Special Education Rules & Regulations CHANGE DOCUMENT

Transcription

1 Special Education Rules & Regulations CHANGE DOCUMENT Individuals with Disabilities Education Act State Board of Education Rules Commissioner's Rules Texas State Laws Texas Education Agency Division of IDEA Coordination Region 18 Education Service Center March 2012

2 EXPLANATION Type Citation # Page # AMENDED, ADDITION, or other Citation # and Title of previous Side by Side Citation # and Title of newest Side by Side revision xx (affected areas appear in bold); xx (affected areas appear in bold); (1) xx (1) xx. (2) xx (2) xx Region 18 ESC Change Document SBS March 2012 Page 2 of 22

3 TAC Page B 6-9 Page B AMENDED: Replace subsections: (1), (4)(A), and (2)(C) Last Amended: August 24, 2010, 35 TexReg Contracting for Residential Educational Placements for Students with Disabilities. Residential placement. A school district may contract for residential placement of a student when the student's admission, review, and dismissal (ARD) committee determines that a residential placement is necessary in order for the student to receive a free appropriate public education (FAPE). (1) A school district may contract for a residential placement of a student only with either public or private residential facilities which maintain current and valid licensure by the Texas Department of Mental Health and Mental Retardation, Texas Department of Human Services, Texas Department of Health, Texas Department of Protective and Regulatory Services, or Texas Council on Alcohol and Drug Abuse for the particular disabling condition and age of the student. A school district may contract for an out-of-state residential placement in accordance with the provisions of subsection (3) of this section. (4) The school district has the following responsibilities when making a residential placement. (A) Before the school district places a student with a disability in, or refers a student to, a residential facility, the district shall initiate and conduct a meeting of the student's ARD committee to develop an IEP for the student in accordance with 34 Code of Federal Regulations, , state statutes, and commissioner of education rules. Application approval process. Requests for approval of state and federal funding for residentially placed students shall be negotiated on an individual student basis through a residential application submitted by the school district to the TEA. (4) A residential application may be submitted for educational purposes only. The residential application shall not be approved if the application indicates that the:... (5) The residential placement, if approved by the TEA, shall be funded as follows: (C) funds generated by the formula for residential costs described in subsection (2)(B) of this section shall not exceed the daily rate recommended by the Texas Department of Protective and Regulatory Services for the specific level of care in which the student is placed Contracting for Residential Educational Placements for Students with Disabilities. Residential placement. A school district may contract for residential placement of a student when the student's admission, review, and dismissal (ARD) committee determines that a residential placement is necessary in order for the student to receive a free appropriate public education (FAPE). (1) A school district may contract for a residential placement of a student only with either public or private residential facilities which maintain current and valid licensure by the Texas Department of Aging and Disability Services, Texas Department of Family and Protective Services, or Department of State Health Services for the particular disabling condition and age of the student. A school district may contract for an out-of-state residential placement in accordance with the provisions of subsection (3) of this section. (4) The school district has the following responsibilities when making a residential placement. (A) Before the school district places a student with a disability in, or refers a student to, a residential facility, the district shall initiate and conduct a meeting of the student's ARD committee to develop an IEP for the student in accordance with 34 Code of Federal Regulations, , state statutes, and commissioner of education rules. Application approval process. Requests for approval of state and federal funding for residentially placed students shall be negotiated on an individual student basis through a residential application submitted by the school district to the TEA. (4) A residential application may be submitted for educational purposes only. The residential application shall not be approved if the application indicates that the:... (5) The residential placement, if approved by the TEA, shall be funded as follows: (C) funds generated by the formula for residential costs described in subsection (2)(B) of this section shall not exceed the daily rate recommended by the Texas Department of Family and Protective Services for the specific level of care in which the student is placed. Region 18 ESC Change Document SBS March 2012 Page 3 of 22

