Archive for the ‘Laws, Regulations, and Rules’ Category

USDE Guidance for Charters and Students with Disabilities

The USDE issued a letter (December 28, 2016) addressing the rights of students with disabilities who apply for or attend charter schools, clarifying that such students retain the rights afforded to them under IDEA, Section 504 and Title II of the ADA. In brief, the letter states student seeking to enroll or attend charter schools […]

Special Education Dispute Resolution Systems Handbook October 2016

The Texas Education Agency (TEA) has updated its Special Education Dispute Resolution Systems Handbook.  The handbook is designed to assist parents, school officials, and other interested parties in understanding and working through TEA’s special education dispute resolution system. It provides information on individualized education program (IEP) facilitation, mediation, due process hearings, and state complaints.  The […]

TEA Responds to USDE Special Education Concerns

TEA issues news release on November 2, 2016. ESC 13 SPED Compliance Team: Ann Jinkins, Lori Merrell, Joy Hunsucker, Elizabeth Danner, or Linda McDaniel at  

Excused Attendance for Students with Autism Spectrum Disorders

TEA issued a To the Administrator Addressed letter August 19, 2016 as a reminder of important statutes related to student attendance, public school admission, enrollment records, and tuition.  Section 25.087 (b)(2) and (3) address excused absences for students with autism spectrum disorders for an appointment with a health care practitioner to receive a generally recognized […]

Commissioner Rules for SB 507 are Final

Commissioner rules on SB 507 are final and will be posted in the Texas Register on August 12, 2016, effective August 15. Listed below is the link to the complete rule package for your review. If you have questions, please contact Shirley Sanford at or 512.919.5375.          

Charter School Policies

The Policy Procedures for all of the charter schools in the public side of the legal framework has been restored. Charter schools may download the policies that had been uploaded prior to March 1, 2016. The legal framework programmers will restore the state back to what was posted as of today (June 24, 2016) on August […]

Chapter 103. Health and Safety, Subchapter DD. Commissioner’s Rules Concerning Video Surveillance of Certain Special Education Settings

This is posted: with an effective date of 6/16/2016 (last Thursday).  TEA’s response was that “the initial thought was that the rule would be in effect on June 16th, but that did not occur.”  TEA also stated that “the comment period has ended, and TEA is working to finalize the package for adoption.”  So, more to […]

Proposed Amendment to PBMAS Rule – Public Comment Period

The Texas Education Agency has posted the proposed amendment to  19 TAC Chapter §97.1005 Performance Based Monitoring Analysis System.  The changes specific to special education are: The 6-11 and 12-21 age groups for LRE determinations will be combined into one age group 6-21 resulting in the deletion of 2 indicators.  The 2 remaining indicators (equal […]

OSERS Dear Colleague Letter on Children with Disabilities in Nursing Homes

A “Dear Colleague” letter was released April 26, 2016 regarding the responsibilities of States and school districts in addressing the special educational needs of children with disabilities who reside in nursing homes. The letter clarifies that children with disabilities residing in nursing homes and their parents have the same rights under IDEA that apply to […]

Legal Framework Special Education Policy Updates for Charters

TEA provided the following information via the Legal Framework Team at the Education Service Center, Region 18: Each charter must re-upload all its Special Education Policies to the Legal Framework by the end of October 2016. This is required due to revisions in special education regulations and rules since the previous uploading of policies. Previously uploaded policies for your charter […]

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