   

. . . 
(b) Individual special education terms defined. The terms in this definition are defined as follows:   
. . . 
    (3) Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction—   
       (i) To address the unique needs of the child that result from the child’s disability; and   
. . . 


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

34 Code of Federal Regulations § 300.39  Special education.   

. . . 
(b) Individual special education terms defined. The terms in this definition are defined as follows:   
. . . 
    (3) Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction—   
. . .   
       (ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.   
. . . 


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

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 § 300.8  Child with a disability. 

(a) General. 
   (1) Child with a disability means a child evaluated in accordance with §§300.304 through 300.311 as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as ‘‘emotional disturbance’’ ), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

Texas Government Code § 392.002.  Use of Person First Respectful Language Required. 

(a)  The legislature and the Texas Legislative Council are directed to avoid using the following terms and phrases in any new statute or resolution and to change those terms and phrases used in any existing statute or resolution as sections including those terms and phrases are otherwise amended by law:
(1)  disabled;
(2)  developmentally disabled;
(3)  mentally disabled;
(4)  mentally ill;
(5)  mentally retarded;
(6)  handicapped;
(7)  cripple; and
(8)  crippled.

(b)  In enacting or revising statutes or resolutions, the legislature and the Texas Legislative Council are directed to replace, as appropriate, terms and phrases listed by Subsection (a) with the following preferred phrases or appropriate variations of those phrases:
(1)  "persons with disabilities";
(2)  "persons with developmental disabilities";
(3)  "persons with mental illness"; and
(4)  "persons with intellectual disabilities."

(b-1)  In addition to the terms and phrases listed in Subsection (a), the legislature and the Texas Legislative Council are directed to avoid using in any new statute or resolution "hearing impaired," "auditory impairment," and "speech impaired" in reference to a deaf or hard of hearing person, and the legislature and the Texas Legislative Council are directed to replace, when enacting or revising a statute or resolution, those phrases with "deaf" or "hard of hearing," as appropriate.

(c)  A statute or resolution is not invalid solely because it does not employ this section's preferred phrases.  
                                                          

Last Amended: 86th Leg., R.S., Ch. 233, Sec. 1, eff. September 1, 2019
Entered:  Sept. 10, 2019

34 Code of Federal Regulations § 300.111  Child find.

(a) General.  
    (1) The State must have in effect policies and procedures to ensure that—   
       (i) All children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated; and   
. . . 


Last Amended:  71 FR 46764, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.111  Child find.

(a) General.  
    (1) The State must have in effect policies and procedures to ensure that—   
       (i) All children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated; and   
. . . 


Last Amended:  71 FR 46764, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.19  Homeless children. 

Homeless children has the meaning given the term homeless children and youths in section 725 (42 U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431 et seq.


Last Amended:  71 FR 46759, Aug. 14, 2006
Entered:  June 8, 2009
SBS

42 United States Code § 11434a. Definitions.

For purposes of this part: 
   (1) The terms "enroll" and "enrollment" include attending classes and participating fully in school activities.
   (2) The term "homeless children and youths"-
     (A) means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of section 11302(a)(1) of this title); and 
     (B) includes-
         (i) children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals; 
         (ii) children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of section 11302(a)(2)(C) of this title); 
         (iii) children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
         (iv) migratory children (as such term is defined in section 6399 of title 20) who qualify as homeless for the purposes of this part because the children are living in circumstances described in clauses (i) through (iii). 
   (3) The terms "local educational agency" and "State educational agency" have the meanings given such terms in section 7801 of title 20.
   (4) The term "Secretary" means the Secretary of Education. 
   (5) The term "State" means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
   (6) The term "unaccompanied youth" includes a homeless child or youth not in the physical custody of a parent or guardian.


Last Amended:  Pub. L. 114–95, title IX, §§9105(a), 9215(zz), Dec. 10, 2015, 129 Stat. 2136 , 2184
Entered:  June 16, 2016

34 Code of Federal Regulations § 300.111  Child find.

(a) General.  
    (1) The State must have in effect policies and procedures to ensure that—   
       (i) All children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated; and   
. . . 


Last Amended:  71 FR 46764, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.131  Child find for parentally-placed private school children with disabilities.  

(a) General. Each LEA must locate, identify, and evaluate all children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA, in accordance with paragraphs (b) through (e) of this section, and §§300.111 and 300.201.  