4 TAC Page B AMENDED: Replace subsections:, (11), and (d) Last Amended: August 24, 2010, 35 TexReg Instructional Arrangements and Settings. (d) Each local school district shall be able to provide services with special education personnel to students with disabilities in order to meet the special needs of those students in accordance with 34 Code of Federal Regulations, Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education services and shall include the following. (11) State school for persons with mental retardation. This instructional arrangement/setting is for providing special education and related services to a student who resides at a state school when the services are provided at the state school 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. The appropriate instructional arrangement for students from birth through the age of two with visual and/or auditory impairments shall be determined in accordance with the IFSP, current attendance guidelines, and the agreement memorandum between the Texas Education Agency (TEA) and the Texas Interagency Council on Early Childhood Intervention Instructional Arrangements and Settings. (d) Each local school district shall be able to provide services with special education personnel to students with disabilities in order to meet the special needs of those students in accordance with 34 Code of Federal Regulations, Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education services and shall include the following. (11) State supported living center. 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. The appropriate instructional arrangement for students from birth through the age of two with visual and/or auditory impairments shall be determined in accordance with the IFSP, current attendance guidelines, and the agreement memorandum between the Texas Education Agency (TEA) and the Department of Assistive and Rehabilitative Services (DARS) Early Childhood Intervention (ECI) Services Page B 3-5 Page D AMENDED: Replace entire article (changes throughout). Last Amended: January 28, 2011, 36 TexReg Graduation Requirements. Graduation with a regular high school diploma under subsection (d) of this section terminates a student's eligibility for special education services under this subchapter and Part B of the Individuals with Disabilities Education Act (IDEA), 20 United States Code, 1400 et seq. In addition, as provided in Texas Education Code (), , graduation with a regular high school diploma under subsection (d) of this section terminates a student's entitlement to the benefits of the Foundation School Program. A student receiving special education services may graduate and be awarded a regular high school diploma if: (1) the student has satisfactorily completed the state's or district's (whichever is greater) minimum curriculum and credit requirements for graduation (under the recommended or distinguished achievement high school programs in Chapter 74 of this title (relating to Curriculum Requirements)) applicable to students in general education, including satisfactory performance on the exit level assessment instrument; or Graduation Requirements. Graduation with a regular high school diploma under subsection (1), (2), or (4) of this section terminates a student's eligibility for special education services under this subchapter and Part B of the Individuals with Disabilities Education Act (IDEA), 20 United States Code, 1400 et seq. In addition, as provided in Texas Education Code (), , graduation with a regular high school diploma under subsection (1), (2), or (4) of this section terminates a student's entitlement to the benefits of the Foundation School Program. A student receiving special education services may graduate and be awarded a regular high school diploma if the student meets one of the following conditions. (1) The student has satisfactorily completed the state's or district's (whichever is greater) required standards in Chapters and Chapter 130 of this title and credit requirements for graduation (under the recommended or distinguished achievement high school programs in Chapter 74 of this title (relating to Curriculum Requirements)) applicable to students in general education, including Region 18 ESC Change Document SBS March 2012 Page 4 of 22

5 TAC (d) (e) (2) the student has satisfactorily completed the state's or district's (whichever is greater) minimum curriculum and credit requirements for graduation (under the minimum high school program in Chapter 74 of this title) applicable to students in general education, including participation in required state assessments. The student's admission, review, and dismissal (ARD) committee shall determine whether satisfactory performance on a required state assessment shall also be required for graduation. A student receiving special education services may also graduate and receive a regular high school diploma when the student's ARD committee has determined that the student has successfully completed: (1) the student's individualized education program (IEP); (2) one of the following conditions, consistent with the student's IEP: (A) (B) full-time employment, based on the student's abilities and local employment opportunities, in addition to sufficient self-help skills to enable the student to maintain the employment without direct and ongoing educational support of the local school district; demonstrated mastery of specific employability skills and self-help skills which do not require direct ongoing educational support of the local school district; or (C) access to services which are not within the legal responsibility of public education, or employment or educational options for which the student has been prepared by the academic program; (3) the state's or district's (whichever is greater) minimum credit requirements for students without disabilities; and (4) the state's or district's minimum curriculum requirements to the extent possible with modifications/substitutions only when it is determined necessary by the ARD committee for the student to receive an appropriate education. A student receiving special education services may also graduate and receive a regular high school diploma upon the ARD committee determining that the student no longer meets age eligibility requirements and has completed the requirements specified in the IEP. All students graduating under this section shall be provided with a summary of academic achievement and functional performance as described in 34 Code of Federal Regulations (CFR), (e)(3). This summary shall consider, as appropriate, the views of the parent and student and written recommendations from adult service agencies on how to assist the student in meeting postsecondary goals. An evaluation as required by 34 satisfactory performance as established in the, Chapter 39, on the required state assessments. (2) The student has satisfactorily completed the state's or district's (whichever is greater) required standards in Chapters and Chapter 130 of this title and credit requirements for graduation (under the minimum high school program in Chapter 74 of this title) applicable to students in general education, including participation in required state assessments. The student's admission, review, and dismissal (ARD) committee will determine whether satisfactory performance on the required state assessments is necessary for graduation. (3) The student has satisfactorily completed the state's or district's (whichever is greater) required standards in Chapters and Chapter 130 of this title through courses, one or more of which contain modified content that is aligned to the standards required under the minimum high school program in Chapter 74 of this title as well as the credit requirements under the minimum high school program, including participation in required state assessments. The student's ARD committee will determine whether satisfactory performance on the required state assessments is necessary for graduation. The student graduating under this subsection must also successfully complete the student's individualized education program (IEP) and meet one of the following conditions, consistent with the IEP: (A) (B) full-time employment, based on the student's abilities and local employment opportunities, in addition to sufficient self-help skills to enable the student to maintain the employment without direct and ongoing educational support of the local school district; demonstrated mastery of specific employability skills and self-help skills which do not require direct ongoing educational support of the local school district; or (C) access to services which are not within the legal responsibility of public education or employment or educational options for which the student has been prepared by the academic program. (4) The student no longer meets age eligibility requirements and has completed the requirements specified in the IEP. All students graduating under this section shall be provided with a summary of academic achievement and functional performance as described in 34 Code of Federal Regulations (CFR), (e)(3). This summary shall consider, as appropriate, the views of the parent and student and written recommendations from adult service agencies on how to assist the student in meeting postsecondary goals. An evaluation as required by 34 CFR, (e)(1), shall be included as part of the summary Region 18 ESC Change Document SBS March 2012 Page 5 of 22

