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This article provided an update to changes in Section 504.

Students that had previously been ineligible for services, may now be eligible.

Explains the update of language concerning "disabilities concerning major life activity" (Stanberry, 2016).

This update will broaden the scope of the Section 504 accommodations.

This update to the American's with Disabilities Act could potentially provide services under 504 to those students with learning disabilities, ADD, or ADHD

This impacts a counselors role in situations due to the referral for services. If a student does not qualify for IDEA, they may now be eligible for section 504!

Reference:
Stanberry, K. (2016, November 3). Section 504 updated: greater eligibility and accommodations for students with LD, ADHD. Retrieved from https://www.greatschools.org/gk/articles/section-504/

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Did you know that, effective January 2009, eligibility for protection under Section 504 of the Rehabilitation Act became broader? Some students who did not qualify for Section 504 in the past, or who were not eligible for services and supports under the Individuals With Disabilities Education Act (IDEA), may now qualify for Section 504 plans. Students with such plans may now qualify for additional supports, services, auxiliary aids and/or accommodations in public schools. For many students with learning disabilities (LD) and/or AD/HD (Attention-Deficit/Hyperactivity Disorder), this is good news! These positive changes are the result of recent amendments to the Americans With Disabilities Act (ADA), a broad civil rights law that also impacts Section 504.

You'll be especially interested in these developments if:

Your child was evaluated under IDEA but was found ineligible.

Your child was previously evaluated for Section 504 but was found ineligible.

Your child is currently receiving informal accommodations in school.

Your child has a Section 504 plan in place. (If your child has an IEP, he is automatically considered to have a 504 plan.)

Your child needs accommodations on the SAT or ACT.

Your teenager is getting ready to go college.

What's the connection between Section 504 and the ADA?

What does the ADA Amendments Act of 2008 (ADAAA) have to do with Section 504? Both are civil rights laws that protect individuals with disabilities from discrimination. Section 504 was enacted in 1973 and applies to all programs and activities that receive federal financial assistance. This includes public schools, colleges and universities as well as certain employers, state and local government programs and places of public accommodation (such as public libraries). So the common denominator between Section 504 and the ADAAA related to school-age students is protecting students with disabilities from being discriminated against in public schools.

The ADAAA includes a conforming amendment to Section 504 of the Rehabilitation Act; meaning that the newly expanded coverage under the ADAAA also applies to Section 504. Matt Cohen, an attorney who works on behalf of children with disabilities in disputes with public schools, explains, "Because ADA and 504 are interpreted in parallel, the ADAAA will be applied to the public schools in their interpretation of both the ADAAA and Section 504."

How things have changed with the ADAAA

Because of the ADAAA, more students may now qualify as persons with disabilities entitled to protection from discrimination based on their disabilities. They also may be eligible to receive special education or general education with related services and reasonable accommodations, including auxiliary aids and services in school, under Section 504.

The ADA Amendments Act of 2008 includes several significant changes, which also apply to Section 504:

The definition of "major life activities" was expanded to include learning, reading, concentrating and thinking. Also, the definition of "major bodily functions" has been expanded to include neurological and brain functions. This change makes it much easier for individuals with LD and/or AD/HD to qualify for protections under the ADAAA.

The ADAAA requires that the limitation on a major life activity be broadly, rather than narrowly, interpreted.

Conditions that are episodic or in remission are covered when they are active. For example, a student with AD/HD may be affected by his symptoms differently and at different times and under different conditions. The ADAAA does not disqualify him from protection on that basis alone.

Under the ADAAA a person cannot be denied protection simply because he uses a mitigating measure, such as taking medication for AD/HD or being allowed extra time when taking tests to accommodate for an LD. (The only exception to this is corrective lenses that fully correct a vision problem.)

Limitation in one major life activity need not impact other major life activities in order to trigger ADAAA protection. Some students with disabilities struggle in just one academic area, such as reading or writing, but excel in other skills or subjects and shine in extracurricular activities. Such students might now qualify for ADAAA protection, whereas before 2009 they would have been found ineligible because they struggled in only one major life activity.

What does this mean for your child?

Now that you have a sense of how the ADAAA affects the interpretation of Section 504, you're probably eager to know how these changes might help your child. While every situation -- and every child -- is unique, we'll provide answers and action steps for some of the most common questions here.

Question: My child receives informal accommodations that his teacher or other school personnel (for example, a counselor or nurse) provides. Should I request these accommodations be formalized through a 504 plan?
Answer: Yes. By documenting that your child has a disability that substantially limits a major life activity (for example, learning or concentrating), you are ensuring the legal protections provided by federal law. You're also providing documentation that will be important in the case of transitioning to a new school or setting, a new teacher, or some other life event.

Question: My child was previously found ineligible for services under IDEA, but a 504 plan was not discussed at that time. Since the ADAAA has broadened eligibility requirements, should we reapply?
Answer: Yes, you should request a 504 evaluation if you believe your child could benefit from a 504 plan. Because of the similarities between the IDEA and Section 504 "child find" requirement to provide a free, appropriate public education, schools should begin paying particular attention to students found ineligible for services under IDEA and be willing to discuss whether accommodations under a 504 plan are appropriate for the child.

Question: My child was previously found ineligible for a 504 plan. Should we reapply?
Answer: Yes, especially if you believe the denial was directly related to the old interpretation of the law, such as finding that there was no substantial limitation of a major life activity or denial due to use of a mitigating measure such as medication.

Question: My child already has a Section 504 plan. Should I ask if he is allowed additional (or different) accommodations under the ADAAA?
Answer: Yes, if you believe that your child will benefit from additional or different reasonable accommodations, auxiliary aids, supports or services. Once your child has a 504 plan, the school should be willing to have regular discussions about the effectiveness of the plan and whether adjustments need to be made to support your child's success.

Question: My child has been eligible for services under IDEA, and now the school is proposing to end that eligibility. Should there be a discussion about a 504 plan?
Answer: Yes. Every year about 66,000 students in special education (3%) are declassified, which means their eligibility for services and supports under IDEA is terminated. It's very likely that many of these children need accommodations for both classroom instruction and testing in order to succeed in general education. In those cases, a Section 504 plan might provide such accommodations.

Question: My teenager has a 504 plan and will soon be taking Advanced Placement tests and/or college entrance exams. What accommodations might she be allowed to use during those exams?
Answer: This is where the ADAAA and Section 504 intersect. National testing services are required under the ADAAA to provide reasonable accommodations, and most have information on their Web sites about how to document a disability and request accommodations. However, all documentation must be prepared well in advance. You and your teen will want to talk to her high school counselor about the required paperwork and the timeline for submission to the College Board, the ACT or Education Testing Service.

Question: My teenager has a 504 plan and is applying to college. What are the most important steps in assuring she gets what she needs in the college setting?
Answer: The most important thing to teach your teenager is to advocate for herself - to communicate what her disability is and what accommodations she needs to succeed. Because each college establishes its own procedures based on its interpretation of the ADAAA and Section 504, it's important to check with the college about its policies.

Federal funding and regulations

While public schools receive federal financial assistance under IDEA, they don't receive any financial assistance to provide Section 504 plans. Schools may therefore view providing a Section 504 plan as a financial burden. Because there's no requirement to collect data on how many students actually have 504 plans (Zirkel and Holler report in 2008 that 1.2% of students on average nationally have 504 plans), some schools and districts don't track how many students benefit from Section 504 or the cost associated with serving those students.

The new law intends to expand eligibility and coverage; however, while new regulations are forthcoming from the Equal Employment Opportunity Commission on the ADAAA, Congress has urged the U.S. Department of Education, Office for Civil Rights (OCR) to maintain the current regulations and guidance related to Section 504. This means that parents will need to advocate for their children's rights, and schools are obligated to ensure their current policies and practices are in full compliance with the new law.

Remain vigilant in the face of victory

While the ADAAA represents a victory for students with disabilities, you'll want to be vigilant to ensure your child is treated fairly and appropriately. Through the ADAAA, Congress has intentionally expanded the ADA, which, in turn, broadens the interpretation of who should have access to 504 plans. Students with LD and AD/HD should directly benefit from the new law because the use of mitigating measures can no longer be the basis for denying 504 plans to students. If your child already has a 504 plan, you should work with your school's 504 team, guidance counselor and other school personnel to make any appropriate changes.
Updated January 2010

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Section 504 updated: greater eligibility and accommodations for students with LD, ADHD | Parenting

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Did you know that, effective January 2009, eligibility for protection under Section 504 of the Rehabilitation Act became broader? Some students who did not qualify for Section 504 in the past, or who were not eligible for services and supports under the Individuals With Disabilities Education Act (IDEA), may now qualify for Section 504 plans.

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#13 List of Recommendations or Best Practices

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#13 List of Recommendations or Best Practices

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ALWAYS refer to school policy for providing accommodations, and the process for determining these accommodations.

Make yourself a "cheat sheet" to keep handy on what qualifies for an IEP and what disabilities qualify for section 504.

Take all referrals seriously.

Advocate for all of your students, because you may be the only one doing so.  This means building a relationship with all of the students, even the ones that you do not see often!

DOCUMENT everything.

Always contact the parent with things concerning their child; as long as it doesn't break student confidentiality.

Update your teachers on different student situations, often.

Check with your teachers to see how accommodations are working, students don't always have the confidence to tell you that something isn't working for them.

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#12 Non-Law Source: A Teacher's Guide to Special Education

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#12 Non-Law Source: A Teacher's Guide to Special Education

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This source is one that I have referred to for a few years now in my own classroom.  There are many sections in this book, but the most helpful for counselors and working with 504's and IEP's are:

Laws effecting special education.

The referral and evaluation process.

General Ed and IEP's

Other students who require accommodations (504)

Assessment, Grades, Graduation, and Diplomas.

(Bateman & Cline, 2016)

Bateman, D., & Cline, J. L. (2016). A Teacher’s Guide to Special Education : A Teacher’s Guide to Special Education. Alexandria, Virginia: ASCD. Retrieved from http://search.ebscohost.com.easydb.angelo.edu/login.aspx?direct=true&db=nlebk&AN=1283274&site=eds-live

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#11 American School Counselor Association Ethical Principle

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#11 American School Counselor Association Ethical Principle

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B.2.k School Counselors "affirm the abilities of and advocate for the learning needs of
all students. School counselors support the provision of appropriate accommodations and accessibility" (ASCA, 2016).

Many times, the counselor is the one advocating for the student to receive services.  This could be after the request that the parent/guardian has made or even before.  Counselors serve as an advocate for the student at all times, but especially in 504 and ARD meetings.  They are there to make sure the student is in the correct classes to meet their wishes and cover their accommodations.

Reference:
ASCA Ethical Standards for School Counselors. (2016). PDF. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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#10 Junction ISD Local Policy - Equal Educational Opportunity

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#10 Junction ISD Local Policy - Equal Educational Opportunity

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The local policy regarding equal educational opportunity states that "a district may not deny services to any individual eligible to participate in its special education program, but it shall provide individuals with disabilities, special educational services as authorized by
law" (Junction ISD Board Policy, 2017).  The school's policy allows for extra accommodations outside of the mandated ADA accommodations.  This policy allows to accommodate other needs that do not change the rigor of the content or expectations of work.

Reference:
Junction ISD. (2017, October 30). Board Policy On Line, Equal Educational Opportunity § 771. Retrieved from https://pol.tasb.org/Policy/Download/771?filename=FB(LEGAL).pdf

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#9 Coordination of Services to Children with Disabilities, Tex. Ed. Code § 30.001 (1995). - Statutory Law

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#9 Coordination of Services to Children with Disabilities, Tex. Ed. Code § 30.001 (1995). - Statutory Law

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This section of the Texas Education Code provides “instructions” for implementing services for students with disabilities.

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES



CHAPTER 30. STATE AND REGIONAL PROGRAMS AND SERVICES



SUBCHAPTER A. GENERAL PROVISIONS



Sec. 30.001. COORDINATION OF SERVICES TO CHILDREN WITH DISABILITIES. (a) In this section, "children with disabilities" means students eligible to participate in a school district's special education program under Section 29.003.