(b) Child find design. The child find process must be designed to ensure—   
   (1) The equitable participation of parentally-placed private school children; and   
   (2) An accurate count of those children.  

(c) Activities. In carrying out the requirements of this section, the LEA, or, if applicable, the SEA, must undertake activities similar to the activities undertaken for the agency’s public school children.  

(d) Cost. The cost of carrying out the child find requirements in this section, including individual evaluations, may not be considered in determining if an LEA has met its obligation under §300.133.  

(e) Completion period. The child find process must be completed in a time period comparable to that for students attending public schools in the LEA consistent with §300.301.  

(f) Out-of-State children. Each LEA in which private, including religious, elementary schools and secondary schools are located must, in carrying out the child find requirements in this section, include parentally-placed private school children who reside in a State other than the State in which the private schools that they attend are located.


Last Amended:  71 FR 46766, Aug. 14, 2006
Entered:  May 28, 2009
SBS

34 Code of Federal Regulations § 300.173  Overidentification and disproportionality. 

The State must have in effect, consistent with the purposes of this part and with section 618(d) of the Act, policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment described in §300.8.


Last Amended:  71 FR 46775, Aug. 14, 2006
Entered:  May 28, 2009
SBS

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation.


(a)  Referral of students for a full individual and initial evaluation for possible special education services must be a part of the district's overall, general education referral or screening system. Students experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial; remedial; compensatory; response to evidence-based intervention; and other academic or behavior support services. A student is not required to be provided with interventions for any specific length of time prior to a referral being made or a full individual and initial evaluation being conducted.If the student continues to experience difficulty in the general classroom with the provision of interventions, district personnel must refer the student for a full individual and initial evaluation. A referral for a full individual and initial evaluation may be initiated at any time by school personnel, the student's parents or legal guardian, or another person involved in the education or care of the student.
. . . 
 

Last Amended:  March 14, 2021, 46 TexReg 1466
Entered: October 18, 2021

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation.


(a)  Referral of students for a full individual and initial evaluation for possible special education services must be a part of the district's overall, general education referral or screening system. Students experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial; remedial; compensatory; response to evidence-based intervention; and other academic or behavior support services. A student is not required to be provided with interventions for any specific length of time prior to a referral being made or a full individual and initial evaluation being conducted.If the student continues to experience difficulty in the general classroom with the provision of interventions, district personnel must refer the student for a full individual and initial evaluation. A referral for a full individual and initial evaluation may be initiated at any time by school personnel, the student's parents or legal guardian, or another person involved in the education or care of the student.
. . . 
 

Last Amended:  March 14, 2021, 46 TexReg 1466
Entered: October 18, 2021

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation.


(a)  Referral of students for a full individual and initial evaluation for possible special education services must be a part of the district's overall, general education referral or screening system. Students experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial; remedial; compensatory; response to evidence-based intervention; and other academic or behavior support services. A student is not required to be provided with interventions for any specific length of time prior to a referral being made or a full individual and initial evaluation being conducted.If the student continues to experience difficulty in the general classroom with the provision of interventions, district personnel must refer the student for a full individual and initial evaluation. A referral for a full individual and initial evaluation may be initiated at any time by school personnel, the student's parents or legal guardian, or another person involved in the education or care of the student.
. . . 
 

Last Amended:  March 14, 2021, 46 TexReg 1466
Entered: October 18, 2021

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation.


(a)  Referral of students for a full individual and initial evaluation for possible special education services must be a part of the district's overall, general education referral or screening system. Students experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial; remedial; compensatory; response to evidence-based intervention; and other academic or behavior support services. A student is not required to be provided with interventions for any specific length of time prior to a referral being made or a full individual and initial evaluation being conducted.If the student continues to experience difficulty in the general classroom with the provision of interventions, district personnel must refer the student for a full individual and initial evaluation. A referral for a full individual and initial evaluation may be initiated at any time by school personnel, the student's parents or legal guardian, or another person involved in the education or care of the student.
. . . 
 

Last Amended:  March 14, 2021, 46 TexReg 1466
Entered: October 18, 2021

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation.


