Education Code § 30.002

Sec. 30.002. STATE PLAN FOR CHILDREN WITH VISUAL IMPAIRMENTS, WHO ARE DEAF OR HARD OF HEARING, OR WHO ARE DEAF-BLIND. (a) The agency shall develop and administer a comprehensive statewide plan for the education of children who are under 22 years of age and who have visual impairments, are deaf or hard of hearing, or are deaf-blind that will ensure that the children have an opportunity for achievement equal to the opportunities afforded their peers who do not have visual impairments, are not deaf or hard of hearing, or are not deaf-blind. (b) The agency shall: (1) develop standards and guidelines for all special education and related services for children who have visual impairments, are deaf or hard of hearing, or are deaf-blind that it is authorized to provide or support under this code and federal law; (2) supervise regional education service centers and other entities in assisting school districts in serving children who have visual impairments, are deaf or hard of hearing, or are deaf-blind more effectively; and (3) maintain an effective liaison between special education programs provided for children who have visual impairments, are deaf or hard of hearing, or are deaf-blind by school districts and related initiatives of the Health and Human Services Commission, the Texas Workforce Commission, and other related programs, agencies, or facilities as appropriate. (c) The comprehensive statewide plan for the education of children who have visual impairments, are deaf or hard of hearing, or are deaf-blind must: (1) adequately provide for comprehensive diagnosis and evaluation of each school-age child who has a visual impairment, is deaf or hard of hearing, or is deaf-blind and adequately outline the expectations of a school district for such a child under three years of age; (2) include the procedures, format, and content of the individualized education program for each child who has a visual impairment, is deaf or hard of hearing, or is deaf-blind; (3) emphasize providing educational services to children who have visual impairments, are deaf or hard of hearing, or are deaf-blind in their home communities whenever possible; (4) include information regarding the establishment of regional day school programs for the deaf under Subchapter D and the parameters of those programs; (5) provide for flexibility on the part of school districts to meet the unique needs of children who have visual impairments, are deaf or hard of hearing, or are deaf-blind 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, the Texas School for the Deaf, regional day school programs for the deaf, or related facilities or programs; or (E) other instructional and service arrangements approved by the agency; (6) provide for effective interaction between the classroom setting of the child who has a visual impairment, is deaf or hard of hearing, or is deaf-blind 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; (7) describe recommended and required professional development activities based on the special education and related services provided by school district staff to children who have visual impairments, are deaf or hard of hearing, or are deaf-blind; (8) provide for adequate monitoring and precise evaluation of special education services provided to children who have visual impairments, are deaf or hard of hearing, or are deaf-blind through school districts; (9) require that school districts providing special education services to children who have visual impairments, are deaf or hard of hearing, or are deaf-blind 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 Texas School for the Deaf; (D) the statewide outreach center at the Texas School for the Deaf; (E) the Central Media Depository for specialized instructional materials and aids made specifically for use by students with visual impairments; (F) sheltered workshops participating in the state program of purchases of blind-made goods and services; and (G) related sources; and (10) assist in the coordination of educational programs with other public and private agencies, including: (A) agencies operating early childhood intervention programs; (B) preschools; (C) agencies operating child development programs; (D) private nonsectarian schools; (E) agencies operating regional occupational centers and programs; and (F) as appropriate, postsecondary and adult programs for persons who are deaf or hard of hearing. (c-1) Repealed by Acts 2025, 89th Leg., R.S., Chs. 1065 (H.B. 2), Sec. 4.63(8), and 1137 (S.B. 568), Sec. 64(8), eff. June 20, 2025. (c-2) Repealed by Acts 2025, 89th Leg., R.S., Chs. 1065 (H.B. 2), Sec. 4.63(8), and 1137 (S.B. 568), Sec. 64(8), eff. June 20, 2025. (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 student who has a visual impairment, is deaf or hard of hearing, or is deaf-blind 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 the evaluation and instruction required under this subchapter and Subchapter A, Chapter 29; 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 instruction required under this subchapter and Subchapter A, Chapter 29. (f) Repealed by Acts 2025, 89th Leg., R.S., Chs. 1065 (H.B. 2), Sec. 4.63(8), and 1137 (S.B. 568), Sec. 64(8), eff. June 20, 2025. (f-1) Repealed by Acts 2025, 89th Leg., R.S., Chs. 1065 (H.B. 2), Sec. 4.63(8), and 1137 (S.B. 568), Sec. 64(8), eff. June 20, 2025. (g) Repealed by Acts 2025, 89th Leg., R.S., Chs. 1065 (H.B. 2), Sec. 4.63(8), and 1137 (S.B. 568), Sec. 64(8), eff. June 20, 2025. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 505 (S.B. 39), Sec. 1, eff. June 14, 2013. Acts 2013, 83rd Leg., R.S., Ch. 637 (H.B. 590), Sec. 1, eff. September 1, 2013. Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.09, eff. December 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 425 (S.B. 522), Sec. 1, eff. June 4, 2019. Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 4.42, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 4.43, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 4.63(8), eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1137 (S.B. 568), Sec. 42, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1137 (S.B. 568), Sec. 43, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1137 (S.B. 568), Sec. 64(8), eff. June 20, 2025.