(b) The commissioner, with the approval of the State Board of Education, shall develop and implement a plan for the coordination of services to children with disabilities in each region served by a regional education service center. The plan must include procedures for:


(1) identifying existing public or private educational and related services for children with disabilities in each region;


(2) identifying and referring children with disabilities who cannot be appropriately served by the school district in which they reside to other appropriate programs;


(3) assisting school districts to individually or cooperatively develop programs to identify and provide appropriate services for children with disabilities;


(4) expanding and coordinating services provided by regional education service centers for children with disabilities; and


(5) providing for special services, including special seats, books, instructional media, and other supplemental supplies and services required for proper instruction.


(c) The commissioner may allocate appropriated funds to regional education service centers or may otherwise spend those funds, as necessary, to implement this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 30.0015. TRANSFER OF ASSISTIVE TECHNOLOGY DEVICES. (a) In this section:


(1) "Assistive technology device" means any device, including equipment or a product system, that is used to increase, maintain, or improve functional capabilities of a student with a disability.


(2) "Student with a disability" means a student who is eligible to participate in a school district's special education program under Section 29.003.


(3) "Transfer" means the process by which a school district that has purchased an assistive technology device may sell, lease, or loan the device for the continuing use of a student with a disability changing the school of attendance in the district or leaving the district.


(b) The agency by rule shall develop and annually disseminate standards for a school district's transfer of an assistive technology device to an entity listed in this subsection when a student with a disability using the device changes the school of attendance in the district or ceases to attend school in the 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:


(1) the school or school district in which the student enrolls;


(2) a state agency, including the Health and Human Services Commission, that provides services to the student following the student's graduation from high school; or


(3) the student's parents, or the student if the student has the legal capacity to enter into a contract.


(c) The standards developed under this section must include:


(1) a uniform transfer agreement to convey title to an assistive technology device and applicable warranty information;


(2) a method for computing the fair market value of an assistive technology device, including a reasonable allowance for use; and


(3) a process to obtain written consent by the student's parents, or the student where appropriate, to the transfer.


(d) This section does not alter any existing obligation under federal or state law to provide assistive technology devices to students with disabilities.


Added by Acts 1999, 76th Leg., ch. 682, Sec. 1, eff. June 18, 1999.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 6, eff. September 1, 2019.


Sec. 30.002. EDUCATION FOR CHILDREN WITH VISUAL IMPAIRMENTS. (a) The agency shall develop and administer a comprehensive statewide plan for the education of children with visual impairments who are under 21 years of age that will ensure that the children have an opportunity for achievement equal to the opportunities afforded their peers with normal vision.



Text of subsection effective until December 01, 2019



(b) The agency shall:


(1) develop standards and guidelines for all special education services for children with visual impairments that it is authorized to provide or support under this code;


(2) supervise regional education service centers and other entities in assisting school districts in serving children with visual impairments more effectively;


(3) develop and administer special education services for students with both serious visual and auditory impairments;


(4) evaluate special education services provided for children with visual impairments by school districts and approve or disapprove state funding of those services; and


(5) maintain an effective liaison between special education programs provided for children with visual impairments by school districts and related initiatives of the Department of Assistive and Rehabilitative Services Division for Blind Services, the Department of State Health Services Mental Health and Substance Abuse Division, the Texas School for the Blind and Visually Impaired, and other related programs, agencies, or facilities as appropriate.



Text of subsection effective on December 01, 2019



(b) The agency shall:


(1) develop standards and guidelines for all special education services for children with visual impairments that it is authorized to provide or support under this code;


(2) supervise regional education service centers and other entities in assisting school districts in serving children with visual impairments more effectively;


(3) develop and administer special education services for students with both serious visual and auditory impairments;


(4) evaluate special education services provided for children with visual impairments by school districts and approve or disapprove state funding of those services; and


(5) maintain an effective liaison between special education programs provided for children with visual impairments by school districts and related initiatives of the Health and Human Services Commission, the Department of State Health Services Mental Health and Substance Abuse Division, the Texas Workforce Commission, and other related programs, agencies, or facilities as appropriate.


(c) The comprehensive statewide plan for the education of children with visual impairments must:


(1) adequately provide for comprehensive diagnosis and evaluation of each school-age child with a serious visual impairment;


(2) include the procedures, format, and content of the individualized education program for each child with a visual impairment;


(3) emphasize providing educational services to children with visual impairments in their home communities whenever possible;


(4) include methods to ensure that children with visual impairments receiving special education services in school districts receive, before being placed in a classroom setting or within a reasonable time after placement:


(A) evaluation of the impairment; and


(B) instruction in an expanded core curriculum, which is required for students with visual impairments to succeed in classroom settings and to derive lasting, practical benefits from the education provided by school districts, including instruction in:


(i) compensatory skills, such as braille and concept development, and other skills needed to access the rest of the curriculum;


(ii) orientation and mobility;


(iii) social interaction skills;


(iv) career planning;


(v) assistive technology, including optical devices;


(vi) independent living skills;


(vii) recreation and leisure enjoyment;


(viii) self-determination; and


(ix) sensory efficiency;


(5) provide for flexibility on the part of school districts to meet the special needs of children with visual impairments through:


(A) specialty staff and resources provided by the district;


(B) contractual arrangements with other qualified public or private agencies;


(C) supportive assistance from regional education service centers or adjacent school districts;


(D) short-term or long-term services through the Texas School for the Blind and Visually Impaired or related facilities or programs; or


(E) other instructional and service arrangements approved by the agency;


(6) include a statewide admission, review, and dismissal process;


(7) provide for effective interaction between the visually impaired child's classroom setting and the child's home environment, including providing for parental training and counseling either by school district staff or by representatives of other organizations directly involved in the development and implementation of the individualized education program for the child;


(8) require the continuing education and professional development of school district staff providing special education services to children with visual impairments;


(9) provide for adequate monitoring and precise evaluation of special education services provided to children with visual impairments through school districts; and


(10) require that school districts providing special education services to children with visual impairments develop procedures for assuring that staff assigned to work with the children have prompt and effective access directly to resources available through:


(A) cooperating agencies in the area;


(B) the Texas School for the Blind and Visually Impaired;


(C) the Central Media Depository for specialized instructional materials and aids made specifically for use by students with visual impairments;


(D) sheltered workshops participating in the state program of purchases of blind-made goods and services; and


(E) related sources.


(c-1) To implement Subsection (c)(1) and to determine a child's eligibility for a school district's special education program on the basis of a visual impairment, the full individual and initial evaluation of the student required by Section 29.004 must, in accordance with commissioner rule:


(1) include an orientation and mobility evaluation conducted:


(A) by a person who is appropriately certified as an orientation and mobility specialist, as determined under commissioner rule; and


(B) in a variety of lighting conditions and in a variety of settings, including in the student's home, school, and community and in settings unfamiliar to the student; and


(2) provide for a person who is appropriately certified as an orientation and mobility specialist to participate, as part of a multidisciplinary team, in evaluating data on which the determination of the child's eligibility is based.


(c-2) The scope of any reevaluation by a school district of a student who has been determined, after the full individual and initial evaluation, to be eligible for the district's special education program on the basis of a visual impairment shall be determined, in accordance with 34 C.F.R. Sections 300.122 and 300.303 through 300.311, by a multidisciplinary team that includes, as provided by commissioner rule, a person described by Subsection (c-1)(1)(A).


(d) In developing, administering, and coordinating the statewide plan, the agency shall encourage the use of all pertinent resources, whether those resources exist in special education programs or in closely related programs operated by other public or private agencies, through encouraging the development of shared services arrangement working relationships and by assisting in the development of contractual arrangements between school districts and other organizations. The agency shall discourage interagency competition, overlap, and duplication in the development of specialized resources and the delivery of services.


(e) Each eligible blind or visually impaired student is entitled to receive educational programs according to an individualized education program that:


(1) is developed in accordance with federal and state requirements for providing special education services;


(2) is developed by a committee composed as required by federal law;


(3) reflects that the student has been provided a detailed explanation of the various service resources available to the student in the community and throughout the state;


(4) provides a detailed description of the arrangements made to provide the student with the evaluation and instruction required under Subsection (c)(4); and


(5) sets forth the plans and arrangements made for contacts with and continuing services to the student beyond regular school hours to ensure the student learns the skills and receives the instruction required under Subsection (c)(4)(B).


(f) In the development of the individualized education program for a student with a visual impairment, proficiency in reading and writing is a significant indicator of the student's satisfactory educational progress. The individualized education program for a student with a visual impairment must include instruction in braille and the use of braille unless the student's admission, review, and dismissal committee determines and documents that braille is not an appropriate literacy medium for the student. The committee's determination must be based on an evaluation of the student's appropriate literacy media and literacy skills and the student's current and future instructional needs. Braille instruction:


(1) may be used in combination with other special education services appropriate to the student's educational needs; and


(2) shall be provided by a teacher certified to teach students with visual impairments.


(f-1) Each person assisting in the development of the individualized education program for a student with a visual impairment shall receive information describing the benefits of braille instruction.


(g) To facilitate implementation of this section, the commissioner shall develop a system to distribute from the foundation school fund to school districts or regional education service centers a special supplemental allowance for each student with a visual impairment and for each student with a serious visual disability and another medically diagnosed disability of a significantly limiting nature who is receiving special education services through any approved program. The supplemental allowance may be spent only for special services uniquely required by the nature of the student's disabilities and may not be used in lieu of educational funds otherwise available under this code or through state or local appropriations.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 505 (S.B. 39), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 637 (H.B. 590), Sec. 1, eff. September 1, 2013.


Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.09, eff. December 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 425 (S.B. 522), Sec. 1, eff. June 4, 2019.


Sec. 30.003. SUPPORT OF STUDENTS ENROLLED IN TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED OR TEXAS SCHOOL FOR THE DEAF. (a) For each student enrolled in the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf, the school district that is responsible for providing appropriate special education services to the student shall share the cost of the student's education as provided by this section.


(b) If the student is admitted to the school for a full-time program for the equivalent of two long semesters, the district's share of the cost is an amount equal to the dollar amount of maintenance and debt service taxes imposed by the district for that year divided by the district's average daily attendance for the preceding year.


(c) If the student is admitted for a program less than two complete semesters in duration, other than a summer program, the district's share of the cost is an amount equal to the amount that would be the district's share under Subsection (b) for a full-time program multiplied by the quotient resulting from the number of full-time equivalent days in the program divided by the minimum number of days of instruction for students as provided by Section 25.081.


(d) Each school district and state institution shall provide to the commissioner the necessary information to determine the district's share under this section. The information must be reported to the commissioner on or before a date set by rule of the State Board of Education. After determining the amount of a district's share for all students for which the district is responsible, the commissioner shall deduct that amount from the payments of foundation school funds payable to the district. Each deduction shall be in the same percentage of the total amount of the district's share as the percentage of the total foundation school fund entitlement being paid to the district at the time of the deduction, except that the amount of any deduction may be modified to make necessary adjustments or to correct errors. The commissioner shall provide for remitting the amount deducted to the appropriate school at the same time at which the remaining funds are distributed to the district. If a district does not receive foundation school funds or if a district's foundation school entitlement is less than the amount of the district's share under this section, the commissioner shall direct the district to remit payment to the commissioner, and the commissioner shall remit the district's share to the appropriate school.


(e) For each student enrolled in the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf, the appropriate school is entitled to the state available school fund apportionment.


(f) The commissioner, with the assistance of the comptroller, shall determine the amount that the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf would have received from the available school fund if Chapter 28, Acts of the 68th Legislature, 2nd Called Session, 1984, had not transferred statutorily dedicated taxes from the available school fund to the foundation school fund. That amount, minus any amount the schools do receive from the available school fund, shall be set apart as a separate account in the foundation school fund and appropriated to those schools for educational purposes.



Text of subsection effective until September 01, 2020



(f-1) The commissioner shall determine the total amount that the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf would have received from school districts in accordance with this section if the following provisions had not reduced the districts' share of the cost of providing education services:


(1) H.B. No. 1, Acts of the 79th Legislature, 3rd Called Session, 2006;


(2) Section 45.0032; and


(3) Section 48.255.



Text of subsection effective on September 01, 2020



(f-1) The commissioner shall determine the total amount that the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf would have received from school districts in accordance with this section if the following provisions had not reduced the districts' share of the cost of providing education services:


(1) H.B. No. 1, Acts of the 79th Legislature, 3rd Called Session, 2006;


(2) Section 45.0032;


(3) Section 48.255; and


(4) Section 48.2551.


(f-2) The amount determined under Subsection (f-1), minus any amount the schools do receive from school districts, shall be set aside as a separate account in the foundation school fund and appropriated to those schools for educational purposes.