6 TAC (f) (g) (h) CFR, (e)(1), shall be included as part of the summary for a student graduating under subsection of this section. Students who participate in graduation ceremonies but who are not graduating under subsection of this section and who will remain in school to complete their education do not have to be evaluated in accordance with subsection (e) of this section. Employability and self-help skills referenced under subsection of this section are those skills directly related to the preparation of students for employment, including general skills necessary to obtain or retain employment. For students who receive a diploma according to subsection of this section, the ARD committee shall determine needed educational services upon the request of the student or parent to resume services, as long as the student meets the age eligibility requirements. (d) (e) (f) for a student graduating under subsection (3) of this section. Students who participate in graduation ceremonies but who are not graduating under subsection (3) of this section and who will remain in school to complete their education do not have to be evaluated in accordance with subsection of this section. Employability and self-help skills referenced under subsection (3) of this section are those skills directly related to the preparation of students for employment, including general skills necessary to obtain or retain employment. For students who receive a diploma according to subsection (3) of this section, the ARD committee shall determine needed educational services upon the request of the student or parent to resume services, as long as the student meets the age eligibility requirements. Region 18 ESC Change Document SBS March 2012 Page 6 of 22

7 7.063 Page A-5 ADDITION: New article addressed in Intellectual Disabilities, formerly Mental Retardation Last Amended: 82nd Leg., R.S., ch. 272, Sec. 4, eff. Sept. 1, 2011 Not in Jan 2010 version Person First Respectful Language Promotion. The commissioner shall ensure that the agency uses the terms and phrases listed as preferred under the person first respectful language initiative in Chapter 392, Government Code, when proposing, adopting, or amending the agency s rules, reference materials, publications, and electronic media Page A 3-4 Page C 5-6 Replace subsection (2)(L) Last Amended: 82nd Leg., R.S., ch. 662, Sec. 3, eff. June 17, Applicability of Title. An open-enrollment charter school is subject to: (1) a provision of this title establishing a criminal offense; and (2) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to: (L) public school accountability under Subchapters B, C, D, and G, Chapter 39; Applicability of Title. An open-enrollment charter school is subject to: (1) a provision of this title establishing a criminal offense; and (2) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to: (L) public school accountability under Subchapters B, C, D, E, G, and J, Chapter 39; Page A Page B Replace entire subsection ch. 1134, Sec. 5, eff. June 17, Certification Required. A person may not be employed by a school district as an audiologist, occupational therapist, physical therapist, physician, nurse, school psychologist, associate school psychologist, social worker, or speech language pathologist unless the person is licensed by the state agency that licenses that profession. A person may perform specific services within those professions for a school district only if the person holds the appropriate credential from the appropriate state agency Certification Required. Except as otherwise provided by this subsection, a person may not be employed by a school district as an audiologist, occupational therapist, physical therapist, physician, nurse, school psychologist, associate school psychologist, marriage and family therapist, social worker, or speech language pathologist unless the person is licensed by the state agency that licenses that profession and may perform specific services within those professions for a school district only if the person holds the appropriate credential from the appropriate state agency. As long as a person employed by a district before September 1, 2011, to perform marriage and family therapy, as defined by , Occupations Code, is employed by the same district, the person is not required to hold a license as a marriage and family therapist to perform marriage and family therapy with that district Page B-62 ADDITION: - Last Amended: 82nd Leg., R.S., ch. 362, Sec. 1, eff. Sept. 1, 2011 Not in Jan 2010 version Certification to Teach Students with Visual Impairments. To be eligible to be issued a certificate to teach students with visual impairments, a person must: (1) complete either: (A) (B) all course work required for that certification in an approved educator preparation program; or an alternative educator certification program approved for the purpose by the board; Region 18 ESC Change Document SBS March 2012 Page 7 of 22