(a)  Referral of students for a full individual and initial evaluation for possible special education services must be a part of the district's overall, general education referral or screening system. Students experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial; remedial; compensatory; response to evidence-based intervention; and other academic or behavior support services. A student is not required to be provided with interventions for any specific length of time prior to a referral being made or a full individual and initial evaluation being conducted.If the student continues to experience difficulty in the general classroom with the provision of interventions, district personnel must refer the student for a full individual and initial evaluation. A referral for a full individual and initial evaluation may be initiated at any time by school personnel, the student's parents or legal guardian, or another person involved in the education or care of the student.
. . . 
 

Last Amended:  March 14, 2021, 46 TexReg 1466
Entered: October 18, 2021

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation.


(a)  Referral of students for a full individual and initial evaluation for possible special education services must be a part of the district's overall, general education referral or screening system. Students experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial; remedial; compensatory; response to evidence-based intervention; and other academic or behavior support services. A student is not required to be provided with interventions for any specific length of time prior to a referral being made or a full individual and initial evaluation being conducted.If the student continues to experience difficulty in the general classroom with the provision of interventions, district personnel must refer the student for a full individual and initial evaluation. A referral for a full individual and initial evaluation may be initiated at any time by school personnel, the student's parents or legal guardian, or another person involved in the education or care of the student.
. . . 
 

Last Amended:  March 14, 2021, 46 TexReg 1466
Entered: October 18, 2021

Texas Education Code § 26.004. Access to Student Records.   

(a)  In this section, "intervention strategy" means a strategy in a multi-tiered system of supports that is above the level of intervention generally used in that system with all children. The term includes response to intervention and other early intervening strategies.
. . . 



Last Amended: 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 2, eff. June 12, 2017 
Entered: Aug. 4, 2017   

Texas Education Code § 26.0081. Right to Information Concerning Special Education and Education of Students with Learning Difficulties. 

. . . 
(d)  Each school year, each school district shall notify a parent of each child, other than a child enrolled in a special education program under Subchapter A, Chapter 29, who receives assistance from the district for learning difficulties, including through the use of intervention strategies, as that term is defined by Section 26.004, that the district provides that assistance to the child.  The notice must:
(1)  be provided when the child begins to receive the assistance for that school year;
(2)  be written in English or, to the extent practicable, the parent's native language; and
(3)  include:
(A)  a reasonable description of the assistance that may be provided to the child, including any intervention strategies that may be used;
(B)  information collected regarding any intervention in the base tier of a multi-tiered system of supports that has previously been used with the child;
(C)  an estimate of the duration for which the assistance, including through the use of intervention strategies, will be provided;
(D)  the estimated time frames within which a report on the child's progress with the assistance, including any intervention strategies used, will be provided to the parent; and
(E)  a copy of the explanation provided under Subsection (c).
Last Amended: 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 3, eff. June 12, 2017
Entered: February 24, 2022

Texas Education Code § 26.0081. Right to Information Concerning Special Education and Education of Students with Learning Difficulties. 

. . . 
(d)  Each school year, each school district shall notify a parent of each child, other than a child enrolled in a special education program under Subchapter A, Chapter 29, who receives assistance from the district for learning difficulties, including through the use of intervention strategies, as that term is defined by Section 26.004, that the district provides that assistance to the child.  The notice must:
(1)  be provided when the child begins to receive the assistance for that school year;
. . .  Last Amended: 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 3, eff. June 12, 2017
Entered: February 24, 2022

Texas Education Code § 26.0081. Right to Information Concerning Special Education and Education of Students with Learning Difficulties. 

. . . 
(d)  Each school year, each school district shall notify a parent of each child, other than a child enrolled in a special education program under Subchapter A, Chapter 29, who receives assistance from the district for learning difficulties, including through the use of intervention strategies, as that term is defined by Section 26.004, that the district provides that assistance to the child.  The notice must:
. . . 
(2)  be written in English or, to the extent practicable, the parent's native language; and

Last Amended: 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 3, eff. June 12, 2017
Entered: February 24, 2022

Texas Education Code § 26.0081. Right to Information Concerning Special Education and Education of Students with Learning Difficulties. 

