EHBA (TSBVI) - SPECIAL PROGRAMS: SPECIAL EDUCATION STUDENTS

NONDISCRIMINATION

No qualified student with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any School service, program, or activity. 42 U.S.C. 12132; 29 U.S.C. 794(a); 34 CFR 104.4(a) (See also FB)

FREE APPROPRIATE PUBLIC EDUCATION (FAPE)

Eligible students with disabilities shall enjoy the right to a free, appropriate public education, which may include instruction in the regular classroom, instruction through special teaching, or instruction through approved contracts. Instruction shall be supplemented by the provision of related services when appropriate.  Education Code 29.003(a)

“Free appropriate public education" (FAPE) means special education and related services that:

1. Have been provided at public expense, under public supervision and direction, and without charge;
2. Meet standards set out by TEA;
3. Include an appropriate preschool, elementary school, or secondary school education; and
4. Are provided in conformity with the student's individualized education program (IEP).

20 U.S.C. 1401(9); 34 CFR 300.13; 34 CFR 300.121(d)

LEAST RESTRICTIVE ENVIRONMENT

The School shall ensure that to the maximum appropriate, children with disabilities, including children in public or private institutions, or other care facilities, shall be educated with children who are not disabled. Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment shall occur only when the nature, or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. 20 U.S.C. 1412(a)(5); 34 CFR 300.550(b)

DISCIPLINE

All disciplinary actions regarding students with disabilities shall be in accordance with federal requirements and Education Code Chapter 37, and 19 TAC 89.1053. 19 TAC 89.1050(g) (See FOF)

PLACEMENT OPTIONS

Instructional arrangements/settings shall be based on the individual needs and IEPs of eligible students receiving special education services. Students for whom placement at TSBVI is determined by an Admission, Review and Dismissal (ARD) Committee to be the appropriate placement option, are considered to be placed in the least restrictive environment for instructional services.

ELIGIBILITY FOLDER

The School shall maintain an eligibility folder on each student in special education in addition to the student's cumulative record. The folder shall include, but need not be limited to, copies of referral data, documentation of notices and consents, evaluation reports and supporting data, ARD committee reports, and the student's IEP. 19 TAC 89.1075(a)

PERSONNEL ASSIGNED TO STUDENTS WITH VISUAL IMPAIRMENTS

The School shall have written procedures regarding the provision of special education services to students with visual impairments as required in Education Code 30.002(c)(10). 19TAC 89.1075(b)

TRANSFER OF ASSISTIVE TECHNOLOGY DEVICES

TEA shall develop and annually disseminate standards for a district's transfer of an assistive technology device when a student with a disability using the device changes the school of attendance in a district or ceases to attend school in a district that purchased the device, and the student's parents, or the student if the student has the legal capacity to enter into a contract, agrees to the transfer.  The device may be transferred to TSBVI.

A transfer of an assistive technology device (ATD) shall be in accordance with a transfer agreement which incorporates the standards described in Education Code 30.0015(c), and which includes, specifically, the following:

1. The transferor and transferee must represent and agree that the terms of the transfer are based on the fair market value of the ATD, determined in accordance with generally accepted accounting principles.
2. The informed consent of the parent of the student with a disability for whom the ATD is being transferred must be obtained before the transfer of an ATD.  The procedures employed by a district in obtaining such informed consent shall be consistent with the procedures employed by a district to obtain parental consent under 34 CFR 300.505.  If the student has the legal capacity to enter into a contract, the informed consent may be obtained from the student.  Consistent with 34 CFR 300.505(c), informed parental or adult student consent need not be obtained if a district can demonstrate that it has taken reasonable measures to obtain that consent, and the student's parents or the adult student has failed to respond.  To meet the reasonable measures requirement, a district must use procedures consistent with those described in 34 CFR 300.345(d).
3. If the transfer is a sale, then the sale of the ATD shall be evidenced by a “Uniform Transfer Agreement" (UTA) which includes the following:
   1. The names of the transferor and the transferee (which may be any individual or entity identified in Education Code 30.0015(b));
   2. The date of the transfer;
   3. A description of the ATD being transferred;
   4. The terms of the transfer (including the transfer of warranties, to the extent applicable); and
   5. The signatures of authorized representatives of both the transferor and the transferee.
4. TEA shall annually disseminate to school districts the standards for a school district's transfer or an ATD.

Education Code 30.0015; 19 TAC 89.1056

Adopted: 5/8/81

Amended: 3/12/82, 11/11/83, 6/29/84, 1/26/90, 9/27/90, 9/27/91, 3/26/93, 1/26/99, 1/24/02, 1/30/04, 1/26/07

Reviewed: 

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