8 (2) perform satisfactorily on each examination prescribed under for certification to teach students with visual impairments, after completing the course work or program described by Subdivision (1); and (3) satisfy any other requirements prescribed by the board. Subsection does not apply to eligibility for a certificate to teach students with visual impairments, including eligibility for renewal of that certificate, if the application for the initial certificate was submitted on or before September 1, Staff Development Requirements Staff Development Requirements Page D Subsections,,, (d) ADDITIONS: Subsections (a-1), (d)(1)(d) ch. 776, Sec. 1, eff. June 17, 2011; ch. 1093, Sec. 4, eff. June 17, 2011 (d) The staff development provided by a school district must be: (1) conducted in accordance with standards developed by the district; and (2) designed to improve education in the district. The staff development must be predominantly campus-based, related to achieving campus performance objectives established under , and developed and approved by the campus-level committee established under A school district may use district-wide staff development developed and approved through the district-level decision process under The staff development: (1) may include training in: (A) technology; (B) conflict resolution; and (C) discipline strategies, including classroom management, district discipline policies, and the student code of conduct adopted under and Chapter 37; and (2) subject to Subsection (e), must include training based on scientifically based research, as defined by 9101, No Child Left Behind Act of 2001 (20 U.S.C. 7801), that: (A) relates to instruction of students with disabilities; and (B) is designed for educators who work primarily outside the area of special education. The staff development provided by a school district to an educator other than a principal must be: (1) conducted in accordance with standards developed by the district; and (2) designed to improve education in the district. (a-1) and rules adopted under that section govern the professional development provided to a principal. The staff development described by Subsection must be predominantly campus-based, related to achieving campus performance objectives established under , and developed and approved by the campus-level committee established under For staff development under Subsection, a school district may use district-wide staff development developed and approved through the district-level decision process under The staff development: (1) may include training in: (A) (B) technology; conflict resolution; (C) discipline strategies, including classroom management, district discipline policies, and the student code of conduct adopted under and Chapter 37; and (D) preventing, identifying, responding to, and reporting incidents of bullying; and (2) subject to Subsection (e) and to and rules adopted under that section, must include training based on scientifically based research, as defined by 9101, No Child Left Behind Act of 2001 (20 U.S.C. 7801), that: (A) relates to instruction of students with disabilities; and (B) is designed for educators who work primarily outside Region 18 ESC Change Document SBS March 2012 Page 8 of 22

9 the area of special education Page E-32 Page E-33 ADDITION: [Excerpts] Subsection (b-1) Subsection (b-2) Last Amended: 82nd Leg., R.S., ch. 776, Sec. 2 & 3, eff. June 17, 2011 Not in Jan 2010 version Transfer of Students who are Victims of or Have Engaged In Bullying. [Excerpt] (b-1) The board of trustees of a school district may transfer the student who engaged in bullying to: (1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or (2) a campus in the district other than the campus to which the victim was assigned at the time the bullying occurred, in consultation with a parent or other person with authority to act on behalf of the student who engaged in bullying. (Excerpts separated by citation) (b-2) applies to a transfer under Subsection (b-1) of a student with a disability who receives special education services Page E-2 Page F-13 Subsections (1) and Last Amended: 82 nd Leg., C.S. ch. 6, Sec. 12. Eff. July 19, Access to Teaching Materials. A parent is entitled to: (1) review all teaching materials, textbooks, and other teaching aids used in the classroom of the parent's child; and (2) review each test administered to the parent's child after the test is administered. A school district shall make teaching materials and tests readily available for review by parents. The district may specify reasonable hours for review. A student's parent is entitled to request that the school district or open-enrollment charter school the student attends allow the student to take home any textbook used by the student. Subject to the availability of a textbook, the district or school shall honor the request. A student who takes home a textbook must return the textbook to school at the beginning of the next school day if requested to do so by the student's teacher. In this subsection, "textbook" has the meaning assigned by Access to Teaching Materials. A parent is entitled to: (1) review all teaching materials, instructional materials, and other teaching aids used in the classroom of the parent's child; and (2) review each test administered to the parent's child after the test is administered. A school district shall make teaching materials and tests readily available for review by parents. The district may specify reasonable hours for review. A student's parent is entitled to request that the school district or open-enrollment charter school the student attends allow the student to take home any instructional materials used by the student. Subject to the availability of instructional materials, the district or school shall honor the request. A student who takes home instructional materials must return the instructional materials to school at the beginning of the next school day if requested to do so by the student's teacher. In this subsection, " instructional material " has the meaning assigned by Page B ADDITION: [Excerpt) Subsection (b-11) Not in Jan 2010 version High School Diploma and Certificate; Academic Achievement Record. [Excerpt] (b-11) In adopting rules under Subsection (b-1), the State Board of Education shall allow a student who is unable to participate in Region 18 ESC Change Document SBS March 2012 Page 9 of 22