. . . 
(d)  Each school year, each school district shall notify a parent of each child, other than a child enrolled in a special education program under Subchapter A, Chapter 29, who receives assistance from the district for learning difficulties, including through the use of intervention strategies, as that term is defined by Section 26.004, that the district provides that assistance to the child. The notice must: 
. . . 
(3)  include: 
(A)  a reasonable description of the assistance that may be provided to the child, including any intervention strategies that may be used; 
Last Amended: 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 3, eff. June 12, 2017
Entered: Aug. 1, 2017

Texas Education Code § 26.0081. Right to Information Concerning Special Education and Education of Students with Learning Difficulties. 

. . . 
(d)  Each school year, each school district shall notify a parent of each child, other than a child enrolled in a special education program under Subchapter A, Chapter 29, who receives assistance from the district for learning difficulties, including through the use of intervention strategies, as that term is defined by Section 26.004, that the district provides that assistance to the child. The notice must: 
. . . 
(3)  include: 
. . . 
(B)  information collected regarding any intervention in the base tier of a multi-tiered system of supports that has previously been used with the child; 
Last Amended: 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 3, eff. June 12, 2017
Entered: Aug. 1, 2017

Texas Education Code § 26.0081. Right to Information Concerning Special Education and Education of Students with Learning Difficulties. 

. . . 
(d)  Each school year, each school district shall notify a parent of each child, other than a child enrolled in a special education program under Subchapter A, Chapter 29, who receives assistance from the district for learning difficulties, including through the use of intervention strategies, as that term is defined by Section 26.004, that the district provides that assistance to the child. The notice must: 
. . . 
(3)  include: 
. . . 
(C)  an estimate of the duration for which the assistance, including through the use of intervention strategies, will be provided; 
Last Amended: 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 3, eff. June 12, 2017
Entered: Aug. 1, 2017

Texas Education Code § 26.0081. Right to Information Concerning Special Education and Education of Students with Learning Difficulties. 

. . . 
(d)  Each school year, each school district shall notify a parent of each child, other than a child enrolled in a special education program under Subchapter A, Chapter 29, who receives assistance from the district for learning difficulties, including through the use of intervention strategies, as that term is defined by Section 26.004, that the district provides that assistance to the child. The notice must: 
. . . 
(3)  include: 
. . . 
(D)  the estimated time frames within which a report on the child’s progress with the assistance, including any intervention strategies used, will be provided to the parent; and

Last Amended: 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 3, eff. June 12, 2017
Entered: Aug. 1, 2017

Texas Education Code § 26.0081. Right to Information Concerning Special Education and Education of Students with Learning Difficulties. 

. . . 
(d)  Each school year, each school district shall notify a parent of each child, other than a child enrolled in a special education program under Subchapter A, Chapter 29, who receives assistance from the district for learning difficulties, including through the use of intervention strategies, as that term is defined by Section 26.004, that the district provides that assistance to the child. The notice must: 
. . . 
(3)  include: 
. . . 
(E)  a copy of the explanation provided under Subsection (c). 
Last Amended: 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 3, eff. June 12, 2017
Entered: Aug. 1, 2017

Texas Education Code § 26.0081. Right to Information Concerning Special Education and Education of Students with Learning Difficulties. 

. . . 
(c)  The agency shall produce and provide to school districts a written explanation of the options and requirements for providing assistance to students who have learning difficulties or who need or may need special education.  The explanation must state that a parent is entitled at any time to request an evaluation of the parent's child for special education services under Section 29.004 or for aids, accommodations, or services under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).  Each school year, each district shall provide the written explanation to a parent of each district student by including the explanation in the student handbook or by another means.
. . . 
Last Amended: 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 3, eff. June 12, 2017
Entered: February 24, 2022

Texas Education Code § 26.0081. Right to Information Concerning Special Education and Education of Students with Learning Difficulties. 

. . . 
(e)  The notice required under Subsection (d) may be provided to a child’s parent at a meeting of the team established for the child under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), if applicable.
Last Amended: 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 3, eff. June 12, 2017
Entered: Aug. 1, 2017

Texas Education Code § 29.023. Notice of Rights.  

(a) The agency shall develop a notice for distribution as provided by Subsection (c) and posting on the agency’s Internet website that indicates:  
(1)  the change made from 2016 to 2017 in reporting requirements for school districts and open-enrollment charter schools regarding the special education representation indicator adopted in the Performance-Based Monitoring Analysis System Manual; and  
(2)  in plain language, the rights of a child under both federal and state law and the general process available to initiate a referral of a child for a full individual and initial evaluation under Section 29.004 to determine the child’s eligibility for special education services. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 954 (S.B. 139), Sec. 1, eff. June 14, 2019
Entered: July 17, 2019

Texas Education Code § 29.023. Notice of Rights.  