(g) The State Board of Education may adopt rules as necessary to implement this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 6, eff. Sept. 1, 1997.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 1.10, eff. May 31, 2006.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.005, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1A.002, eff. September 1, 2020.


Sec. 30.004. INFORMATION CONCERNING PROGRAMS. (a) Each school district shall provide each parent or other person having lawful control of a student with written information about:


(1) the availability of programs offered by state institutions for which the district's students may be eligible;


(2) the eligibility requirements and admission conditions imposed by each of those state institutions; and


(3) the rights of students in regard to admission to those state institutions and in regard to appeal of admission decisions.


(b) The State Board of Education shall adopt rules prescribing the form and content of information required by Subsection (a).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 30.005. TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED MEMORANDUM OF UNDERSTANDING. The Texas Education Agency and the Texas School for the Blind and Visually Impaired shall develop, agree to, and by commissioner rule adopt a memorandum of understanding to establish:


(1) the method for developing and reevaluating a set of indicators of the quality of learning at the Texas School for the Blind and Visually Impaired;


(2) the process for the agency to conduct and report on an annual evaluation of the school's performance on the indicators;


(3) the requirements for the school's board to publish, discuss, and disseminate an annual report describing the educational performance of the school;


(4) the process for the agency to:


(A) assign an accreditation status to the school;


(B) reevaluate the status on an annual basis; and


(C) if necessary, conduct monitoring reviews; and


(5) the type of information the school shall be required to provide through the Public Education Information Management System (PEIMS).


Added by Acts 1997, 75th Leg., ch. 1341, Sec. 5, eff. Sept. 1, 1997.


Amended by:


Acts 2005, 79th Leg., Ch. 679 (S.B. 188), Sec. 1, eff. June 17, 2005.


Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 6, eff. June 19, 2015.


SUBCHAPTER B. TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED



Sec. 30.021. PURPOSE OF TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED. (a) The Texas School for the Blind and Visually Impaired is a state agency established to serve as a special school in the continuum of statewide alternative placements for students who are 21 years of age or younger on September 1 of any school year and who have a visual impairment and who may have one or more other disabilities. The school is intended to serve students who require specialized or intensive educational or related services related to the visual impairment. The school is not intended to serve:


(1) students whose needs are appropriately addressed in a home or hospital setting or in a residential treatment facility; or


(2) students whose primary, ongoing needs are related to a severe or profound emotional, behavioral, or cognitive deficit.


(b) The school district in which a student resides is responsible for assuring that a free appropriate public education is provided to each district student placed in the regular school year program of the school and that all legally required meetings for the purpose of developing and reviewing the student's individualized educational program are conducted. If the school disagrees with a district's individualized education program committee recommendation that a student be evaluated for placement, initially placed, or continued to be placed at the school, the district or the school may seek resolution according to a procedure established by the commissioner or through any due process hearing to which the district or school is entitled under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).


(c) The school shall conduct supplemental programs, such as summer programs and student exchange programs, and shall consider information from sources throughout the state regarding the nature of those programs and students to be served.


(d) The school shall provide statewide services to parents of students with visual impairments, school districts, regional education service centers, and other agencies serving students with visual impairments, including students who have one or more disabilities in addition to the visual impairment, such as students who are deaf-blind. Those services must include:


(1) developing and providing local, regional, and statewide training for parents of students with visual impairments and professionals who work with persons with visual impairments;


(2) providing consultation and technical assistance to parents and professionals related to special education and related services for students;


(3) developing and disseminating reference materials including materials in the areas of curriculum, instructional methodology, and educational technology;


(4) providing information related to library resources, adapted materials, current research, technology resources, and teaching, assessment, and transition of students with visual impairments;


(5) operating programs for lending educational and technological materials to school districts and regional education service centers; and


(6) facilitating the preparation of teachers for visually impaired students by providing assistance to colleges and universities as well as other teacher preparation programs.


(e) The school shall cooperate with public and private agencies and organizations serving students and other persons with visual impairments in the planning, development, and implementation of effective educational and rehabilitative service delivery systems associated with educating students with visual impairments. To maximize and make efficient use of state facilities, funding, and resources, the services provided in this area may include conducting a cooperative program with other agencies to serve students who have graduated from high school by completing all academic requirements applicable to students in regular education, excluding satisfactory performance under Section 39.025, who are younger than 22 years of age on September 1 of the school year and who have identified needs related to vocational training, independent living skills, orientation and mobility, social and leisure skills, compensatory skills, or remedial academic skills.


(f) The school may operate an on-campus canteen to offer food service at mealtimes and during other times of the day.


(g) If a school district or another educational entity requests an assessment of a student's educational or related needs related to visual impairment, the school may conduct an assessment and charge a reasonable fee for the assessment.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1341, Sec. 1, eff. Sept. 1, 1997.


Amended by:


Acts 2005, 79th Leg., Ch. 680 (S.B. 189), Sec. 1, eff. June 17, 2005.


Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 6, eff. September 1, 2007.


Sec. 30.022. GOVERNANCE OF THE TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED. (a) The Texas School for the Blind and Visually Impaired is governed by a nine-member board appointed by the governor in accordance with this section and confirmed by the senate. A person may not serve simultaneously on the school's governing board and the board of the Texas Commission for the Blind. The board shall be composed of:


(1) three members who are blind or visually impaired, at least one of whom has received educational services related to the blindness or visual impairment;


(2) three members who are working or have worked as professionals in the field of delivering services to persons who are blind or visually impaired; and


(3) three members, each of whom is the parent of a child who is blind or visually impaired, and at least one of whom is the parent of a child who, at the time of the parent's appointment, is receiving educational services related to the blindness or visual impairment.


(b) Members of the board serve for terms of six years, with the terms of three members expiring on January 31 of each odd-numbered year.


(c) Members of the board serve without salary but are entitled to reimbursement for actual and necessary expenses incurred in carrying out official duties.


(d) The board shall organize and conduct itself in the same manner as an independent school district board of trustees to the extent that the organization and conduct do not conflict with the board's responsibilities relating to the status of the school as a state agency.


(e) The board shall prepare or provide for preparation of a biennial budget request for the school for presentation to the legislature.


(f) Before the beginning of each fiscal year, the board shall adopt a calendar for the school's operation that provides for at least:


(1) the minimum number of days of instruction required by Section 25.081; and


(2) the minimum number of days of service required by Section 21.401.


(g) Except as otherwise provided by this subsection, an action of the board may be appealed to a district court in Travis County. An action of the board related to a dismissal during the term of a teacher's contract or to a nonrenewal of a teacher's contract may be appealed to the commissioner in the manner prescribed by Subchapter G, Chapter 21. For the purposes of this subsection, the term "teacher" has the meaning assigned by Section 30.024(a).


(h) Except as provided by Subsection (h-1), the board has jurisdiction over the physical assets of the school and shall administer and spend appropriations made for the benefit of the school.


(h-1) The Texas Facilities Commission shall provide all facilities maintenance services for the physical facilities of the school as provided by Section 2165.007, Government Code.


(i) The board may accept and retain control of gifts, devises, bequests, donations, or grants, either absolutely or in trust, of money, securities, personal property, and real property from any individual, estate, group, association, or corporation. The funds or other property donated or the income from the property may be spent by the board for:


(1) any purpose designated by the donor that is in keeping with the lawful purpose of the school; or


(2) any legal purpose, if a specific purpose is not designated by the donor.


(j) The board may license some or all of the physical facilities of the school and shall adopt policies implementing this subsection which may include establishing a fee schedule for lease of the facilities to the following persons under the following conditions:


(1) any organization, group, or individual for the prevailing market rate; or


(2) a federal or state agency, a unit of local government, a nonprofit organization, a school employee, or an individual member of the general public for less than the prevailing market rate if the board determines that sufficient public benefit will be derived from the use.


(k) A license issued by the board under Subsection (j) is subject to termination on sale or lease of the affected facility under Chapter 672, Acts of the 71st Legislature, Regular Session, 1989 (Article 5421t, Vernon's Texas Civil Statutes), and Subchapter E, Chapter 31, Natural Resources Code.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1341, Sec. 2, eff. Sept. 1, 1997.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1358 (S.B. 1457), Sec. 1, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 247 (S.B. 836), Sec. 1, eff. May 29, 2015.


Sec. 30.023. SUPERINTENDENT OF THE TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED. (a) The superintendent of the Texas School for the Blind and Visually Impaired is appointed by the governing board of the school.


(b) To be eligible to be appointed and serve as superintendent a person must:


(1) hold an advanced degree;


(2) have training and experience in the education of students with visual impairments and in the administration of a program serving students with visual impairments; and


(3) satisfy any other requirement the board establishes.


(c) The superintendent may reside at the school.


(d) The board shall annually establish the superintendent's salary. The annual salary may not exceed 120 percent of the annual salary of the highest paid instructional administrator at the school.


(e) The superintendent is the chief administrative officer of the school. The superintendent shall take any necessary and appropriate action to carry out the functions and purposes of the school according to any general policy the board prescribes.


(f) At least once each quarter, the superintendent shall report to the board concerning the superintendent's activities, progress in implementing any general policy prescribed by the board, any exceptional matter relating to the program, general statistical summaries of services provided by the school during the period covered by the report, budget matters of major consequence or concern, and any additional matter the board requests to be specifically included in the report.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2005, 79th Leg., Ch. 680 (S.B. 189), Sec. 2, eff. June 17, 2005.


Sec. 30.024. EMPLOYEES OF THE TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED. (a) In this section, "teacher" means a principal, supervisor, classroom teacher, school counselor, or other full-time professional employee who is required to hold a certificate issued under Subchapter B, Chapter 21, except the term does not include a superintendent or any employee who does not provide direct and regular services to students at the school.


(b) The governing board of the school may enter into an employment contract with any employee who provides, or supervises any employee who provides, direct and regular educational services to students or who provides other professional educational services. An employee employed under this subsection is not subject to Section 2252.901, Government Code. Each teacher shall be employed under a term contract as provided by Subchapter E, Chapter 21, or under a probationary contract as provided by Subchapter C, Chapter 21. An employee employed under a contract under this subsection:


(1) shall be paid in accordance with a salary structure adopted by the superintendent with the concurrence of the board that provides salaries, including assignment stipends, equal, on a daily-rate basis, to salaries, including assignment stipends, paid to employees employed in comparable positions by the Austin Independent School District;


(2) is not eligible for longevity pay under Subchapter D, Chapter 659, Government Code, and is not entitled to a paid day off from work on any national or state holiday;


(3) is eligible for sick leave accrual under the General Appropriations Act in each month in which at least one day of the month is included in the term of the employment contract and in any other month in which work is performed or paid leave is taken;


(4) may be permitted by the board to take paid time off from work during the term of the employment contract for personal reasons as designated by the board, but the paid time off may not exceed three days per contract term and may not be carried forward from one contract term to a subsequent contract term;


(5) may be permitted by the board to be paid the salary designated in the employment contract in 12 monthly installments; and


(6) shall work the hours established by the superintendent.


(c) In addition to any other federal and state statutes limiting the liability of employees at the school, Sections 22.0511, 22.0512, 22.052, and 22.053, respectively, apply to professional employees and volunteers of the school.


(d) The governing board may authorize the payment of a stipend to a school employee who is authorized by the superintendent to perform additional duties outside the employee's normal work schedule.


(e) The school's operating hours are as follows:


(1) on a day designated in the school's annual calendar as a day for instruction or teacher service, the school's office hours shall be the same as any other state agency; and


(2) on any other day, the school is not required to maintain office hours, except that the superintendent may require an employee to work as needed for the efficient operation of the school, and an employee who is not required to work must either use paid leave, or if paid leave is not available, may not be paid for that day.


(f) The school may hire an employee to be paid on an hourly basis to work as a substitute for a regular full-time or part-time employee who is unavailable to perform regular duties. An employee working as a substitute for another employee is not entitled to paid holidays or compensatory time off for holidays worked, vacation leave, sick leave, or any other leave provided to a state employee under the General Appropriations Act.


(g) The school may pay to a teacher or employee who provides services or supervises an employee who provides services as described by Subsection (b) and who is employed in a supplemental program under Section 30.021(c) a salary that, on a daily-rate basis, does not exceed the salary paid by the Austin Independent School District to an employee employed in a comparable position during the regular school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1341, Sec. 3, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 204, Sec. 15.03, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, Sec. 4, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 680 (S.B. 189), Sec. 3, eff. June 17, 2005.