10 ch. 714, Sec. 1, eff. June 17, 2011; ch. 1163, Sec. 9, eff. Sept. 1, 2011; ch. 926, Sec. 3, eff. June 17, 2011 physical activity due to disability or illness to substitute one credit in English language arts, mathematics, science, or social studies or one academic elective credit for the physical education credit required under Subsection (b-1)(3)(b). A credit allowed to be substituted under this subsection may not also be used by the student to satisfy a graduation requirement other than completion of the physical education credit. The rules must provide that the determination regarding a student's ability to participate in physical activity will be made by: (1) if the student receives special education services under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee; (2) if the student does not receive special education services under Subchapter A, Chapter 29, but is covered by 504, Rehabilitation Act of 1973 (29 U.S.C. 794), the committee established for the student under that Act; or (3) if each of the committees described by Subdivisions (1) and (2) is inapplicable, a committee established by the school district of persons with appropriate knowledge regarding the student Page A 1-2, A-29 Excerpt B 1-2 Page D-30 Excerpt Page E Excerpt Subsections (9) and (10) ADDITIONS: Subsections (11) ch.1283, Sec. 1, eff. June 17, Statewide Plan regular or special classes; (9) Ensure that each student with a disability is provided necessary related services; and (10) ensure that an individual assigned to act as a surrogate parent for a child with a disability, as provided by 20 U.S.C and its subsequent amendments, is required to: Statewide Plan regular or special classes; (9) ensure that each student with a disability is provided necessary related services; (10) ensure that an individual assigned to act as a surrogate parent for a child with a disability, as provided by 20 U.S.C. 1415, is required 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) that provides for a timely district response to the teacher's request; and (C) that provides for notification to the student's parent or legal guardian of that response Page B-18 Page D-20 Excerpt Page D ADDITION: Subsection (f) ch.1250, Sec. 1, eff. June 17, 2011 Not in Jan 2010 version Individualized Education Program. [Excerpt] (f) The written statement of a student s individualized education program may be required to include only information included in the model form developed under Region 18 ESC Change Document SBS March 2012 Page 10 of 22

11 Page D-19 ADDITION: ch.1250, Sec. 2, eff. June 17, 2011 Not in Jan 2010 version Model Form. The agency shall develop a model form for use in developing an individualized education program under The form must be clear, concise, well organized, and understandable to parents and educators and may include only: (1) the information included in the model form developed under 20 U.S.C. 1417(e)(1); (2) a state-imposed requirement relevant to an individualized education program not required under federal law; and (3) the requirements identified under 20 U.S.C. 1407(2). The agency shall post on the agency's Internet website the form developed under Subsection. A school district may use the form developed under Subsection to comply with the requirements for an individualized education program under 20 U.S.C. 1414(d) Page D-20 ADDITION: ch.1250, Sec. 3, eff. June 17, 2011 Not in June 2010 version Beginning of Transition Planning. Appropriate state transition planning under the procedure adopted under must begin for a student not later than when the student reaches 14 years of age Page B 7-8 Subsection (e) ch. 85, Sec , eff. Sept. 17, 2011 Not in June 2010 version Residential Facilities. (e) This section does not apply to a residential treatment facility for juveniles established under , Human Resources Code Page E Subsection ch. 776, Sec. 5, eff. June 17, Student Code of Conduct. In this section: (1) Harassment means threatening to cause harm or bodily injury to another student, engaging in sexually intimidating conduct, causing physical damage to the property of another student, subjecting another student to physical confinement or restraint, or maliciously taking any action that substantially harms another student's physical or emotional health or safety. (2) "Hit list" means a list of people targeted to be harmed, using: Student Code of Conduct. In this section: (1) Bullying has the meaning assigned by (2) Harassment means threatening to cause harm or bodily injury to another student, engaging in sexually intimidating conduct, causing physical damage to the property of another student, subjecting another student to physical confinement or restraint, or maliciously taking any action that substantially harms another student's physical or emotional health or safety. (3) "Hit list" means a list of people targeted to be harmed, using: Region 18 ESC Change Document SBS March 2012 Page 11 of 22

12 Page D ADDITIONS: Subsections: (4), (h), and (i) Subsection (g)(1) ch. 691, Sec. 2 & 3, eff. June 17, Use of Confinement, Restraint, Seclusion and Time- Out. (g) In this section: (4) Not in Jan 2010 version This section and any rules or procedures adopted under this section do not apply to: (1) a peace officer while performing law enforcement duties; (2) juvenile probation, detention, or corrections personnel; or (3) an educational services provider with whom a student is placed by a judicial authority, unless the services are provided in an educational program of a school district Use of Confinement, Restraint, Seclusion and Time- Out. (g) (h) (i) In this section: (4) Law enforcement duties means activities of a peace officer relating to the investigation and enforcement of state criminal laws and other duties authorized by the Code of Criminal Procedure. This section and any rules or procedures adopted under this section do not apply to: (1) a peace officer performing law enforcement duties, except as provided by Subsection (i) ; (2) juvenile probation, detention, or corrections personnel; or (3) an educational services provider with whom a student is placed by a judicial authority, unless the services are provided in an educational program of a school district. This section and any rules or procedures adopted under this section apply to a peace officer only if the peace officer: (1) is employed or commissioned by a school district; or (2) provides, as a school resource officer, a regular police presence on a school district campus under a memorandum of understanding between the district and a local law enforcement agency. A school district shall report electronically to the agency, in accordance with standards provided by commissioner rule, information relating to the use of restraint by a peace officer performing law enforcement duties on school property or during a school-sponsored or school-related activity. A report submitted under this subsection must be consistent with the requirements adopted by commissioner rule for reporting the use of restraint involving students with disabilities Page E Subsections (1-3) and (d)(1) ch. 948, Sec. 1, eff. June 17, Removal for Certain Conduct. In addition to Subsections and, a student shall be removed from class and placed in a disciplinary alternative education program under based on conduct occurring off campus and while the student is not in attendance at a schoolsponsored or school-related activity if: (1) the student receives deferred prosecution under 53.03, Family Code, for conduct defined as a felony offense in Title 5, Penal Code; (2) a court or jury finds that the student has engaged in delinquent conduct under 54.03, Family Code, for Removal for Certain Conduct. In addition to Subsections and, a student shall be removed from class and placed in a disciplinary alternative education program under based on conduct occurring off campus and while the student is not in attendance at a schoolsponsored or school-related activity if: (1) the student receives deferred prosecution under 53.03, Family Code, for conduct defined as: (A) a felony offense in Title 5, Penal Code; or (B) the felony offense of aggravated robbery under Region 18 ESC Change Document SBS March 2012 Page 12 of 22

