CHAPTER 30. STATE AND REGIONAL PROGRAMS AND SERVICES
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 Texas Rehabilitation
Commission and the Texas Department of Mental Health and Mental
Retardation, 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.
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.
(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 Texas Commission for the
Blind, the Texas Department of Mental Health and Mental
Retardation, the Texas School for the Blind and Visually
Impaired, 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, the training in
compensatory skills, communicative skills, orientation and
mobility, and social adjustment skills, and the vocational or
career counseling, required for those students to succeed in
classroom settings and to derive lasting, practical benefits from
the education in the school district;
(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.
(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 orientation and mobility training,
instruction in braille or use of large print, other training to
compensate for serious visual loss, access to special media and
special tools, appliances, aids, or devices commonly used by
individuals with serious visual impairments; 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
training required under Subsection (c)(4).
(f) In the development of the individualized education program
for a functionally blind student, proficiency in braille reading
and writing is presumed to be essential for the student's
satisfactory educational progress. Each functionally blind
student is entitled to braille reading and writing instruction
that is sufficient to enable the student to communicate with the
same level of proficiency as other students of comparable ability
who are at the same grade level. Braille instruction may be used
in combination with other special education services appropriate
to the student's educational needs. The assessment of each
functionally blind student for the purpose of developing the
student's individualized education program must include
documentation of the student's strengths and weaknesses in
braille skills. Each person assisting in the development of a
functionally blind student's individualized education program
shall receive information describing the benefits of braille
instruction. Each functionally blind student's individualized
education program must specify the appropriate learning medium
based on the assessment report and ensure that instruction in
braille will be provided by a teacher certified to teach students
with visual impairments. For purposes of this subsection, the
agency shall determine the criteria for a student to be
classified as functionally blind.
(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.
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.
(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 H.B. No. 1, Acts of the 79th
Legislature, 3rd Called Session, 2006, had not reduced the
districts' share of the cost of providing education services.
That amount, 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.
(h) Expired.
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, Sec. 1.10, eff. May 31, 2006.
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, make on-site accreditation investigations; 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, Sec. 1, eff. June 17, 2005.
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, Sec. 1, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1312, 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) The board has exclusive jurisdiction over the physical
assets of the school and shall administer and spend
appropriations made for the benefit of the school.
(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.
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, 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, 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, Sec. 3, eff. June 17, 2005.
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, 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) The board has exclusive 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.
(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 and may 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.
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, 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, 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, Sec. 7.03, eff. May 31, 2006.
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 indepe