Section 3.65 - Texas Education Agency (TEA)(a) Financial and service responsibilities to persons with disabilities. (1) TEA is authorized to serve children and youth with disabilities who: (A) are ages three through 21 and are: (i) orthopedically impaired;(ii) other health impaired;(iv) emotionally disturbed;(viii) multiply disabled; or(B) are ages 0 through 21 and are: (i) auditorially impaired;(ii) visually impaired; or(C) students, including: (i) bilingual students, limited English proficient;(ii) educationally and economically disadvantaged students;(iii) children of migrant workers;(iv) gifted and talented students;(v) prekindergarten, four-year-old, limited English proficient, and economically disadvantaged;(vi) refugee children needing transition services;(vii) delinquent, neglected, and those in correctional facilities;(viii) educationally disadvantaged and limited-English-speaking adults; and(ix) dropouts and students at risk of dropping out.(2) TEA administers services relating to the needs of children and youth, including: (A) Special education for students with disabilities, involving: (i) comprehensive individualized student assessment which includes identification and referral and determination of physical, mental, emotional, general educational, and vocational education needs;(ii) individualized instruction provided by the district in a variety of classroom arrangements within the school and also in home, hospital, and residential facility-based arrangements;(iii) related services when needed to enable a student with disabilities to benefit from the specialized instruction which includes: (I) orientation and mobility training;(III) audiological services;(VI) medical diagnostic services;(VII) psychological services;(VIII) occupational therapy;(XII) school health services;(XIII) social work services;(XIV) transportation; and(iv) other support services including special instructional equipment and materials, consultative services, and staff development services.(B) Vocational Education Program. (i) Vocational training and job placement programs at high school and college levels includes special provisions for children with disabilities and children who are educationally disadvantaged.(ii) The Job Training and Partnership Act (JTPA) Program operated by school districts provides job-specific training, counseling, remedial education, and vocational exploration opportunities.(b) Sources of funds. (1) Foundation School Program funds. (A) Service description. State funds generated by students with disabilities may be used to employ or contract with special education personnel to provide special education instruction and related services as stipulated by each student's individual education plan. A maximum of 15% of state special education funds may be used by a school district for general administrative costs. These funds are also used to purchase instructional supplies, materials, and specialized equipment.(B) Delivery method. (i) State special education funds are distributed on the basis of full-time equivalents of students with disabilities served during the school district's best four-of-eight weeks of overall average daily attendance (ADA). For the purposes of special education funding, "full-time equivalent student" means 30 hours of contact a week between a special education student and special education program personnel.(ii) School districts count ADA and receive credit for contact hours for serving eligible students with disabilities who reside in intermediate care facilities for the mentally retarded (ICF-MRs), or who are in care and treatment facilities approved by the Texas Department of Human Services (DHS) or the Texas Department of Mental Health and Mental Retardation (TXMHMR), if these facilities are located within the district's boundaries. However, no local taxes are generated for these particular students since their parents/guardians reside in school districts other than the ones where the facilities are located. Children in the conservatorship of the state also do not generate local taxes.(C) Eligibility requirements. Students who are at least age three and not over age 22 on September 1 and who meet the eligibility criteria for the conditions stated in the Texas Administrative Code, Title 19, §89.211 (concerning Students with Disabilities) are eligible.(D) Delivery method. Students with disabilities receive special education instructions and related services in their local schools based upon the recommendations of the admission, review, and dismissal committee for placement in the least restrictive environment.(2) Education of the Handicapped Act, Part B, Texas Education Agency (TEA). (A) Service description. (i) Funds are used to pay for salary costs of special education personnel, special materials and equipment, related services, consultant services, student evaluation services, staff travel and related services, and residential care costs for residential placements of students with severe disabilities in nonpublic schools approved by TEA.(ii) These funds supplement state and local funds in the provision of special education instruction and related services for all students with disabilities; special services for three-, four-, and five-year-olds; and special education teacher training.(iii) Public Law 99-457 amended this act to provide for inter-agency coordination, to allow split funding, and to prevent duplication of services.(B) Delivery method. TEA allocates federal funds primarily through local school districts and special education cooperatives supplemented by services from the regional education service centers. Funding is allocated on a per-child basis through a count of students taken each year on December 1.