13 (d) conduct defined as a felony offense in Title 5, Penal Code; or (3) the superintendent or the superintendent's designee has a reasonable belief that the student has engaged in a conduct defined as a felony offense in Title 5, Penal Code. In addition to Subsections,, and, a student may be removed from class and placed in a disciplinary alternative education program under based on conduct occurring off campus and while the student is not in attendance at a school-sponsored or school-related activity if: (1) the superintendent or the superintendent's designee has a reasonable belief that the student has engaged in conduct defined as a felony offense other than those defined in Title 5, Penal Code; and (2) the continued presence of the student in the regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process. (d) 29.03, Penal Code; (2) a court or jury finds that the student has engaged in delinquent conduct under 54.03, Family Code, for conduct defined as: (A) a felony offense in Title 5, Penal Code; or (B) the felony offense of aggravated robbery under 29.03, Penal Code; or (3) the superintendent or the superintendent's designee has a reasonable belief that the student has engaged in a conduct defined as: (A) a felony offense in Title 5, Penal Code; or (B) the felony offense of aggravated robbery under 29.03, Penal Code. In addition to Subsections,, and, a student may be removed from class and placed in a disciplinary alternative education program under based on conduct occurring off campus and while the student is not in attendance at a school-sponsored or school-related activity if: (1) the superintendent or the superintendent's designee has a reasonable belief that the student has engaged in conduct defined as a felony offense other than aggravated robbery under 29.03, Penal Code, or those offenses defined in Title 5, Penal Code; and (2) the continued presence of the student in the regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process Page E Subsection (4) and ADDITION: Subsection (5) Last Amended: 82 nd Leg., R.S. ch. 948, Sec. 2, eff. June 17, 2011 ch. 963, Sec. 1, eff. June 17, Expulsion for Serious Offenses. A student may be expelled if the student: (4) engages in conduct that contains the elements of any offense listed in Subsection (2)(A) or (C) or the offense of aggravated robbery under 29.03, Penal Code, against another student, without regard to whether the conduct occurs on or off of school property or while attending a school-sponsored or school-related activity on or off of school property. A student may be expelled if the student, while placed in an alternative education program for disciplinary reasons, continues to engage in serious or persistent misbehavior that violates the district's student code of conduct Expulsion for Serious Offenses. A student may be expelled if the student: (4) engages in conduct that contains the elements of any offense listed in Subsection (2)(A) or (C) or the offense of aggravated robbery under 29.03, Penal Code, against another student, without regard to whether the conduct occurs on or off of school property or while attending a school-sponsored or school-related activity on or off of school property; or (5) engages in conduct that contains the elements of the offense of breach of computer security under 33.02, Penal Code, if: (A) (B) the conduct involves accessing a computer, computer network, or computer system owned by or operated on behalf of a school district; and the student knowingly: Region 18 ESC Change Document SBS March 2012 Page 13 of 22

