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 Texas Statutes (Last Updated: January 4, 2014)
 EDUCATION CODE
 Title 2. PUBLIC EDUCATION
 Subtitle F. CURRICULUM, PROGRAMS, AND SERVICES
 Chapter 29. EDUCATIONAL PROGRAMS  
 Subchapter A. SPECIAL EDUCATION PROGRAM  

  Sec. 29.005. INDIVIDUALIZED EDUCATION PROGRAM    

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  • (a) Before a child is enrolled in a special education program of a school district, the district shall establish a committee composed of the persons required under 20 U.S.C. Section 1401(11) to develop the child's individualized education program.

    (b) The committee shall develop the individualized education program by agreement of the committee members or, if those persons cannot agree, by an alternate method provided by the agency. Majority vote may not be used to determine the individualized education program.

    (c) If the individualized education program is not developed by agreement, the written statement of the program required under 20 U.S.C. Section 1401(11) must include the basis of the disagreement.

    (d) If the child's parent is unable to speak English, the district shall:

    (1) provide the parent with a written or audiotaped copy of the child's individualized education program translated into Spanish if Spanish is the parent's native language; or

    (2) if the parent's native language is a language other than Spanish, make a good faith effort to provide the parent with a written or audiotaped copy of the child's individualized education program translated into the parent's native language.

    (e) The commissioner by rule may require a school district to include in the individualized education program of a student with autism or another pervasive developmental disorder any information or requirement determined necessary to ensure the student receives a free appropriate public education as required under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).

    (f) The written statement of a student's individualized education program may be required to include only information included in the model form developed under Section 29.0051(a).

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1372, Sec. 1, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 767, Sec. 3, eff. June 13, 2001. Amended by: Acts 2005, 79th Leg., Ch. 838 , Sec. 12, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 1250 , Sec. 1, eff. June 17, 2011.