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 24, eff. June 14, 2013.


Sec. 30.025. FUNDING OF TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED. The funding of the Texas School for the Blind and Visually Impaired consists of:


(1) money the legislature specifically appropriates to the school;


(2) money the agency allocates to the school under this code;


(3) money paid under a contract or other agreement;


(4) money the school receives through a gift or bequest;


(5) a payment the school receives from a school district under Section 30.003; and


(6) the school's share of the available school fund and payments to compensate for payments no longer made from the available school fund as provided by Section 30.003(f).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 30.027. LEASE OF CERTAIN PROPERTY OF TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED. (a) The Texas School for the Blind and Visually Impaired may lease available real property on the school's campus located at 1100 West 45th Street, Austin, Travis County, to a private, nonprofit corporation that provides print-handicapped persons with auditory materials. The lease must provide that the corporation must use the property for those services.


(b) In determining the fair market consideration for the lease, actual benefits to be received by the school, the school's students, and the blind and visually impaired community in the state may be considered.


(c) The asset management division of the General Land Office shall negotiate the terms of the lease, determine the most suitable location for the lease, and close the transaction on behalf of the school as provided by Subchapter E, Chapter 31, Natural Resources Code. The asset management division is not required to transact the lease by sealed bid or public auction.


(d) Proceeds from the real estate transaction conducted under this section shall be deposited to the credit of the general revenue fund.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 30.028. LEASE OF CERTAIN PROPERTY OF TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED FOR A DAY-CARE CENTER. (a) The Texas School for the Blind and Visually Impaired may lease available building space on the school's campus located at 1100 West 45th Street, Austin, Travis County, to a private provider to provide a day-care center for children of the school's employees, other state employees, and private customers.


(b) The school is authorized to determine a fair rental rate for the property and may consider the actual benefits to be received by the school's employees and students.


(c) The asset management division of the General Land Office shall negotiate the terms of the lease and close the transaction on behalf of the school as provided by Subchapter E, Chapter 31, Natural Resources Code.


(d) Proceeds from the lease transaction conducted under this section shall be deposited to the credit of the school in the general revenue fund.


(e) A lease entered into by the board under Subsection (a) is subject to termination on sale or lease of the affected facility under Chapter 672, Acts of the 71st Legislature, Regular Session, 1989 (Article 5421t, Vernon's Texas Civil Statutes), and Subchapter E, Chapter 31, Natural Resources Code.


Added by Acts 1997, 75th Leg., ch. 1341, Sec. 4, eff. Sept. 1, 1997.


Sec. 30.029. ANN P. SILVERRAIN BUILDING. The classroom building on the campus of the Texas School for the Blind and Visually Impaired formerly known as the Life Skills Building, located at the rear of the east side of the campus near Sunshine Drive at 1100 West 45th Street in Austin, is named the Ann P. Silverrain Building in honor of Ann P. Silverrain.


Added by Acts 1999, 76th Leg., ch. 353, Sec. 1, eff. May 29, 1999.


SUBCHAPTER C. TEXAS SCHOOL FOR THE DEAF



Sec. 30.051. PURPOSE OF TEXAS SCHOOL FOR THE DEAF.


(a) The Texas School for the Deaf is a state agency established to provide educational services to persons who are 21 years of age or younger on September 1 of any school year and who are deaf or hard of hearing and who may have one or more other disabilities. The school shall provide comprehensive educational services, on a day or residential basis, and short-term services to allow a student to better achieve educational results from services available in the community. The school is not intended to serve:


(1) students whose needs are appropriately addressed in a home or hospital setting or a residential treatment facility; or


(2) students whose primary, ongoing needs are related to a severe or profound emotional, behavioral, or cognitive deficit.


(b) The school shall serve as a primary statewide resource center promoting excellence in education for students who are deaf or hard of hearing through research, training, and demonstration projects.


(c) The school shall work in partnership with state, regional, and local agencies to provide new or improved programs or methods to serve the previously unmet or future needs of persons throughout the state who are deaf or hard of hearing.


(d) The school shall cooperate with public and private agencies and organizations serving students and other persons who are deaf or hearing impaired in the planning, development, and implementation of effective educational and rehabilitative service delivery systems associated with educating students who are deaf or hard of hearing. To maximize and make efficient use of state facilities, funding, and resources, the services provided in this area may include conducting a cooperative program with other agencies to serve persons who have graduated from high school and who have identified needs related to vocational training, independent living skills, and social and leisure skills.


(e) If a school district or another educational entity requests an assessment of a student's educational or related needs related to hearing impairment, the school may conduct an assessment and charge a reasonable fee for the assessment.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1340, Sec. 1, eff. Sept. 1, 1997.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 7.01, eff. May 31, 2006.


Sec. 30.052. GOVERNANCE OF THE TEXAS SCHOOL FOR THE DEAF. (a) The Texas School for the Deaf is governed by a nine-member board appointed by the governor in accordance with this section and confirmed by the senate. A person may not serve simultaneously on the school's governing board and the board of the Texas Commission for the Deaf and Hard of Hearing. Each member of the board must be a person who is experienced in working with persons who are deaf or hard of hearing, a person who is the parent of a person who is deaf, or a person who is deaf. The board, at least five of whom must be deaf, consists of:


(1) at least one person who is an alumnus of the Texas School for the Deaf;


(2) at least three persons who are parents of a deaf person; and


(3) at least three persons who are experienced in working with deaf persons.


(b) Members of the board serve for terms of six years, with the terms of three members expiring on January 31 of each odd-numbered year.


(c) Members of the board serve without salary but are entitled to reimbursement for actual and necessary expenses incurred in carrying out official duties.


(d) The board shall organize and conduct itself in the same manner as an independent school district board of trustees to the extent that the organization and conduct do not conflict with the board's responsibilities relating to the status of the school as a state agency.


(e) The board shall prepare or provide for preparation of a biennial budget request for the school for presentation to the legislature.


(f) Before the beginning of each fiscal year, the board shall adopt a calendar for the school's operation that provides for at least:


(1) the minimum number of days of instruction required by Section 25.081; and


(2) the minimum number of days of service required by Section 21.401.


(g) Except as otherwise provided by this subsection, an action of the board may be appealed to a district court in Travis County. An action of the board related to a dismissal during the term of a teacher's contract or to a nonrenewal of a teacher's contract may be appealed to the commissioner in the manner prescribed by Subchapter G, Chapter 21. For the purposes of this subsection, the term "teacher" has the meaning assigned by Section 30.055(a).


(h) Except as provided by Subsection (h-1), the board has jurisdiction over the physical assets of the school and shall administer and spend appropriations to carry out the purposes of the school as provided by Section 30.051.


(h-1) The Texas Facilities Commission shall provide all facilities maintenance services for the physical facilities of the school as provided by Section 2165.007, Government Code.


(i) The board may accept and retain control of gifts, devises, bequests, donations, or grants, either absolutely or in trust, of money, securities, personal property, and real property from any individual, estate, group, association, or corporation. The funds or other property donated or the income from the property may be spent by the board for:


(1) any purpose designated by the donor that is in keeping with the lawful purpose of the school; or


(2) any legal purpose, if a specific purpose is not designated by the donor.


(j) The board may license some or all of the physical facilities of the school and shall adopt policies implementing this subsection which may include establishing a fee schedule for lease of the facilities to the following persons under the following conditions:


(1) any organization, group, or individual at the prevailing market rate; or


(2) a federal or state agency, a unit of local government, a nonprofit organization, a school employee, or an individual member of the general public at less than the prevailing market rate if the board determines that sufficient public benefit will be derived from the use.


(k) A license issued by the board under Subsection (j) is subject to termination on sale or lease of the affected facility under Chapter 672, Acts of the 71st Legislature, Regular Session, 1989 (Article 5421t, Vernon's Texas Civil Statutes), and Subchapter E, Chapter 31, Natural Resources Code.


(l) The governing board of the Texas School for the Deaf may employ security personnel, enter into a memorandum of understanding with a local law enforcement agency for the provision of school resource officers, and commission peace officers in the same manner as a board of trustees of a school district under Section 37.081.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.02, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1340, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1308, Sec. 1, eff. Aug. 31, 1999.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 2, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1358 (S.B. 1457), Sec. 2, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 247 (S.B. 836), Sec. 2, eff. May 29, 2015.


Acts 2019, 86th Leg., R.S., Ch. 402 (S.B. 1707), Sec. 1, eff. June 2, 2019.


Sec. 30.053. SUPERINTENDENT OF THE TEXAS SCHOOL FOR THE DEAF. (a) The superintendent of the Texas School for the Deaf is appointed by the governing board of the school.


(b) The superintendent must:


(1) hold an advanced degree in the field of education;


(2) have teaching and administrative experience in programs serving students who are deaf; and


(3) satisfy any other requirements the board establishes.


(c) The superintendent may reside at the school.


(d) The board shall annually establish the superintendent's salary. The annual salary may not exceed 120 percent of the annual salary of the highest paid instructional administrator at the school.


(e) The superintendent is the chief administrative officer of the school. The superintendent shall take any necessary and appropriate action to carry out the functions and purposes of the school according to any general policy the board prescribes.


(f) The superintendent may provide directly to a parent or guardian of a student written information regarding:


(1) the availability of a program offered by a state institution for which the student may be eligible;


(2) any eligibility and admission requirements imposed by the state institution; and


(3) the rights of a student regarding admission to the state institution and appeal of an admission decision.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 7.02, eff. May 31, 2006.


Sec. 30.054. PRINTING AT THE TEXAS SCHOOL FOR THE DEAF. (a) In addition to any other area of curriculum the State Board of Education requires the Texas School for the Deaf to offer, the superintendent of the school may require that the art of printing, in all its branches, be offered at the school.


(b) The superintendent may authorize any public printing for the state to be performed at the Texas School for the Deaf without regard to any contract with a person for public printing.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 30.055. EMPLOYEES OF THE TEXAS SCHOOL FOR THE DEAF. (a) In this section, "teacher" means a principal, supervisor, classroom teacher, school counselor, or other full-time professional employee who is required to hold a certificate issued under Subchapter B, Chapter 21, except the term does not include a superintendent.


(b) The governing board of the school may enter into an employment contract with any employee who provides, or supervises any employee who provides, direct and regular educational services to students or who provides other professional, educational services. An employee employed under this subsection is not subject to Section 2252.901, Government Code. Each teacher shall be employed under a term contract as provided by Subchapter E, Chapter 21, or under a probationary contract as provided by Subchapter C, Chapter 21. An employee employed under a contract under this subsection:


(1) shall be paid in accordance with a salary structure adopted by the superintendent with the concurrence of the board that provides salaries, including assignment stipends, equal, on a daily-rate basis, to salaries, including assignment stipends, paid to employees employed in comparable positions by the Austin Independent School District;


(2) is not eligible for longevity pay under Subchapter D, Chapter 659, Government Code, and is not entitled to a paid day off from work on any national or state holiday;


(3) is eligible for sick leave accrual under the General Appropriations Act in each month in which at least one day of the month is included in the term of the employment contract and in any other month in which work is performed or paid leave is taken;


(4) may be permitted by the board to use a maximum of four days per contract term of accrued sick leave for personal reasons as designated by the board but the number of sick leave days not used for personal reasons during a contract term may not be carried forward to a subsequent contract term for use as personal leave;


(5) shall be paid the salary designated in the employment contract in 12 monthly installments if the employee chooses to be paid in that manner;


(6) shall work the hours established by the superintendent; and


(7) in addition to the contract salary received during the employee's first year of employment with the school and for the purpose of reducing a vacancy in a position that is difficult to fill because of the specialized nature and the limited number of qualified applicants, may be paid a salary supplement, not to exceed any salary supplement paid by the Austin Independent School District to an employee employed in a comparable position.


(c) In addition to any other federal and state statutes limiting the liability of employees at the school, Sections 22.0511, 22.0512, 22.052, and 22.053, respectively, apply to professional employees and volunteers of the school.


(d) The governing board may authorize the payment of a stipend to a school employee who is authorized by the superintendent to perform additional duties outside the employee's normal work schedule.