14 (i) (ii) alters, damages, or deletes school district property or information; or commits a breach of any other computer, computer network, or computer system. A student may be expelled if the student, while placed in a disciplinary alternative education program, engages in documented serious misbehavior while on the program campus despite documented behavioral interventions. For purposes of this subsection, serious misbehavior means: (1) deliberate violent behavior that poses a direct threat to the health or safety of others; (2) extortion, meaning the gaining of money or other property by force or threat; (3) conduct that constitutes coercion, as defined by 1.07, Penal Code; or (4) conduct that constitutes the offense of: (A) public lewdness under 21.07, Penal Code; (B) indecent exposure under 21.08, Penal Code; (C) criminal mischief under 28.03, Penal Code; (D) personal hazing under ; or (E) harassment under 42.07(1), Penal Code, of a student or district employee Page E ADDITION: Subsection (l-1) Last Amended: 82nd Leg., R.S., ch. 1316, Sec. 1, eff. June 17, 2011 Not in June 2010 version Disciplinary Alternative Education Programs. (l-1) A school district shall provide the parents of a student removed to a disciplinary alternative education program with written notice of the district s obligation under Subsection (1) to provide the student with an opportunity to complete coursework required for graduation. The notice must: (1) include information regarding all methods available for completing the coursework; and (2) state that the methods are available at no cost to the student Page E Subsection (1)(A-G) Last Amended: 82nd Leg., R.S., ch. 948, Sec.3, eff. June 17, Expulsion and Placement of Certain Students in Alternative Settings. Subject to Subsection (h), but notwithstanding any other provision of this subchapter, the board of trustees of a school district, or the board's designee, after an opportunity for a hearing may expel a student and elect to place the student in an alternative setting as Expulsion and Placement of Certain Students in Alternative Settings. Subject to Subsection (h), but notwithstanding any other provision of this subchapter, the board of trustees of a school district, or the board's designee, after an opportunity for a hearing may expel a student and elect to place the student in an Region 18 ESC Change Document SBS March 2012 Page 14 of 22

15 provided by Subsection (a-1) if: alternative setting as provided by Subsection (a-1) if: (1) the student: (1) the student: (A) has received deferred prosecution under 53.03, Family Code, for conduct defined as a felony offense in Title 5, Penal Code; (B) has been found by a court or jury to have engaged in delinquent conduct under 54.03, Family Code, for conduct defined as a felony offense in Title 5, Penal Code; (C) is charged with engaging in conduct defined as a felony offense in Title 5, Penal Code; (D) has been referred to a juvenile court for allegedly engaging in delinquent conduct under 54.03, Family Code, for conduct defined as a felony offense in Title 5, Penal Code; (E) has received probation or deferred adjudication for a felony offense under Title 5, Penal Code; (F) has been convicted of a felony offense under Title 5, Penal Code; or (G) has been arrested for or charged with a felony offense under Title 5, Penal Code; and (A) has received deferred prosecution under 53.03, Family Code, for conduct defined as a felony offense in Title 5, Penal Code; (i) (ii) a felony offense in Title 5, Penal Code; or the felony offense of aggravated robbery under 29.03, Penal Code; (B) has been found by a court or jury to have engaged in delinquent conduct under 54.03, Family Code, for conduct defined as a felony offense in Title 5, Penal Code; (i) (ii) a felony offense in Title 5, Penal Code; or the felony offense of aggravated robbery under 29.03, Penal Code; (C) is charged with engaging in conduct defined as a felony offense in Title 5, Penal Code; (i) (ii) a felony offense in Title 5, Penal Code; or the felony offense of aggravated robbery under 29.03, Penal Code; (D) has been referred to a juvenile court for allegedly engaging in delinquent conduct under 54.03, Family code, for conduct defined as: (i) (ii) a felony offense in Title 5, Penal Code; or the felony offense of aggravated robbery under 29.03, Penal Code; (E) has received probation or deferred adjudication for a felony offense under Title 5, Penal Code; or the felony offense of aggravated robbery under 29.03, Penal Code; (F) has been convicted of a felony offense under Title 5, Penal Code; or the felony offense of aggravated robbery under 29.03, Penal Code; or (G) has been arrested for or charged with a felony offense under Title 5, Penal Code, or the felony offense of aggravated robbery under 29.03, Penal Code; and ADDITION: Not in June 2010 version Bullying Prevention Policies and Procedures. Page E Subsection through (e) In this section, bullying means, subject to Subsection, engaging in written or verbal expression, expression through electronic means, or physical conduct that occurs on school property, at a school-sponsored or school-related activity, or in a Region 18 ESC Change Document SBS March 2012 Page 15 of 22

16 vehicle operated by the district and that: (1) has the effect or will have the effect of physically harming a student, damaging a student s property, or placing a student in reasonable fear of harm to the student s person or of damage to the student s property; or (2) is sufficiently severe, persistent, and pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student. Conduct described by Subsection is considered bullying if that conduct: (1) exploits an imbalance of power between the student perpetrator and the student victim through written or verbal expression or physical conduct; and (2) interferes with a student s education or substantially disrupts the operation of a school. The board of trustees of each school district shall adopt a policy, including any necessary procedures, concerning bullying that: (1) prohibits the bullying of a student; (2) prohibits retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying; (3) establishes a procedure for providing notice of an incident of bullying to a parent or guardian of the victim and a parent or guardian of the bully within a reasonable amount of time after the incident; (4) establishes the actions a student should take to obtain assistance and intervention in response to bullying; (5) sets out the available counseling options for a student who is a victim of or a witness to bullying or who engages in bullying; (6) establishes procedures for reporting an incident of bullying, investigating a reported incident of bullying, and determining whether the reported incident of bullying occurred; (7) prohibits the imposition of a disciplinary measure on a student who, after an investigation, is found to be a victim of bullying, on the basis of that student's use of reasonable self-defense in response to the bullying; and (8) requires that discipline for bullying of a student with disabilities comply with applicable requirements under federal law, including the Individuals with Disabilities Education Act (20 U.S.C et seq.). Region 18 ESC Change Document SBS March 2012 Page 16 of 22

