CHAPTER 30. STATE AND REGIONAL PROGRAMS AND SERVICES - Texas Statutes

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