(e) The school's operating hours are as follows:


(1) on a day designated in the school's annual calendar as a day for instruction or teacher service, the school's office hours shall be the same as any other state agency; and


(2) on any other day, the school is not required to maintain office hours, except that the superintendent may require an employee to work as needed for the efficient operation of the school, and an employee who is not required to work may be required by the superintendent to use paid leave, or if paid leave is not required to be used or is not available, may be required to take leave without pay.


(f) The school may hire an employee to be paid on an hourly basis to work as a substitute for a regular full-time or part-time employee who is unavailable to perform regular duties. An employee working as a substitute for another employee is not entitled to paid holidays or compensatory time off for holidays worked, vacation leave, sick leave, or any other leave provided to a state employee under the General Appropriations Act.


(g) The school may pay to a teacher or employee who provides services or supervises an employee who provides services as described by Subsection (b) and who is employed to provide short-term services under Section 30.051(a) a salary that, on a daily-rate basis, does not exceed the salary paid by the Austin Independent School District to an employee employed in a comparable position during the regular school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1230, Sec. 1, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1340, Sec. 3, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 204, Sec. 15.04, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, Sec. 5, eff. Sept. 1, 2003.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 7.03, eff. May 31, 2006.


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 25, eff. June 14, 2013.


Sec. 30.056. FUNDING OF THE TEXAS SCHOOL FOR THE DEAF. The funding of the Texas School for the Deaf consists of:


(1) money the legislature specifically appropriates for the school;


(2) money the agency allocates to the school under this code;


(3) money paid under a contract or other agreement;


(4) money the school receives through a gift or bequest;


(5) a payment the school receives from a school district under Section 30.003; and


(6) the school's share of the available school fund and payments to compensate for payments no longer made from the available school fund as provided by Section 30.003(f).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 30.057. ADMISSION TO TEXAS SCHOOL FOR THE DEAF. (a) The Texas School for the Deaf shall provide services in accordance with Section 30.051 to any eligible student with a disability for whom the school is an appropriate placement if the student has been referred for admission:


(1) by the school district in which the student resides under the student's individualized education program;


(2) by the student's parent or legal guardian, or a person with legal authority to act in place of the parent or legal guardian, or the student, if the student is age 18 or older, at any time during the school year, if the referring person chooses the school as the appropriate placement for the student rather than the placement in the student's local or regional program recommended under the student's individualized education program; or


(3) by the student's parent or legal guardian through the student's admission, review, and dismissal or individualized family service plan committee, as an initial referral to special education for students who are three years of age or younger.


(b) The commissioner, with the advice of the school's governing board, shall adopt rules to implement this section. The rules adopted by the commissioner may address the respective responsibilities of a student's parent or legal guardian or a person with legal authority to act in place of the parent or legal guardian, or the student, if age 18 or older, the school district in which the student resides, and the school.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1340, Sec. 4, eff. Sept. 1, 1997.


Sec. 30.059. LEASE OF CERTAIN PROPERTY OF TEXAS SCHOOL FOR THE DEAF FOR A DAY-CARE CENTER. (a) The Texas School for the Deaf may lease available building space on the school's campus located at 1102 South Congress, Austin, Travis County, to a private provider to provide a day-care center for children of the school's employees, other state employees, and private customers.


(b) The school is authorized to determine a fair rental rate for the property and may consider the actual benefits to be received by the school's employees and students.


(c) The asset management division of the General Land Office shall negotiate the terms of the lease and close the transaction on behalf of the school as provided by Subchapter E, Chapter 31, Natural Resources Code.


(d) Proceeds from the lease transaction conducted under this section shall be deposited to the credit of the school in the general revenue fund.


(e) A lease entered into by the board under Subsection (a) is subject to termination on sale or lease of the affected facility under Chapter 672, Acts of the 71st Legislature, Regular Session, 1989 (Article 5421t, Vernon's Texas Civil Statutes), and Subchapter E, Chapter 31, Natural Resources Code.


Added by Acts 1997, 75th Leg., ch. 1340, Sec. 5, eff. Sept. 1, 1997.


SUBCHAPTER D. REGIONAL DAY SCHOOLS FOR THE DEAF



Sec. 30.081. LEGISLATIVE INTENT CONCERNING REGIONAL DAY SCHOOLS FOR THE DEAF. The legislature, by this subchapter, intends to continue a process of providing on a statewide basis a suitable education to deaf or hard of hearing students who are under 21 years of age and assuring that those students have the opportunity to become independent citizens.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 30.082. DIRECTOR OF SERVICES. To carry out legislative intent and the objectives of Section 30.081, the agency shall employ a director of services to students who are deaf or hard of hearing.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 30.083. STATEWIDE PLAN. (a) The director of services shall develop and administer a comprehensive statewide plan for educational services for students who are deaf or hard of hearing, including continuing diagnosis and evaluation, counseling, and teaching. The plan shall be designed to accomplish the following objectives:


(1) providing assistance and counseling to parents of students who are deaf or hard of hearing in regional day school programs for the deaf and admitting to the programs students who have a hearing loss that interferes with the processing of linguistic information;


(2) enabling students who are deaf or hard of hearing to reside with their parents or guardians and be provided an appropriate education in their home school districts or in regional day school programs for the deaf;


(3) enabling students who are deaf or hard of hearing who are unable to attend schools at their place of residence and whose parents or guardians live too far from facilities of regional day school programs for the deaf for daily commuting to be accommodated in foster homes or other residential school facilities provided for by the agency so that those children may attend a regional day school program for the deaf;


(4) enrolling in the Texas School for the Deaf those students who are deaf or hard of hearing whose needs can best be met in that school and designating the Texas School for the Deaf as the statewide educational resource for students who are deaf or hard of hearing;


(5) encouraging students in regional day school programs for the deaf to attend general education classes on a part-time, full-time, or trial basis; and


(6) recognizing the need for development of language and communications abilities in students who are deaf or hard of hearing, but also calling for the use of methods of communication that will meet the needs of each individual student, with each student assessed thoroughly so as to ascertain the student's potential for communications through a variety of means, including through oral or aural means, fingerspelling, or sign language.


(b) The director of services may establish separate programs to accommodate diverse communication methodologies.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 30.084. ESTABLISHMENT OF PROGRAMS. The State Board of Education shall apportion the state into five regions and establish a regional day school program for the deaf in each region. Activities of a regional day school program for the deaf may be conducted on more than one site.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 30.085. USE OF LOCAL RESOURCES. Local resources shall be used to the fullest practicable extent in the establishment and operation of the regional day school programs for the deaf.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 30.086. POWERS AND DUTIES OF AGENCY. (a) The agency shall contract with any qualified organization or individual for diagnostic, evaluative, or instructional services or any other services relating to the education of students who are deaf or hard of hearing, including transportation or maintenance services.


(b) The agency shall employ educational and other personnel, may purchase or lease property, may accept gifts or grants of property or services from any source, including an independent school district or institution of higher education in this state, to establish and operate regional day school programs for the deaf.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 30.087. FUNDING. (a) The cost of educating students who are deaf or hard of hearing shall be borne by the state and paid from the foundation school fund, but independent school districts and institutions of higher education in the state may and are encouraged to make available property or services in cooperation with the regional day school programs for the deaf for any activities related to the education of students who are deaf or hard of hearing, including research, personnel training, and staff development.


(b) From the amount appropriated for regional day school programs, the commissioner shall allocate funds to each program based on the number of weighted full-time equivalent students served. The commissioner may consider local resources available in allocating funds under this subsection.


(c) A school district may receive an allotment for transportation of students participating in a regional day school program, determined in the same manner as an allotment for the transportation of other special education students.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


SUBCHAPTER E. TEXAS JUVENILE JUSTICE DEPARTMENT FACILITIES



Sec. 30.101. PURPOSE. The purpose of this subchapter is to provide the state available school fund apportionment to children committed to the Texas Juvenile Justice Department. To provide the state available school fund apportionment for educational purposes, the educational programs provided to those children are considered to be educational services provided by public schools.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 25, eff. September 1, 2015.


Sec. 30.102. ALLOCATION. (a) The Texas Juvenile Justice Department is entitled to receive the state available school fund apportionment based on the average daily attendance in the department's educational programs of students who are at least three years of age and not older than 21 years of age.


(b) A classroom teacher, full-time librarian, full-time school counselor certified under Subchapter B, Chapter 21, or full-time school nurse employed by the department is entitled to receive as a minimum salary the monthly salary specified by Section 21.402. A classroom teacher, full-time librarian, full-time school counselor, or full-time school nurse may be paid, from funds appropriated to the department, a salary in excess of the minimum specified by that section, but the salary may not exceed the rate of pay for a similar position in the public schools of an adjacent school district.


(c) The commissioner, with the assistance of the comptroller, shall determine the amount that the department would have received from the available school fund if Chapter 28, Acts of the 68th Legislature, 2nd Called Session, 1984, had not transferred statutorily dedicated taxes from the available school fund to the foundation school fund. That amount, minus any amount the schools do receive from the available school fund, shall be set apart as a separate account in the foundation school fund and appropriated to the department for educational purposes.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.33, eff. Sept. 1, 1999.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 26, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 26, eff. September 1, 2015.


Sec. 30.103. MEMORANDUM OF UNDERSTANDING. The Texas Juvenile Justice Department with the assistance of the Texas Workforce Commission and the Texas Workforce Investment Council shall by rule adopt a memorandum of understanding that establishes the respective responsibility of those entities to provide through local workforce development boards job training and employment assistance programs to children committed or formerly sentenced to the department. The department shall coordinate the development of the memorandum of understanding and include in its annual report information describing the number of children in the preceding year receiving services under the memorandum.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 817, Sec. 10.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 818, Sec. 6.02, eff. Sept. 1, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 27, eff. September 1, 2015.


Sec. 30.104. CREDIT FOR COMPLETION OF EDUCATIONAL PROGRAMS; HIGH SCHOOL DIPLOMA AND CERTIFICATE. (a) A school district shall grant to a student credit toward the academic course requirements for high school graduation for courses the student successfully completes in Texas Juvenile Justice Department educational programs.


(b) A student may graduate and receive a diploma from a department educational program if:


(1) the student successfully completes the curriculum requirements identified by the State Board of Education under Section 28.025(a) and complies with Section 39.025; or


(2) the student successfully completes the curriculum requirements under Section 28.025(a) as modified by an individualized education program developed under Section 29.005.


(c) A department educational program may issue a certificate of course-work completion to a student who successfully completes the curriculum requirements identified by the State Board of Education under Section 28.025(a) but who fails to comply with Section 39.025.


Added by Acts 2003, 78th Leg., ch. 283, Sec. 42, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 5, eff. May 27, 2005.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 28, eff. September 1, 2015.


Sec. 30.106. READING AND BEHAVIOR PLAN. (a) Because learning and behavior are inextricably linked and learning and improved behavior correlate with decreased recidivism rates, the Texas Juvenile Justice Department shall not only fulfill the department's duties under state and federal law to provide general and special educational services to students in department educational programs but also shall implement a comprehensive plan to improve the reading skills and behavior of those students.


(b) To improve the reading skills of students in department educational programs, the department shall:


(1) adopt a reliable battery of reading assessments that:


(A) are based on a normative sample appropriate to students in department educational programs;


(B) are designed to be administered on an individual basis; and


(C) allow school employees to:


(i) evaluate performance in each essential component of effective reading instruction, including phonemic awareness, phonics, fluency, vocabulary, and comprehension;


(ii) monitor progress in areas of deficiency specific to an individual student; and


(iii) provide reading performance data;


(2) administer the assessments adopted under Subdivision (1):


(A) at periodic intervals not to exceed 12 months, to each student in a department educational program; and


(B) at least 15 days and not more than 30 days before a student is released from the department;


(3) provide at least 60 minutes per school day of individualized reading instruction to each student in a department educational program who exhibits deficits in reading on the assessments adopted under Subdivision (1):


(A) by trained educators with expertise in teaching reading to struggling adolescent readers; and


(B) through the use of scientifically based, peer-reviewed reading curricula that:


(i) have proven effective in improving the reading performance of struggling adolescent readers;


(ii) address individualized and differentiated reading goals; and


(iii) include each of the essential components of effective reading instruction, including phonemic awareness, phonics, fluency, vocabulary, and comprehension;


(4) require each teacher in a department regular or special educational program who teaches English language arts, reading, mathematics, science, social studies, or career and technology education to be trained in incorporating content area reading instruction using empirically validated instructional methods that are appropriate for struggling adolescent readers; and


(5) evaluate the effectiveness of the department's plan to increase reading skills according to the following criteria:


(A) an adequate rate of improvement in reading performance, as measured by monthly progress monitoring using curricular-based assessments in each of the essential components of effective reading instruction, including phonemic awareness, phonics, fluency, vocabulary, and comprehension;


(B) a significant annual rate of improvement in reading performance, disaggregated by subgroups designated under department rule, as measured using the battery of reading assessments adopted under Subdivision (1); and


(C) student ratings of the quality and impact of the reading plan under this subsection, as measured on a student self-reporting instrument.


