SCHOOL PERSONNEL AND THE INDIVIDUALIZED EDUCATION PROGRAM

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 § 300.323  When IEPs must be in effect. 

. . . 
(d) Accessibility of child’s IEP to teachers and others. Each public agency must ensure that— 
    (1) The child’s IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and 
    (2) Each teacher and provider described in paragraph (d)(1) of this section is informed of— 
       (i) His or her specific responsibilities related to implementing the child’s IEP; and 
       (ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP. 
. . . 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

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

. . . 
(c)  Each school district must ensure that each teacher who provides instruction to a student with disabilities: 
(1)  has access to relevant sections of the student's current IEP; 
(2)  is informed of the teacher's specific responsibilities related to implementation of the IEP, such as goals and objectives, and of needed accommodations, modifications, and supports for the student; and 
(3)  has an opportunity to request assistance regarding implementation of the student's IEP. 
. . . 


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

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(d) Accessibility of child’s IEP to teachers and others. Each public agency must ensure that— 
    (1) The child’s IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and 
. . . 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

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

. . . 
(c)  Each school district must ensure that each teacher who provides instruction to a student with disabilities: 
(1)  has access to relevant sections of the student's current IEP; 
. . . 


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

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(d) Accessibility of child’s IEP to teachers and others. Each public agency must ensure that— 
. . . 
    (2) Each teacher and provider described in paragraph (d)(1) of this section is informed of— 
       (i) His or her specific responsibilities related to implementing the child’s IEP; and 
       (ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP. 
. . . 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

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

. . . 
(c)  Each school district must ensure that each teacher who provides instruction to a student with disabilities: 
. . .  
(2)  is informed of the teacher's specific responsibilities related to implementation of the IEP, such as goals and objectives, and of needed accommodations, modifications, and supports for the student; and 
. . . 


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

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(d) Accessibility of child’s IEP to teachers and others. Each public agency must ensure that— 
. . . 
     (2) Each teacher and provider described in paragraph (d)(1) of this section is informed of— 
        (i) His or her specific responsibilities related to implementing the child’s IEP; and 
. . . 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

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

. . . 
(c)  Each school district must ensure that each teacher who provides instruction to a student with disabilities: 
. . .  
(2)  is informed of the teacher's specific responsibilities related to implementation of the IEP, such as goals and objectives, and of needed accommodations, modifications, and supports for the student; and 
. . . 


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

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(d) Accessibility of child’s IEP to teachers and others. Each public agency must ensure that— 
. . . 
     (2) Each teacher and provider described in paragraph (d)(1) of this section is informed of— 
. . . 
        (ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP. 
. . . 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

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

. . . 
(c)  Each school district must ensure that each teacher who provides instruction to a student with disabilities: 
. . .  
(2)  is informed of the teacher's specific responsibilities related to implementation of the IEP, such as goals and objectives, and of needed accommodations, modifications, and supports for the student; and 
. . . 


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. 

. . . 
(c)  Each school district must ensure that each teacher who provides instruction to a student with disabilities: 
. . . 
(3)  has an opportunity to request assistance regarding implementation of 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. 

. . . 
(d)  Each school district must develop a process to be used by a teacher who instructs a student with a disability in a regular classroom setting: 
(1)  to request a review of the student's IEP; 
(2)  to provide input in the development of the student's IEP; 
(3)  that provides for a timely district response to the teacher's request; and 
(4)  that provides for notification to the student's parent or legal guardian of that response.
. . . 

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

Texas Education Code § 29.001. Statewide Plan.   

The agency shall develop, and modify as necessary, a statewide design, consistent with federal law, for the delivery of services to children with disabilities in this state that includes rules for the administration and funding of the special education program so that a free appropriate public education is available to all of those children between the ages of three and 21.  The statewide design shall include the provision of services primarily through school districts and shared services arrangements, supplemented by regional education service centers.  The agency shall also develop and implement a statewide plan with programmatic content that includes procedures designed to:
. . . 
(11)  ensure that each district develops a process to be used by a teacher who instructs a student with a disability in a regular classroom setting:
(A)  to request a review of the student's individualized education program;
(B)  to provide input in the development of the student's individualized education program;
(C)  that provides for a timely district response to the teacher's request; and
(D)  that provides for notification to the student's parent or legal guardian of that response.

Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.023, eff. September 1, 2019
Entered: February 24, 2022

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

. . . 
(d)  Each school district must develop a process to be used by a teacher who instructs a student with a disability in a regular classroom setting: 
(1)  to request a review of the student's IEP; 


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

Texas Education Code § 29.001. Statewide Plan.   

The agency shall develop, and modify as necessary, a statewide design, consistent with federal law, for the delivery of services to children with disabilities in this state that includes rules for the administration and funding of the special education program so that a free appropriate public education is available to all of those children between the ages of three and 21.  The statewide design shall include the provision of services primarily through school districts and shared services arrangements, supplemented by regional education service centers.  The agency shall also develop and implement a statewide plan with programmatic content that includes procedures designed to:
. . . 
(11)  ensure that each district develops a process to be used by a teacher who instructs a student with a disability in a regular classroom setting:
(A)  to request a review of the student's individualized education program;
. . . 

Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.023, eff. September 1, 2019
Entered: February 24, 2022

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

. . . 
(d)  Each school district must develop a process to be used by a teacher who instructs a student with a disability in a regular classroom setting: 
. . . 
(2)  to provide input in the development of the student's IEP; 
. . . 


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

Texas Education Code § 29.001. Statewide Plan.   

The agency shall develop, and modify as necessary, a statewide design, consistent with federal law, for the delivery of services to children with disabilities in this state that includes rules for the administration and funding of the special education program so that a free appropriate public education is available to all of those children between the ages of three and 21.  The statewide design shall include the provision of services primarily through school districts and shared services arrangements, supplemented by regional education service centers.  The agency shall also develop and implement a statewide plan with programmatic content that includes procedures designed to:
. . . 
(11)  ensure that each district develops a process to be used by a teacher who instructs a student with a disability in a regular classroom setting:
. . .    
    (B)  to provide input in the development of the student's individualized education program;
. . . 

Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.023, eff. September 1, 2019
Entered: February 24, 2022

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

. . . 
(d)  Each school district must develop a process to be used by a teacher who instructs a student with a disability in a regular classroom setting: 
. . . 
(3)  that provides for a timely district response to the teacher's request; and
. . .  

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

Texas Education Code § 29.001. Statewide Plan.   

The agency shall develop, and modify as necessary, a statewide design, consistent with federal law, for the delivery of services to children with disabilities in this state that includes rules for the administration and funding of the special education program so that a free appropriate public education is available to all of those children between the ages of three and 21.  The statewide design shall include the provision of services primarily through school districts and shared services arrangements, supplemented by regional education service centers.  The agency shall also develop and implement a statewide plan with programmatic content that includes procedures designed to:
. . . 
(11)  ensure that each district develops a process to be used by a teacher who instructs a student with a disability in a regular classroom setting:
. . . 
    (C)  that provides for a timely district response to the teacher's request; and . . .

Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.023, eff. September 1, 2019
Entered: February 24, 2022

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

. . . 
(d)  Each school district must develop a process to be used by a teacher who instructs a student with a disability in a regular classroom setting: 
. . . 
(4)  that provides for notification to the student's parent or legal guardian of that response. 
. . . 

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

Texas Education Code § 29.001. Statewide Plan.   

The agency shall develop, and modify as necessary, a statewide design, consistent with federal law, for the delivery of services to children with disabilities in this state that includes rules for the administration and funding of the special education program so that a free appropriate public education is available to all of those children between the ages of three and 21.  The statewide design shall include the provision of services primarily through school districts and shared services arrangements, supplemented by regional education service centers.  The agency shall also develop and implement a statewide plan with programmatic content that includes procedures designed to:
. . . 
(11)  ensure that each district develops a process to be used by a teacher who instructs a student with a disability in a regular classroom setting:
    . . . 
    (D) that provides for notification to the student's parent or legal guardian of that response.
Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.023, eff. September 1, 2019
Entered: February 24, 2022

OSERS POLICY LETTER: September 24, 2021 to Frumkin