(a) The agency shall develop a notice for distribution as provided by Subsection (c) and posting on the agency’s Internet website that indicates:  
(1)  the change made from 2016 to 2017 in reporting requirements for school districts and open-enrollment charter schools regarding the special education representation indicator adopted in the Performance-Based Monitoring Analysis System Manual; and  
. . .  


Last Amended: 86th Leg., R.S., Ch. 954 (S.B. 139), Sec. 1, eff. June 14, 2019
Entered: July 17, 2019

Texas Education Code § 29.023. Notice of Rights.  

(a) The agency shall develop a notice for distribution as provided by Subsection (c) and posting on the agency’s Internet website that indicates:  
. . .   
(2)  in plain language, the rights of a child under both federal and state law and the general process available to initiate a referral of a child for a full individual and initial evaluation under Section 29.004 to determine the child’s eligibility for special education services. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 954 (S.B. 139), Sec. 1, eff. June 14, 2019
Entered: July 17, 2019

Texas Education Code § 29.004. Full Individual and Initial Evaluation.  

(a) A written report of a full individual and initial evaluation of a student for purposes of special education services shall be completed as follows, except as otherwise provided by this section:
(1) not later than the 45th school  day following the date on which the school district, in accordance with 20 U.S.C. Section 1414(a), as amended, receives written consent for the evaluation, signed by the student's parent or legal guardian, except that if a student has been absent from school during that period on three or more days, that period must be extended by a number of school days equal to the number of school days during that period on which the student has been absent; or
(2) for students under five years of age by September 1 of the school year and not enrolled in public school and for students enrolled in a private or home school setting, not later than the 45th school day following the date on which the school district receives written consent for the evaluation, signed by a student’s parent or legal guardian.

(a-1) If a school district receives written consent signed by a student’s parent or legal guardian for a full individual and initial evaluation of a student at least 35 but less than 45 school days before the last instructional day of the school year, the evaluation must be completed and the written report of the evaluation must be provided to the parent or legal guardian not later than June 30 of that year. The student’s admission, review, and dismissal committee shall meet not later than the 15th school day of the following school year to consider the evaluation. If a district receives written consent signed by a student’s parent or legal guardian less than 35 school days before the last instructional day of the school year or if the district receives the written consent at least 35 but less than 45 school days before the last instructional day of the school year but the student is absent from school during that period on three or more days, Subsection (a)(1) applies to the date the written report of the full individual and initial evaluation is required.

(a-2) For purposes of this section, "school day" does not include a day that falls after the last instructional day of the spring school term and before the first instructional day of the subsequent fall school term. The commissioner by rule may determine days during which year-round schools are recessed that, consistent with this subsection, are not considered to be school days for purposes of this section.

(a-3) Subsection (a) does not impair any rights of an infant or toddler with a disability who is receiving early intervention services in accordance with 20 U.S.C. Section 1431.

(b)  The evaluation shall be conducted using procedures that are appropriate for the student's most proficient method of communication. 

(c) If a parent or legal guardian makes a written request to a school district’s director of special education services or to a district administrative employee for a full individual and initial evaluation of a student, the district shall, not later than the 15th school day after the date the district receives the request:
(1) provide an opportunity for the parent or legal guardian to give written consent for the evaluation; or
(2) refuse to provide the evaluation and provide the parent or legal guardian with notice of procedural safeguards under 20 U.S.C. Section 1415(b).


Last Amended: 83rd Leg., R.S., ch. 757, Sec. 1, eff. Sept. 1, 2013 
Entered: July 18, 2013
SBS

Texas Education Code § 29.023. Notice of Rights.  

. . . 
(b)  A school district or open-enrollment charter school shall include in the notice developed by the agency under Subsection (a) information indicating where the local processes and procedures for initiating a referral for special education services eligibility evaluation may be found. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 954 (S.B. 139), Sec. 1, eff. June 14, 2019
Entered: July 17, 2019

Texas Education Code § 29.023. Notice of Rights.  