(c) To increase the positive social behaviors of students in department educational programs and to create an educational environment that facilitates learning, the department shall:


(1) adopt system-wide classroom and individual positive behavior supports that incorporate a continuum of prevention and intervention strategies that:


(A) are based on current behavioral research; and


(B) are systematically and individually applied to students consistent with the demonstrated level of need;


(2) require each teacher and other educational staff member in a department educational program to be trained in implementing the positive behavior support system adopted under Subdivision (1); and


(3) adopt valid assessment techniques to evaluate the effectiveness of the positive behavior support system according to the following criteria:


(A) documentation of school-related disciplinary referrals, disaggregated by the type, location, and time of infraction and by subgroups designated under department rule;


(B) documentation of school-related disciplinary actions, including time-out, placement in security, and use of restraints and other aversive control measures, disaggregated by subgroups designated under department rule;


(C) validated measurement of systemic positive behavioral support interventions; and


(D) the number of minutes students are out of the regular classroom because of disciplinary reasons.


(d) The department shall consult with faculty from institutions of higher education who have expertise in reading instruction for adolescents, in juvenile corrections, and in positive behavior supports to develop and implement the plan under Subsections (b) and (c).


(e) A student in a department educational program may not be released on parole from the department unless the student participates, to the extent required by department rule, in the positive behavior support system under Subsection (c). A student in a department educational program who exhibits deficits in reading on the assessments adopted under Subsection (b)(1) must also participate in reading instruction to the extent required by this section and by department rule before the student may be released on parole.


Added by Acts 2009, 81st Leg., R.S., Ch. 1187 (H.B. 3689), Sec. 4.003, eff. June 19, 2009.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 29, eff. September 1, 2015.

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EDUCATION CODE CHAPTER 30. STATE AND REGIONAL PROGRAMS AND SERVICES

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EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES CHAPTER 30. STATE AND REGIONAL PROGRAMS AND SERVICES SUBCHAPTER A. GENERAL PROVISIONS Sec. 30.001. COORDINATION OF SERVICES TO CHILDREN WITH DISABILITIES. (a) In this section, "children with disabilities" means students eligible to participate in a school district's special education program under Section 29.003.

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#8 Texas Administrative Code (19 Tex. Admin. Code § 74.73) - State Administrative Law

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#8 Texas Administrative Code (19 Tex. Admin. Code § 74.73) - State Administrative Law

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Sets the standards for graduation and course requirements.

Within this section of the TAC, there are guidelines to accommodate classes for those that have disabilities.

This relates to the counselor because the counselor is not only responsible for scheduling at most school districts, but also a vital part of the ARD and 504 committee.

The counselor is even, in many cases, the 504 coordinator

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(a) Credits. A student must earn at least 26 credits to complete the Recommended High School Program. (b) Core courses. A student must demonstrate proficiency in the following: (1) English language arts--four credits. The credits must consist of English I, II, III, and IV. (Students with limited English proficiency who are at the beginning or intermediate level of English language proficiency, as defined by §74.4(d) of this title (relating to English Language Proficiency Standards), may satisfy the English I and English II graduation requirements by successfully completing English I for Speakers of Other Languages and English II for Speakers of Other Languages.) (2) Mathematics--four credits. Three of the credits must consist of Algebra I, Algebra II, and Geometry. (A) The additional credit may be Mathematical Models with Applications and must be successfully completed prior to Algebra II. (B) The fourth credit may be selected from the following courses: (i) Precalculus; (ii) Independent Study in Mathematics; (iii) Advanced Quantitative Reasoning; (iv) Algebraic Reasoning; (v) Statistics; (vi) Advanced Placement (AP) Statistics; (vii) AP Calculus AB; (viii) AP Calculus BC; (ix) AP Computer Science; (x) International Baccalaureate (IB) Mathematical Studies Standard Level; (xi) IB Mathematics Standard Level; (xii) IB Mathematics Higher Level; (xiii) IB Further Mathematics Standard Level; (xiv) Robotics Programming and Design; (xv) Discrete Mathematics for Problem Solving; (xvi) Discrete Mathematics for Computer Science; and (xvii) pursuant to the Texas Education Code (TEC), §28.025(b-5), a mathematics course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The Texas Education Agency (TEA) shall maintain a current list of courses approved under this clause. (C) The additional credit may be selected from the following courses and may be taken after the successful completion of Algebra I and Geometry and either after the successful completion of or concurrently with Algebra II: (i) Engineering Mathematics; (ii) Mathematical Applications in Agriculture, Food, and Natural Resources; (iii) Statistics and Risk Management; and (iv) Digital Electronics. (3) Science--four credits. Three of the credits must consist of a biology credit (Biology, AP Biology, or IB Biology), a chemistry credit (Chemistry, AP Chemistry, or IB Chemistry), and a physics credit (Physics, Principles of Technology, AP Physics, or IB Physics). (A) The additional credit may be Integrated Physics and Chemistry (IPC) and must be successfully completed prior to chemistry and physics. (B) The fourth credit may be selected from the following laboratory-based courses: (i) Aquatic Science; (ii) Astronomy; (iii) Earth and Space Science; (iv) Environmental Systems; (v) AP Biology; (vi) AP Chemistry; (vii) AP Physics B; (viii) AP Physics C; (ix) AP Environmental Science; (x) IB Biology; (xi) IB Chemistry; (xii) IB Physics; (xiii) IB Environmental Systems; and (xiv) pursuant to the TEC, §28.025(b-5), a science course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The TEA shall maintain a current list of courses approved under this clause. (C) The additional credit may be selected from the following laboratory-based courses and may be taken after the successful completion of biology and chemistry and either after the successful completion of or concurrently with physics: (i) Scientific Research and Design; (ii) Anatomy and Physiology; (iii) Engineering Design and Problem Solving; (iv) Medical Microbiology; (v) Pathophysiology; (vi) Advanced Animal Science; (vii) Advanced Biotechnology; (viii) Advanced Plant and Soil Science; (ix) Food Science; (x) Forensic Science; and (xi) Principles of Engineering. (4) Social studies--four credits. The credits must consist of World History Studies (one credit), World Geography Studies (one credit), United States History Studies Since 1877 (one credit), United States Government (one-half credit), and Economics with Emphasis on the Free Enterprise System and Its Benefits (one-half credit). (5) Languages other than English--two credits. The credits must consist of any two levels in the same language. (6) Physical education--one credit. (A) The required credit may be selected from any combination of the following one-half to one credit courses: (i) Foundations of Personal Fitness; (ii) Adventure/Outdoor Education; (iii) Aerobic Activities; and (iv) Team or Individual Sports. (B) In accordance with local district policy, credit for any of the courses listed in subparagraph (A) of this paragraph may be earned through participation in the following activities: (i) Athletics; (ii) Junior Reserve Officer Training Corps (JROTC); and (iii) appropriate private or commercially sponsored physical activity programs conducted on or off campus. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in physical education. Such approval may be granted under the following conditions. (I) Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive, professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education. (II) Private or commercially sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day. (C) In accordance with local district policy, up to one credit for any one of the courses listed in subparagraph (A) of this paragraph may be earned through participation in any of the following activities: (i) Drill Team; (ii) Marching Band; and (iii) Cheerleading. (D) All substitution activities allowed in subparagraphs (B) and (C) of this paragraph must include at least 100 minutes per five-day school week of moderate to vigorous physical activity. (E) Credit may not be earned for any course identified in subparagraph (A) of this paragraph more than once. No more than four substitution credits may be earned through any combination of substitutions allowed in subparagraphs (B) and (C) of this paragraph. (F) If a student is unable to comply with all of the requirements for a physical education course due to a physical limitation certified by a licensed medical practitioner, a modification to a physical education course does not prohibit the student from earning a Recommended High School Program diploma. A student with a physical limitation must still demonstrate proficiency in the relevant knowledge and skills in a physical education course that do not require physical activity. (G) A student who is unable to participate in physical activity due to disability or illness may substitute an academic elective credit (English language arts, mathematics, science, or social studies) for the physical education credit requirement. The determination regarding a student's ability to participate in physical activity will be made by: (i) the student's admission, review, and dismissal (ARD) committee if the student receives special education services under the Texas Education Code, Chapter 29, Subchapter A; (ii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, §794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973; or (iii) a committee established by the school district of persons with appropriate knowledge regarding the student if each of the committees described by clauses (i) and (ii) of this subparagraph is inapplicable. This committee shall follow the same procedures required of an ARD or a Section 504 committee. (7) Speech--one-half credit. The credit may be selected from the following courses: (A) Communication Applications; and (B) Professional Communications. (8) Fine arts--one credit. The credit may be selected from the following courses: (A) Art, Level I, II, III, or IV; (B) Dance, Level I, II, III, or IV; (C) Music, Level I, II, III, or IV; (D) Theatre, Level I, II, III, or IV; (E) Principles and Elements of Floral Design; (F) Digital Art and Animation; and (G) 3-D Modeling and Animation. (c) Elective courses--five and one-half credits. The credits may be selected from the list of courses specified in §74.71(h) of this title (relating to High School Graduation Requirements). All students who wish to complete the Recommended High School Program are encouraged to study each of the four foundation curriculum areas (English language arts, mathematics, science, and social studies) every year in high school. A student may not combine a half credit of a course for which there is an end-of-course assessment with another elective credit course to satisfy an elective credit requirement. (d) Substitutions. No substitutions are allowed in the Recommended High School Program, except as specified in this chapter.

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(a) Credits. A student must earn at least 26 credits to complete the Recommended High School Program. (b) Core courses. A student must demonstrate proficiency in the following: (1) English language arts--four credits. The credits must consist of English I, II, III, and IV.

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#7 Individuals with Disabilities Education Act, 20 USC § 1400 (2004). - Statutory Law

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#7 Individuals with Disabilities Education Act, 20 USC § 1400 (2004). - Statutory Law

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The Individuals with Disabilities Education Act is the law that ensures special education services are provided for free throughout the nation.

This law is a great guideline for providing services for those that may need them.

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§1400. Short title; findings; purposes

(a) Short title

This chapter may be cited as the "Individuals with Disabilities Education Act".

(b) Omitted

(c) Findings

Congress finds the following:

(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.

(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 ( Public Law 94-142), the educational needs of millions of children with disabilities were not being fully met because-

(A) the children did not receive appropriate educational services;

(B) the children were excluded entirely from the public school system and from being educated with their peers;

(C) undiagnosed disabilities prevented the children from having a successful educational experience; or

(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.

(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.

(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.

(5) Almost 30 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by-

(A) having high expectations for such children and ensuring their access to the general education curriculum in the regular classroom, to the maximum extent possible, in order to-

(i) meet developmental goals and, to the maximum extent possible, the challenging expectations that have been established for all children; and

(ii) be prepared to lead productive and independent adult lives, to the maximum extent possible;

(B) strengthening the role and responsibility of parents and ensuring that families of such children have meaningful opportunities to participate in the education of their children at school and at home;

(C) coordinating this chapter with other local, educational service agency, State, and Federal school improvement efforts, including improvement efforts under the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.], in order to ensure that such children benefit from such efforts and that special education can become a service for such children rather than a place where such children are sent;

(D) providing appropriate special education and related services, and aids and supports in the regular classroom, to such children, whenever appropriate;

(F) providing incentives for whole-school approaches, scientifically based early reading programs, positive behavioral interventions and supports, and early intervening services to reduce the need to label children as disabled in order to address the learning and behavioral needs of such children;

(G) focusing resources on teaching and learning while reducing paperwork and requirements that do not assist in improving educational results; and

(H) supporting the development and use of technology, including assistive technology devices and assistive technology services, to maximize accessibility for children with disabilities.

(7) A more equitable allocation of resources is essential for the Federal Government to meet its responsibility to provide an equal educational opportunity for all individuals.

