Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 3 - MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES
Subchapter B - MEMORANDUM OF UNDERSTANDING CONCERNING COORDINATION OF SERVICES TO PERSONS WITH DISABILITIES
Section 3.65 - Texas Education Agency (TEA)

(i) orthopedically impaired;

(ii) other health impaired;

(iii) mentally retarded;

(iv) emotionally disturbed;

(v) learning disabled;

(vi) speech impaired;

(vii) autistic;

(viii) multiply disabled; or

(ix) pregnant students;

(i) auditorially impaired;

(ii) visually impaired; or

(iii) deaf-blind;

(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.

(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:

(iv) other support services including special instructional equipment and materials, consultative services, and staff development services.

(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.

(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.

(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.

(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.

(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.

(i) Funding supports:

(ii) Specific types of activities include: