State Rules Not Required by IDEA or Federal Regulations

Each state that receives funds under Section 608(a) of the Individuals with Disabilities Education Improvement Act 2004 (IDEA 2004) must:

ensure that any state rules, regulations, and policies relating to this title conform to the purposes of this title;
identify in writing to local educational agencies located in the state and the Secretary any such rule, regulation, or policy as a state-imposed requirement that is not required by this title and federal regulations; and
minimize the number of rules, regulations, and policies to which the local educational agencies and schools located in the state are subject under this title.

States must provide a list identifying any rule, regulation, or policy that is state-imposed (not required by IDEA or federal regulations) with its application for funds. In addition, the state must inform local educational agencies in writing of such state-imposed rules, regulation, or policy. (20 U.S.C. 1407(a)).

The following is a list of state rules (Texas Administrative Code) not required by the IDEA 2004 (Public Law 108-446) or current federal regulations (34 CFR §§300.1-300.756):

19 TAC §89.61. Contracting for Residential Educational Placements for Students with Disabilities
19 TAC §89.62. Support of Students Enrolled in the Texas School for the Blind and Visually Impaired and Texas School for the Deaf
19 TAC §89.63. Instructional Arrangements and Settings
19 TAC §89.1011. Referral for Full and Individual Initial Evaluation
19 TAC §89.1015. Time Line for All Notices
19 TAC §89.1035. Age Ranges for Student Eligibility
19 TAC §89.1040. Eligibility Criteria
19 TAC §89.1045. Notice to Parents for Admission, Review, and Dismissal (ARD) Committee Meetings
19 TAC §89.1047. Procedures for Surrogate and Foster Parents
19 TAC §89.1049. Parental Rights Regarding Adult Students
19 TAC §89.1050. The Admission, Review, and Dismissal (ARD) Committee
19 TAC §89.1052. Discretionary Placements in Juvenile Justice Alternative Education Programs (JJAEP)
19 TAC §89.1053. Procedures for Use of Restraint and Time-Out
19 TAC §89.1055. Content of the Individualized Education Program (IEP)
19 TAC §89.1056. Transfer of Assistive Technology Devices
19 TAC §89.1065. Extended School Year Services (ESY Services)
19 TAC §89.1070. Graduation Requirements
19 TAC §89.1075. General Program Requirements and Local District Procedures
19 TAC §89.1076. Interventions and Sanctions
19 TAC §89.1080. Regional Day School Program for the Deaf
19 TAC §89.1085. Referral for the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf Services
19 TAC §89.1090. Transportation of Students Placed in a Residential Setting, Including the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf
19 TAC §89.1096. Provision of Services for Students Placed by their Parents in Private Schools or Facilities
19 TAC §89.1100. Memorandum of Understanding on Coordination of Services to Disabled Persons
19 TAC §89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities
19 TAC §89.1121. Distribution of State Funds
19 TAC §89.1125. Allowable Expenditures of State Special Education Funds
19 TAC §89.1131. Qualifications of Special Education, Related Service, and Paraprofessional Personnel
19 TAC §89.1141. Education Service Center Regional Special Education Leadership
19 TAC §89.1150. General Provisions
19 TAC §89.1151. Special Education Due Process Hearings
19 TAC §89.1165. Request for Special Education Due Process Hearing
19 TAC §89.1170. Impartial Hearing Officer
19 TAC §89.1175. Representation in Special Education Due Process Hearings
19 TAC §89.1180. Prehearing Procedures
19 TAC §89.1183. Resolution Process
19 TAC §89.1185. Hearing Procedures
19 TAC §89.1186. Extensions of Time
19 TAC §89.1191. Special Rule for Expedited Due Process Hearings
19 TAC §89.1193. Special Education Mediation
19 TAC §89.1195. Special Education Complaint Resolution