(C) Eligibility requirements. Students served are those with disabilities, ages three through 21 who meet the criteria established in the Texas Administrative Code, Title 19, §89.211 (concerning Students with Disabilities).(3) Education of the Handicapped Act, Part C--Deaf/Blind. (A) Service description. Services include technical assistance in transition services from education programs to future living and work settings, sheltered living experiences, vocational training, and related services; consultative/counseling services to families and service providers; inservice training for staff working with deaf-blind persons; and coordination of activities with other agencies.(B) Delivery method. Children receive this aid in their local schools. TEA provides technical assistance in local schools or residential facilities on an as-needed basis.(C) Eligibility criteria. Deaf-blind children ages 0 through 21 are eligible.(4) Regional services for the deaf. (A) Service description. Eligible deaf students receive a basic instructional program suitable to their educational needs and are provided with the opportunity for achievement at a level more equivalent to their peers with normal hearing. Funding provides supplemental instructional services; parent counseling and training; special diagnostics; special media, materials, and equipment; and staff development.(B) Delivery method. Local school districts apply to TEA for funds to meet identified priorities of the local programs, based on standards established by TEA. Applications are then negotiated and become contracts.(C) Eligibility requirements. Students are eligible if they are deaf or hearing impaired and meet other specific criteria outlined in the Texas Administrative Code, Title 19, §89.211(c) (concerning Students with Disabilities).(5) Services for students with visual impairments. (A) Service description. Services include:; (i) review of applications for state funding by school districts and regional education service centers to ensure that education services will be provided that are adapted for students with visual impairments;(ii) evaluation of special education services;(iii) maintenance of a system of registration and development of standards and guidelines for special education services;(iv) provision of consultation and technical assistance to programs; and(v) maintenance of effective liaison with other agencies and service providers involved with services to students with visual impairments.(B) Delivery method. (i) Students receive services described in subparagraph (A) of this paragraph in their local schools. TEA staff work directly with local school districts in evaluating programs, developing standards and guidelines, providing technical assistance, and keeping a registry of students with visual impairments. Funding is based on the needs of the districts' programs.(ii) TEA's Division of Special Education Funding (Services for the Visually Impaired) is primarily responsible for the ongoing development and administration of comprehensive statewide services for the education of students with visual impairments, as assigned by law.(C) Eligibility requirements. Students must be legally blind and age 0 through 21.(6) Services for students with visual impairments--education service centers. (A) Service description. (i) Funding supports: (I) existing programs, to expand direct and supportive services for students with visual impairments which are not available through use of other funds;(II) development of special cooperatives formed specifically to meet the educational and related service needs;(III) programs for infants with visual impairments; and(IV) minimum components of services in each education service center to provide direct services and technical assistance as needed.(ii) Specific types of activities include: (I) supplemental instructional services;(II) orientation and mobility training;(III) parent counseling and training;(IV) special diagnostics;(V) other special related services;(VI) special media, materials, and equipment; and(VII) staff development and other supplemental services.(B) Delivery method. Students receive services in their local schools. Local school districts and regional education service centers may apply for state supplemental funding aid for special services to students with visual impairments. Funding does not supplant other existing funds or programs and is allocated by TEA.(C) Eligibility requirements. Students served must be students with visual impairments ages 0 through 21, who meet eligibility criteria for the visually impaired as outlined in the Texas Administrative Code, Title 19, §89.211(d) (concerning Students with Disabilities). Funding to districts is on a need/application basis rather than formal allocation.(c) Service delivery data. (1) Types of data collected on children and youth include: (A) number of students with disabilities by district, age, disabling condition, and services provided including residential contract care;(B) number of different student populations residing in each district apart from parent or guardian;(C) number of economically disadvantaged students by district;(D) number of special student populations by district (example: migrant, bilingual, and limited English proficient; refugees; legal; and undocumented immigrants); and(E) number of students with disabilities and number of students without disabilities in correctional facilities and other state-operated residential facilities.(2) The contact person for the interagency coordination for the student with disabilities may be reached at (512) 463-9283.26 Tex. Admin. Code § 3.65
Transferred from 40 TAC § 72.208 Texas Register, Volume 49, Number 45, November 8, 2024, TexReg 9027 eff. 11/29/2024