17 (d) (e) The policy and any necessary procedures adopted under Subsection must be included: (1) annually, in the student and employee school district handbooks; and (2) in the district improvement plan under The procedure for reporting bullying established under Subsection must be posted on the district's Internet website to the extent practicable Page E ADDITIONS: Subsection (a-2), (a-3), (a-4), (a-5) Subsection (k)(3) and (l) ch. 235, Sec. 2, eff. June 17, 2011 ch. 948, Sec. 4, eff. June 17, 2011 ch. 4, Sec , Sept. 28, Juvenile Justice Alternative Education Program. (a-2) thru (a-5) Not in June 2010 version (k) [See next page] Juvenile Justice Alternative Education Program. (a-2) For purposes of this section and , a county with a population greater than 125,000 is considered to be a county with a population of 125,000 or less if the county: (1) has a population of 180,000 or less; (2) is adjacent to two counties, each of which has a population of more than 1.7 million; and (3) has seven or more school districts located wholly within the county's boundaries. (a-3) For purposes of this section and , a county with a population greater than 125,000 is considered to be a county with a population of 125,000 or less if the county: (1) has a population of more than 200,000 and less than 220,000; (2) has five or more school districts located wholly within the county's boundaries; and (3) has located in the county a juvenile justice alternative education program that, on May 1, 2011, served fewer than 15 students. (a-4) A school district located in a county considered to be a county with a population of 125,000 or less under Subsection (a-3) shall provide educational services to a student who is expelled from school under this chapter. The district is entitled to count the student in the district's average daily attendance for purposes of receipt of state funds under the Foundation School Program. An educational placement under this section may include: (1) the district's disciplinary alternative education program; or (2) a contracted placement with: (A) another school district; (B) an open-enrollment charter school; (C) an institution of higher education; Region 18 ESC Change Document SBS March 2012 Page 17 of 22

18 (k) Each school district in a county with a population greater than 125,000 and the county juvenile board shall annually enter into a joint memorandum of understanding that: (3) identifies those categories of conduct that the school district has defined in its student code of conduct as constituting serious or persistent misbehavior for which a student may be placed in the juvenile justice alternative education program;... (l) The school district shall be responsible for providing an immediate educational program to students who engage in behavior resulting in expulsion under ,, and (f) but who are not eligible for admission into the juvenile justice alternative education program in accordance with the memorandum of understanding required under this section. The school district may provide the program or the school district may contract with a county juvenile board, a private provider, or one or more other school districts to provide the program. The memorandum of understanding shall address the circumstances under which such students who continue to engage in serious or persistent misbehavior shall be admitted into the juvenile justice alternative education program. (D) an adult literacy council; or (E) community organization that can provide an educational program that allows the student to complete the credits required for high school graduation. (a-5) For purposes of Subsection (a-4), an educational placement other than a school district's disciplinary alternative education program is subject to the educational and certification requirements applicable to an open-enrollment charter school under Subchapter D, Chapter 12. (k) Each school district in a county with a population greater than 125,000 and the county juvenile board shall annually enter into a joint memorandum of understanding that: (3) establishes that a student may be placed in the juvenile justice alternative education program if the student engages in serious misbehavior, as defined by ;... (l) The school district shall be responsible for providing an immediate educational program to students who engage in behavior resulting in expulsion under and (f) but who are not eligible for admission into the juvenile justice alternative education program in accordance with the memorandum of understanding required under this section. The school district may provide the program or the school district may contract with a county juvenile board, a private provider, or one or more other school districts to provide the program. The memorandum of understanding shall address the circumstances under which such students who continue to engage in serious misbehavior, as defined by , shall be admitted into the juvenile justice alternative education program Page D-14 ADDITION: Subsection (b-1) [Excerpt] Last Amended: 82nd Leg., R.S., ch. 635, Sec. 3, eff. June 17, 2011 Not in June 2010 version Screening and Treatment for Dyslexia and Related Disorders. [Excerpt] (b-1) Unless otherwise provided by law, a student determined to have dyslexia during testing under Subsection or accommodated because of dyslexia may not be retested for dyslexia for the purpose of reassessing the student s need for accommodations until the district reevaluates the information obtained from previous testing of the student Page B AMENDED: Subsection Adoption and Administration of Instruments. The agency shall adopt or develop appropriate criterionreferenced assessment instruments designed to assess essential Adoption and Administration of Instruments. The agency shall adopt or develop appropriate criterionreferenced assessment instruments designed to assess essential Region 18 ESC Change Document SBS March 2012 Page 18 of 22