EDUCATION CODE
CHAPTER 30. STATE AND REGIONAL PROGRAMS AND SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. June 18, 1999.
§ 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, § 1, eff. May 30, 1995.
§ 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.
(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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1071, § 6, eff. Sept. 1,
1997.
§ 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, § 1, eff. May 30, 1995.
§ 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 no later than
September 1, 1998, 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; and
(4) 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, § 5, eff. Sept. 1, 1997.
SUBCHAPTER B. TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED
§ 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 on the
exit-level assessment instrument, 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1341, § 1, eff. Sept. 1,
1997.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1341, § 2, eff. Sept. 1,
1997.
§ 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 salary must be based on not more than 230 days of
service and may not exceed 120 percent of the 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, § 1, eff. May 30, 1995.
§ 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. 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 equal, on a daily-rate basis, to
salaries 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 equal monthly
installments; and
(6) shall work the hours established by the board.
(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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1341, § 3, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 204, § 15.03, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1197, § 4, eff. Sept. 1, 2003.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 4, eff. Sept. 1, 1997.
§ 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, § 1, eff. May 29, 1999.
SUBCHAPTER C. TEXAS SCHOOL FOR THE DEAF
§ 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. The school shall provide:
(1) comprehensive educational services, on a day or
residential basis;
(2) short-term services to allow a student to better
achieve educational results from services available in the
community; and
(3) services for any student who is deaf or hard of
hearing and also has an additional disability and who requires a
specialized support program but does not require a residential
treatment facility.
(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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1340, § 1, eff. Sept. 1,
1997.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, § 6.02, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1340, § 2, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1308, § 1, eff. Aug. 31, 1999.
§ 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 salary must be based on not more than 230 days of
service and may not exceed 120 percent of the 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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. 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 equal, on a daily-rate basis, to
salaries 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 equal monthly installments if the
employee chooses to be paid in that manner; and
(6) shall work the hours established by the board.
(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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1230, § 1, eff. June 20,
1997; Acts 1997, 75th Leg., ch. 1340, § 3, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 204, § 15.04, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 1197, § 5, eff. Sept. 1, 2003.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1340, § 4, eff. Sept. 1,
1997.
§ 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, § 5, eff. Sept. 1, 1997.
SUBCHAPTER D. REGIONAL DAY SCHOOLS FOR THE DEAF
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
SUBCHAPTER E. TEXAS YOUTH COMMISSION FACILITIES
§ 30.101. PURPOSE. The purpose of this subchapter is to
provide the state available school fund apportionment to children
committed to the Texas Youth Commission. 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, § 1, eff. May 30, 1995.
§ 30.102. ALLOCATION. (a) The Texas Youth Commission
is entitled to receive the state available school fund
apportionment based on the average daily attendance in the
commission's educational programs of students who are at least
three years of age and not older than 21 years of age.
(a-1) Expired.
(b) A classroom teacher, full-time librarian, full-time
counselor certified under Subchapter B, Chapter 21, or full-time
school nurse employed by the commission is entitled to receive as a
minimum salary the monthly salary specified by Section 21.402. A
classroom teacher, full-time librarian, full-time counselor, or
full-time school nurse may be paid, from funds appropriated to the
commission, 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.
(b-1) Expired.
(c) The commissioner, with the assistance of the
comptroller, shall determine the amount that the commission 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 commission for educational purposes.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 396, § 1.33, eff. Sept. 1,
1999.
§ 30.103. MEMORANDUM OF UNDERSTANDING. The Texas Youth
Commission 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 Texas Youth
Commission. The Texas Youth Commission 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, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 817, § 10.01, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 818, § 6.02, eff. Sept. 1, 2003.
§ 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 Youth Commission educational programs.
(b) A student may graduate and receive a diploma from a
Texas Youth Commission 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(a); 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 Texas Youth Commission 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(a).
Added by Acts 2003, 78th Leg., ch. 283, § 42, eff. Sept. 1, 2003.