. . . 
(c)  By a date established by the commissioner, each school district or open-enrollment charter school shall provide the notice to the parent of each child who attends school in the district or at the school at any time during the 2019-2020 school year. A school district or open-enrollment charter school shall also make the notice available on request to any person. The notice must be available in English and Spanish, and a school district or open-enrollment charter school shall make a good faith effort to provide the notice in the parent’s native language if the parent’s native language is a language other than English or Spanish. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 954 (S.B. 139), Sec. 1, eff. June 14, 2019
Entered: July 17, 2019

Texas Education Code § 29.023. Notice of Rights.  

. . . 
(c)  By a date established by the commissioner, each school district or open-enrollment charter school shall provide the notice to the parent of each child who attends school in the district or at the school at any time during the 2019-2020 school year. A school district or open-enrollment charter school shall also make the notice available on request to any person. The notice must be available in English and Spanish, and a school district or open-enrollment charter school shall make a good faith effort to provide the notice in the parent’s native language if the parent’s native language is a language other than English or Spanish. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 954 (S.B. 139), Sec. 1, eff. June 14, 2019
Entered: July 17, 2019

Texas Education Code § 29.023. Notice of Rights.  

. . . 
(c)  By a date established by the commissioner, each school district or open-enrollment charter school shall provide the notice to the parent of each child who attends school in the district or at the school at any time during the 2019-2020 school year. A school district or open-enrollment charter school shall also make the notice available on request to any person. The notice must be available in English and Spanish, and a school district or open-enrollment charter school shall make a good faith effort to provide the notice in the parent’s native language if the parent’s native language is a language other than English or Spanish. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 954 (S.B. 139), Sec. 1, eff. June 14, 2019
Entered: July 17, 2019

Sec. 37.006. REMOVAL FOR CERTAIN CONDUCT.

(a) Subject to the requirements of Section 37.009(a), a student shall be removed from class and placed in a disciplinary alternative education program as provided by Section 37.008 if the student: ...

(p) On the placement of a student in a disciplinary alternative education program under this section, the school district shall provide information to the student's parent or person standing in parental relation to the student regarding the process for requesting a full individual and initial evaluation of the student under Section 29.004.

Added by Acts 1995, 74th Leg. ... Sec. 9, eff. June 20, 2003.

Amended by: ...Acts 2023, 88th Leg., R.S., Ch. 542 (H.B. 3928), Sec. 4, eff. June 10, 2023. Acts 2023, 88th Leg., R.S., Ch. 797 (H.B. 114), Sec. 1, eff. September 1, 2023.

 

Sec. 37.023.  TRANSITION FROM ALTERNATIVE EDUCATION PROGRAM TO REGULAR CLASSROOM.  (a)  In this section: …

(1)  "Alternative education program" includes:

(c)  Not later than five instructional days after the date of a student's release from an alternative education program, the campus administrator shall coordinate the student's transition to a regular classroom.  The coordination must include assistance and recommendations from:

(1)  school counselors;

(2)  school district peace officers;

(3)  school resource officers;

(4)  licensed clinical social workers;

(5)  campus behavior coordinators;

(6)  classroom teachers who are or may be responsible for implementing the student's personalized transition plan developed under Subsection (d); and

(7)  any other appropriate school district personnel.

Added by Acts 2019, 86th Leg., R.S., Ch. 803 (H.B. 2184), Sec. 1, eff. June 10, 2019.

Amended by: Acts 2023, 88th Leg., R.S., Ch. 542 (H.B. 3928), Sec. 5, eff. June 10, 2023.

Section 37.023 - Transition From Alternative Education Program to Regular Classroom

(a) In this section: …

(d) The assistance required by Subsection (c) must include a personalized transition plan for the student developed by the campus administrator. A personalized transition plan:

(1) must include:…

(B) the provision of information to the student's parent or a person standing in parental relation to the student regarding the process to request a full individual and initial evaluation of the student for purposes of special education services under Section 29.004;

Amended by Acts 2023, Texas Acts of the 88th Leg.  Regular Session, ch. 542,Sec. 5, eff. 6/10/2023, app. beginning with the 2023-2024 school year.

 

 

Response to Intervention (TEA)

OSERS Letter to Morath with Monitoring Visit Letter Enclosure (January 11, 2018)
OSEP Memorandum 11-07

OSEP Letter to Ferrara (February 29, 2012)

Policy Letter 22-05: November 1, 2022, to Sharpless