(8) Parents and schools should be given expanded opportunities to resolve their disagreements in positive and constructive ways.

(9) Teachers, schools, local educational agencies, and States should be relieved of irrelevant and unnecessary paperwork burdens that do not lead to improved educational outcomes.

(10)(A) The Federal Government must be responsive to the growing needs of an increasingly diverse society.

(B) America's ethnic profile is rapidly changing. In 2000, 1 of every 3 persons in the United States was a member of a minority group or was limited English proficient.

(C) Minority children comprise an increasing percentage of public school students.

(D) With such changing demographics, recruitment efforts for special education personnel should focus on increasing the participation of minorities in the teaching profession in order to provide appropriate role models with sufficient knowledge to address the special education needs of these students.

(11)(A) The limited English proficient population is the fastest growing in our Nation, and the growth is occurring in many parts of our Nation.

(B) Studies have documented apparent discrepancies in the levels of referral and placement of limited English proficient children in special education.

(C) Such discrepancies pose a special challenge for special education in the referral of, assessment of, and provision of services for, our Nation's students from non-English language backgrounds.

(12)(A) Greater efforts are needed to prevent the intensification of problems connected with mislabeling and high dropout rates among minority children with disabilities.

(B) More minority children continue to be served in special education than would be expected from the percentage of minority students in the general school population.

(C) African-American children are identified as having intellectual disabilities and emotional disturbance at rates greater than their White counterparts.

(D) In the 1998-1999 school year, African-American children represented just 14.8 percent of the population aged 6 through 21, but comprised 20.2 percent of all children with disabilities.

(E) Studies have found that schools with predominately White students and teachers have placed disproportionately high numbers of their minority students into special education.

(13)(A) As the number of minority students in special education increases, the number of minority teachers and related services personnel produced in colleges and universities continues to decrease.

(B) The opportunity for full participation by minority individuals, minority organizations, and Historically Black Colleges and Universities in awards for grants and contracts, boards of organizations receiving assistance under this chapter, peer review panels, and training of professionals in the area of special education is essential to obtain greater success in the education of minority children with disabilities.

(d) Purposes

The purposes of this chapter are-

(1)(A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;

(B) to ensure that the rights of children with disabilities and parents of such children are protected; and

(C) to assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities;

(2) to assist States in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families;

(3) to ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting system improvement activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services; and

(4) to assess, and ensure the effectiveness of, efforts to educate children with disabilities.

( Pub. L. 91-230, title VI, §601, as added Pub. L. 108-446, title I, §101, Dec. 3, 2004, 118 Stat. 2647; amended Pub. L. 111-256, §2(b)(1), Oct. 5, 2010, 124 Stat. 2643.)

References in Text

The Education for All Handicapped Children Act of 1975, referred to in subsec. (c)(2), (3), is Pub. L. 94-142, Nov. 29, 1975, 89 Stat. 773. For complete classification of this Act to the Code, see Short Title of 1975 Amendment note set out below and Tables.

The Elementary and Secondary Education Act of 1965, referred to in subsec. (c)(5)(C), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, which is classified generally to chapter 70 (§6301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.

Codification

Section is comprised of section 601 of Pub. L. 91-230. Subsec. (b) of section 601 of Pub. L. 91-230 set out the table of contents for the Individuals with Disabilities Education Act.

Prior Provisions

A prior section 1400, Pub. L. 91-230, title VI, §601, as added Pub. L. 105-17, title I, §101, June 4, 1997, 111 Stat. 37, contained short title for this chapter and related to congressional findings and purposes, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108-446.

Another prior section 1400, Pub. L. 91-230, title VI, §601, Apr. 13, 1970, 84 Stat. 175; Pub. L. 94-142, §3, Nov. 29, 1975, 89 Stat. 774; Pub. L. 101-476, title IX, §901(a)(1), (b)(1)-(9), Oct. 30, 1990, 104 Stat. 1141, 1142; Pub. L. 102-119, §25(b), Oct. 7, 1991, 105 Stat. 607, contained short title for this chapter and related to congressional statements and declarations, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105-17. This section had been classified as a note under former section 1401 of this title prior to being amended by Pub. L. 94-142.

Amendments

2010-Subsec. (c)(12)(C). Pub. L. 111-256 substituted "having intellectual disabilities" for "having mental retardation".

Effective Date

Pub. L. 108-446, title III, §302(a), (b), Dec. 3, 2004, 118 Stat. 2803, as amended by Pub. L. 114-95, title IX, §9214(e), Dec. 10, 2015, 129 Stat. 2166, provided that:

"(a) Parts A, B, and C, and subpart 1 of Part D.-Parts A, B, and C, and subpart 1 of part D, of the Individuals with Disabilities Education Act [subchapters I, II, and III and part A of subchapter IV of this chapter], as amended by title I, shall take effect on July 1, 2005.

"(b) Subparts 2, 3, and 4 of part D.-Subparts 2, 3, and 4 of part D of the Individuals with Disabilities Education Act [parts B, C, and D of subchapter IV of this chapter], as amended by title I, shall take effect on the date of enactment of this Act [Dec. 3, 2004]."

Short Title of 2010 Amendment

Pub. L. 111-256, §1, Oct. 5, 2010, 124 Stat. 2643, provided that: "This Act [amending this section, sections 1140, 1401, and 7512 of this title, sections 705, 764, and 791 of Title 29, Labor, and sections 217a-1, 247b-4, 285g, 285g-2, 291k, 294c, and 300d-52 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section, and amending provisions set out as notes under sections 280f, 285g, 300b-1, and 2000ff of Title 42] may be cited as 'Rosa's Law'."

Short Title of 2004 Amendment

Pub. L. 108-446, §1, Dec. 3, 2004, 118 Stat. 2647, provided that: "This Act [enacting subchapters I to IV of this chapter, part E of subchapter I of chapter 76 of this title, and sections 9567 to 9567b of this title, amending sections 927, 1087ee, 1087ii, 4304, 5802, 6103, 6311, 6317, 7221g, 7273b, 9511, 9515, 9516, and 9605 of this title, section 2164 of Title 10, Armed Forces, section 121 of Title 17, Copyrights, sections 721, 725, 772, and 773 of Title 29, Labor, and sections 280c-6, 290bb-25, 290ff-1, 290ff-2, 1396b, 1396n, 5011, 9835, 9836, 9837, 12511, 15025, and 15064 of Title 42, The Public Health and Welfare, repealing section 1444 of this title, redesignating former part E of subchapter I of chapter 76 of this title as part F, omitting sections 1445, 1456, and 1483 to 1487 of this title, enacting provisions set out as notes under this section and section 9567b of this title, and amending provisions set out as a note under section 285g of Title 42] may be cited as the ' Individuals with Disabilities Education Improvement Act of 2004'."

Short Title of 1997 Amendment

Pub. L. 105-17, §1, June 4, 1997, 111 Stat. 37, provided that: "This Act [enacting subchapters I to IV of this chapter, repealing former subchapters III and V to IX of this chapter, and enacting provisions set out as notes under this section and sections 1431 and 1451 of this title] may be cited as the ' Individuals with Disabilities Education Act Amendments of 1997'."

Short Title of 1991 Amendment

Pub. L. 102-119, §1, Oct. 7, 1991, 105 Stat. 587, provided that: "This Act [see Tables for classification] may be cited as the ' Individuals with Disabilities Education Act Amendments of 1991'."

Short Title of 1990 Amendment

Pub. L. 101-476, §1(a), Oct. 30, 1990, 104 Stat. 1103, provided that: "This Act [see Tables for classification] may be cited as the ' Education of the Handicapped Act Amendments of 1990'."

Short Title of 1988 Amendment

Pub. L. 100-630, §1, Nov. 7, 1988, 102 Stat. 3289, provided that: "This Act [amending sections 101, 1401, 1404, 1406, 1407, 1411 to 1419, 1421 to 1425, 1431 to 1433, 1441, 1443, 1451, 1452, 1461, 1471, 1472, and 1475 to 1482 of this title, sections 702, 705, 706, 709, 711, 713, 717, 720 to 723, 731, 732, 740, 741, 750, 752, 761 to 762, 770, 772, 774 to 776, 777 to 777b, 777d, 777f, 780, 781 to 783, 791 to 794, 794b, 794d, 795a, 795g to 795i, 795l to 795n, 795q, 796a to 796g, 796i, and 1904 of Title 29, Labor, and section 155 of Title 36, Patriotic Societies and Observances, enacting provisions set out as notes under sections 101, 1419, and 1432 of this title and sections 731 and 777c of Title 29, and repealing provisions set out as a note under section 795m of Title 29] may be cited as the 'Handicapped Programs Technical Amendments Act of 1988'."

Short Title of 1986 Amendments

Pub. L. 99-457, §1(a), Oct. 8, 1986, 100 Stat. 1145, provided that: "This Act [enacting sections 1408, 1461, 1462, and 1471 to 1485 of this title, amending sections 1401, 1406, 1411 to 1413, 1418, 1419, 1421 to 1424, 1424a, 1425, 1427, 1431 to 1433, 1435, 1441, 1443, 1444, 1452, and 1454 of this title, repealing sections 1403 and 1453 of this title, and enacting provisions set out as notes under sections 1419 and 1485 of this title] may be cited as the ' Education of the Handicapped Act Amendments of 1986'."

Pub. L. 99-372, §1, Aug. 5, 1986, 100 Stat. 796, provided that: "This Act [amending section 1415 of this title and enacting provisions set out as notes under section 1415 of this title] may be cited as the 'Handicapped Children's Protection Act of 1986'."

Short Title of 1983 Amendment

Pub. L. 98-199, §1, Dec. 2, 1983, 97 Stat. 1357, provided: "That this Act [enacting sections 1407 and 1427 of this title, amending sections 1401 to 1404, 1406, 1411 to 1414, 1416 to 1426, 1431 to 1435, 1441 to 1444, 1452, 1454, and 1461 of this title, repealing section 1461 of this title, omitting section 1436 of this title, enacting a provision set out as a note under section 1401 of this title, and amending provisions set out as notes under sections 101, 681, and 1411 of this title] may be cited as the ' Education of the Handicapped Act Amendments of 1983'."

Short Title of 1977 Amendment

Pub. L. 95-49, §1, June 17, 1977, 91 Stat. 230, provided: "That this Act [amending sections 1426, 1436, 1441, 1444, and 1454 of this title, and enacting provisions set out as a note under section 1426 of this title] may be cited as the ' Education of the Handicapped Amendments of 1977'."

Short Title of 1975 Amendment

Pub. L. 94-142, §1, Nov. 29, 1975, 89 Stat. 773, provided: "That this Act [enacting sections 1405, 1406, 1415, 1416, 1417, 1418, 1419, and 1420 of this title, amending this section and sections 1232, 1401, 1411, 1411 notes, 1412, 1412 note, 1413, 1413 note, 1414, and 1453 of this title, and enacting provisions set out as a note under section 1411 of this title] may be cited as the ' Education for All Handicapped Children Act of 1975'."

Short Title of 1974 Amendment

Pub. L. 93-380, title VI, §611, Aug. 21, 1974, 88 Stat. 579, provided that: "This title [enacting section 1424a of this title, amending sections 1402, 1403, 1411 to 1413, 1426, 1436, 1444, 1452, 1454, and 1461 of this title, and enacting provisions set out as notes under sections 1402 and 1411 to 1413 of this title] may be cited as the ' Education of the Handicapped Amendments of 1974'."

Regulations

Pub. L. 111-256, §3, Oct. 5, 2010, 124 Stat. 2645, provided that: "For purposes of regulations issued to carry out a provision amended by this Act [see Short Title of 2010 Amendment note above]-

"(1) before the regulations are amended to carry out this Act-

"(A) a reference in the regulations to mental retardation shall be considered to be a reference to an intellectual disability; and

"(2) in amending the regulations to carry out this Act, a Federal agency shall ensure that the regulations clearly state-

"(A) that an intellectual disability was formerly termed mental retardation; and

Construction of 2010 Amendment

Pub. L. 111-256, §4, Oct. 5, 2010, 124 Stat. 2645, provided that: "This Act [see Short Title of 2010 Amendment note above] shall be construed to make amendments to provisions of Federal law to substitute the term 'an intellectual disability' for 'mental retardation', and ' individuals with intellectual disabilities' for 'the mentally retarded' or ' individuals who are mentally retarded', without any intent to-

"(1) change the coverage, eligibility, rights, responsibilities, or definitions referred to in the amended provisions; or

"(2) compel States to change terminology in State laws for individuals covered by a provision amended by this Act."

