EHBA(LEGAL) - SPECIAL PROGRAMS: SPECIAL EDUCATION

Note: The policies in the EHBA series are statements of principles governing special education programs for Texas school districts. In no way are these policies intended to cover the entire scope and detail involved in administering any special education program.

Nondiscrimination

Free Appropriate Public Education (FAPE)

  1. Have been provided at public expense, under public supervision and direction, and without charge;
  2. Meet standards set out by the Texas Education Agency (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).

Least Restrictive Environment

Discipline

Instructional Arrangements and Settings

Mainstream

Homebound

Hospital Class

Speech Therapy

Resource Room/Services

Self-Contained (Mild, Moderate, or Severe) Regular Campus

Off-Home Campus

  1. A student who is one of a group of students from more than one district served in a single location when a free appropriate public education is not available in the respective sending district;
  2. A student in a community setting or environment (not operated by a school district) that prepares the student for postsecondary education/training, integrated employment, and/or independent living in coordination with the student's individual transition goals and objectives, including a student with regularly scheduled instruction or direct involvement provided by district personnel or a student in a facility not operated by a school district (other than a nonpublic day school) with instruction provided by district personnel; or
  3. A student in a self-contained program at a separate campus operated by the district that provides only special education and related services.

Nonpublic Day School

Vocational Adjustment Class/Program

Residential Care and Treatment Facility (Not District Resident)

State-Supported Living Center

Other Program Options

Regular School Day

Nonpublic Day School Placements

Related Services

Extended School Year Services

Off-Campus Program

Program Provider

  1. A county system operating under application of former law as provided in Education Code 11.301;
  2. A regional education service center established under Education Code, Chapter 8;
  3. A nonpublic day school; or
  4. Any other public or private entity with which a school district enters into a contract under Education Code 11.157(a), for the provision of special education services in a facility other than a district campus operated by a district.

Program Placement

  1. An onsite review to ensure that the off-campus program is appropriate for meeting the student's educational needs; and
  2. A meeting of the student's ARD committee to develop an IEP for the student in accordance with 34 C.F.R. 300.320–.325, state statutes, and commissioner of education rules in 19 Administrative Code Chapter 89 (Commissioner's Rules Concerning Special Education Services).

Notification and Review

Approval

Funding Procedures

Contracts

Change of Residence

Wink-Loving ISD

EHBA(LEGAL)-P

UPDATE 117

DATE ISSUED: 6/4/2021