Education Code § 29.3615

Sec. 29.3615. INDIVIDUALIZED EDUCATION PROGRAMS; EVALUATIONS. (a) The parent of a child who is not enrolled in a school district or open-enrollment charter school may request that a school district conduct a full individual and initial evaluation of the child for purposes of determining the child's eligibility for: (1) special education services under Subchapter A; and (2) participation in the program as a child with a disability. (b) A school district that receives a request under this section shall follow procedures, including for timely completion, for a full individual and initial evaluation in accordance with 20 U.S.C. Sections 1412(a)(10)(A)(ii) and 1414 and Section 29.004 of this code not later than the 45th school day after the date the district receives parental consent to conduct the evaluation. (c) If a school district determines based on an evaluation conducted under Subsection (b) that a child is eligible for special education services, the district shall develop an individualized education program for the child for purposes of establishing the child's eligibility to participate in the program as a child with a disability. (d) At the agency's request, a school district or open-enrollment charter school shall provide to the agency a child's individualized education program developed under Section 29.005 or Subsection (c) of this section, as applicable. (e) The agency may adopt rules as necessary to implement this section, including rules regarding an appeal of a determination of eligibility for special education services and services to be provided as described in an individualized education program developed in accordance with this section. Added by Acts 2025, 89th Leg., R.S., Ch. 2 (S.B. 2), Sec. 2, eff. September 1, 2025.