Transition

Pub. L. 108-446, title III, §303, Dec. 3, 2004, 118 Stat. 2803, provided that:

"(a) Orderly Transition.-

"(1) In general.-The Secretary of Education (in this section referred to as 'the Secretary') shall take such steps as are necessary to provide for the orderly transition from the Individuals with Disabilities Education Act [this chapter], as such Act was in effect on the day preceding the date of enactment of this Act [Dec. 3, 2004], to the Individuals with Disabilities Education Act [this chapter] and part E of the Education Sciences Reform Act of 2002 [20 U.S.C. 9567 et seq.], as amended by this Act.

"(2) Limitation.-The Secretary's authority in paragraph (1) shall terminate 1 year after the date of enactment of this Act.

"(b) Multi-year Awards.-Notwithstanding any other provision of law, the Secretary may use funds appropriated under part D of the Individuals with Disabilities Education Act [subchapter IV of this chapter] to make continuation awards for projects that were funded under section 618 [20 U.S.C. 1418], and part D, of the Individuals with Disabilities Education Act (as such section and part were in effect on September 30, 2004), in accordance with the terms of the original awards.

"(c) Research.-Notwithstanding section 302(b) [set out as a note above] or any other provision of law, the Secretary may award funds that are appropriated under the Department of Education Appropriations Act, 2005 [ Pub. L. 108-447, div. F, title III, 118 Stat. 3142, see Tables for classification] for special education research under either of the headings ' Special Education ' or ' Institute of Education Sciences' in accordance with sections 672 and 674 of the Individuals with Disabilities Education Act [20 U.S.C. 1472, 1474], as such sections were in effect on October 1, 2004."

References to Education of the Handicapped Act

Pub. L. 101-476, title IX, §901(a)(3), Oct. 30, 1990, 104 Stat. 1142, provided that: "Any other Act and any regulation which refers to the Education of the Handicapped Act shall be considered to refer to the Individuals with Disabilities Education Act."

Definitions

Pub. L. 111-256, §2(k), Oct. 5, 2010, 124 Stat. 2644, provided that: "For purposes of each provision amended by this section [amending this section, sections 1140, 1401, and 7512 of this title, sections 705, 764, and 791 of Title 29, Labor, and sections 217a-1, 247b-4, 285g, 285g-2, 291k, 294c, and 300d-52 of Title 42, The Public Health and Welfare, and amending provisions set out as notes under sections 280f, 285g, 300b-1, and 2000ff of Title 42]-

"(2) a reference to individuals with intellectual disabilities shall mean individuals who were previously referred to as individuals who are ' individuals with mental retardation' or 'the mentally retarded', or variations of those terms."

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[USC02] 20 USC 1400: Short title; findings; purposes

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(a) Short title This chapter may be cited as the "Individuals with Disabilities Education Act". (b) Omitted (c) Findings Congress finds the following: (1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society.

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#6 Americans with Disabilities Act (42 USC § 12131-12134) - Statutory Law

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#6 Americans with Disabilities Act (42 USC § 12131-12134) - Statutory Law

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This law provides strong standards to address the needs against discrimination of those with disabilities.

Mandates that those with disabilities receive the same opportunities as those without disabilities.

Requires us, as educators, to provide services necessary to students with disabilities to ensure that they receive the education that they deserve.  The counselor plays a role in advocating for all students, including those with disabilities.

The ADA also sets forth standards for Title IX and Title I schools.

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§12101. Findings and purpose

(a) Findings

The Congress finds that-

(1) physical or mental disabilities in no way diminish a person's right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;

(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;

(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;

(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;

(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;

(6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;

(7) the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and

(8) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.

(b) Purpose

It is the purpose of this chapter-

(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;

(2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;

(3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and

(4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.

( Pub. L. 101-336, §2, July 26, 1990, 104 Stat. 328; Pub. L. 110-325, §3, Sept. 25, 2008, 122 Stat. 3554.)

References in Text

This chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

Amendments

2008-Subsec. (a)(1). Pub. L. 110-325, §3(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "some 43,000,000 Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older;".

Subsec. (a)(7) to (9). Pub. L. 110-325, §3(2), (3), redesignated pars. (8) and (9) as (7) and (8), respectively, and struck out former par. (7) which read as follows: "individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society;".

Effective Date of 2008 Amendment

Amendment by Pub. L. 110-325 effective Jan. 1, 2009, see section 8 of Pub. L. 110-325, set out as a note under section 705 of Title 29, Labor.

Short Title of 2008 Amendment

Pub. L. 110-325, §1, Sept. 25, 2008, 122 Stat. 3553, provided that: "This Act [enacting sections 12103 and 12205a of this title, amending this section, sections 12102, 12111 to 12114, 12201, and 12206 to 12213 of this title, section 705 and former section 706 of Title 29, Labor, and enacting provisions set out as notes under this section and section 705 of Title 29] may be cited as the 'ADA Amendments Act of 2008'."

Short Title

Pub. L. 101-336, §1(a), July 26, 1990, 104 Stat. 327, provided that: "This Act [enacting this chapter and section 225 of Title 47, Telecommunications, amending section 706 of Title 29, Labor, and sections 152, 221, and 611 of Title 47, and enacting provisions set out as notes under sections 12111, 12131, 12141, 12161, and 12181 of this title] may be cited as the ' Americans with Disabilities Act of 1990'."

Findings and Purposes of Pub. L. 110-325

Pub. L. 110-325, §2, Sept. 25, 2008, 122 Stat. 3553, provided that:

"(a) Findings.-Congress finds that-

"(1) in enacting the Americans with Disabilities Act of 1990 (ADA) [42 U.S.C. 12101 et seq.], Congress intended that the Act 'provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities' and provide broad coverage;

"(2) in enacting the ADA, Congress recognized that physical and mental disabilities in no way diminish a person's right to fully participate in all aspects of society, but that people with physical or mental disabilities are frequently precluded from doing so because of prejudice, antiquated attitudes, or the failure to remove societal and institutional barriers;

"(3) while Congress expected that the definition of disability under the ADA would be interpreted consistently with how courts had applied the definition of a handicapped individual under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], that expectation has not been fulfilled;

"(4) the holdings of the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases have narrowed the broad scope of protection intended to be afforded by the ADA, thus eliminating protection for many individuals whom Congress intended to protect;

"(5) the holding of the Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) further narrowed the broad scope of protection intended to be afforded by the ADA;

"(6) as a result of these Supreme Court cases, lower courts have incorrectly found in individual cases that people with a range of substantially limiting impairments are not people with disabilities;

"(7) in particular, the Supreme Court, in the case of Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), interpreted the term 'substantially limits' to require a greater degree of limitation than was intended by Congress; and

"(8) Congress finds that the current Equal Employment Opportunity Commission ADA regulations defining the term 'substantially limits' as 'significantly restricted' are inconsistent with congressional intent, by expressing too high a standard.

"(b) Purposes.-The purposes of this Act [see Short Title of 2008 Amendment note above] are-

"(1) to carry out the ADA's objectives of providing 'a clear and comprehensive national mandate for the elimination of discrimination' and 'clear, strong, consistent, enforceable standards addressing discrimination' by reinstating a broad scope of protection to be available under the ADA;

"(2) to reject the requirement enunciated by the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases that whether an impairment substantially limits a major life activity is to be determined with reference to the ameliorative effects of mitigating measures;

"(3) to reject the Supreme Court's reasoning in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) with regard to coverage under the third prong of the definition of disability and to reinstate the reasoning of the Supreme Court in School Board of Nassau County v. Arline, 480 U.S. 273 (1987) which set forth a broad view of the third prong of the definition of handicap under the Rehabilitation Act of 1973;

"(4) to reject the standards enunciated by the Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), that the terms 'substantially' and 'major' in the definition of disability under the ADA 'need to be interpreted strictly to create a demanding standard for qualifying as disabled,' and that to be substantially limited in performing a major life activity under the ADA 'an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people's daily lives';

"(5) to convey congressional intent that the standard created by the Supreme Court in the case of Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) for 'substantially limits', and applied by lower courts in numerous decisions, has created an inappropriately high level of limitation necessary to obtain coverage under the ADA, to convey that it is the intent of Congress that the primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations, and to convey that the question of whether an individual's impairment is a disability under the ADA should not demand extensive analysis; and

"(6) to express Congress' expectation that the Equal Employment Opportunity Commission will revise that portion of its current regulations that defines the term 'substantially limits' as 'significantly restricted' to be consistent with this Act, including the amendments made by this Act."

Study by General Accounting Office of Existing Disability-Related Employment Incentives

Pub. L. 106-170, title III, §303(a), Dec. 17, 1999, 113 Stat. 1903, provided that, as soon as practicable after Dec. 17, 1999, the Comptroller General was to undertake a study to assess existing tax credits and other disability-related employment incentives under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and other Federal laws, specifically addressing the extent to which such credits and other incentives would encourage employers to hire and retain individuals with disabilities; and that, not later than 3 years after Dec. 17, 1999, the Comptroller General was to transmit to the appropriate congressional committees a written report presenting the results of the study and any appropriate recommendations for legislative or administrative changes.

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[USC02] 42 USC 12101: Findings and purpose

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(a) Findings The Congress finds that- (1) physical or mental disabilities in no way diminish a person's right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a

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This article is great at describing the role that a pediatrician or family doctor may play in determining the accommodations for a student.

Provides a great list of the differences in IEP's and 504's

Connects the doctor, parent, and teacher's role in determining accommodations.

This article advocates for how helpful the doctor is to the parent in making sure the child gets what they need; however, also takes into contest exactly where the educator is coming from.

As educators, we typically would prefer a student to be in the regular classroom, getting the same rigorous education as everyone else.

This article gives a good run-down of the reasons students may need to be separated.

Reference:
Kennedy, K. (2019, September 18). IEPs vs. 504 plans: Pediatrician's office often first stop for families navigating educational issues. Retrieved from https://www.aappublications.org/news/2017/01/09/IEP010917.

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Terms of Use The American Academy of Pediatrics (AAP) takes the issue of privacy very seriously. See ourPrivacy Statement for information about how AAP collects, uses, safeguards and discloses the information collected on our Website from visitors and by means of technology.

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This resource is important to counselors that are 504 coordinators because it provides helpful information on determining eligibility for 504 accommodations.  This resource also explains how 504 plans are accommodations for those that are disabled and do not fall under IDEA.  The important thing to take away from this article is that the "section 504 child has access to the same free appropriate public education that is available to children who are not disabled," meaning that 504 sets up more environmental accommodations, rather than work differences like in IEP's under IDEA (Fact Sheet: Section 504, the ADA, and the IDEA, 2019).

Reference:
Fact Sheet: Section 504, the ADA, and the IDEA. (2019). Retrieved from http://www.nea.org/tools/30527.htm.

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When asked the question why the topic of 504's and IEP's were important to her role as a school counselor, Mrs. Shahala Hoelscher says "because I am responsible for advocating for all of our students.  Those with special educational needs and those without" (S. Hoelscher, personal communications, Octover 1, 2019).  Sometimes, the teacher and school counselor are the only ones advocating for certain students, because the parental figures are not always present.

Best Practices:

Take all referrals seriously and follow the testing procedures.  Do not forget to get consent from the parent FIRST!

Do the best that you can to provide accommodations to 504 students in the classroom; however, make sure that your teachers are aware that assignment accommodations are not required for 504.

Keep your teachers, parents, and 504 students updated on changes to their accommodations.  Always be willing to listen to a student that is having trouble with something, confer with the parent and the teacher about the best way to accommodate the student's need.

DOCUMENT, DOCUMENT, DOCUMENT!

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#1 My Professional Perspective, Audience, and Topic

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#1 My Professional Perspective, Audience, and Topic

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My professional perspective on the counselor's role in 504's and IEP's is that I plan to work in a small school environment.  I chose this topic because, when in these small schools, often times, the school counselor also serves as the 504 coordinator of services. The school counselor will also be the one responsible for different types of testing and documentation related to 504's and IEP's, when in the small school setting. This padlet is geared towards being a legal guide for those counselors serving as the 504 coordinator, as well as those that are not and need guidance on the legal liabilities associated with being such an advocate for students.