No qualified student with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any District service, program, or activity. 42 U.S.C. 12132; 29 U.S.C. 794(a); 34 CFR 104.4(a) [See also FB]

1. Have been provided at public expense, under public supervision and direction, and without charge;

2. Meet standards set out by TEA;

3. Include an appropriate preschool, elementary school, or secondary school education; and

4. Are provided in conformity with the student's individualized education program (IEP).

The District shall ensure that to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, shall be educated with children who are not disabled. Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment shall occur only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. 20 U.S C. 1412(a)(5), 34 CFR 300.550(b)

All disciplinary actions regarding students with disabilities shall be in accordance with federal requirements, Education Code Chapter 37, and 19 TAC 89.1053. 19 TAC 89.1050(g) [See FOF]

Instructional arrangements/settings shall be based on the individual needs and IEPs of eligible students receiving special education services. Placement options include:

1. Mainstream: providing services in a regular classroom;

2. Homebound: providing services at home or hospital bedside;

3. Hospital class: providing services in a classroom, hospital facility, or residential care and treatment facility not operated by the District;

4. Speech therapy: providing speech therapy services in a regular education classroom or other setting;

5. Resource room/services: providing services in a setting other than the regular classroom for less than 50 percent of the regular school day;

6. Self-contained (mild, moderate, or severe) regular campus: providing services to a student who is in a self-contained program for 50 percent or more of the regular school day on a regular school campus;

7. Off home campus: providing services in an interdistrict program, through District personnel at a nondistrict facility, or a District campus that provides only special education and related services.

8. Nonpublic day school: providing services through a contractual agreement with a nonpublic school for special education;

9. Vocational adjustment program: providing services to student who is placed on a job with regularly scheduled direct involvement by special education personnel in the implementation of the student's IEP;

10. Residential care and treatment facility (not District resident) providing services to students who reside in care and treatment facilities and whose parents do not reside within the boundaries of the District;

11. State school for persons with mental retardation: providing services to a student who resides at a state school when the services are provided at the state school location; or

12. Other program options, including contracts with other districts and programs approved by TEA.

19 TAC 89.63(c), (f)

The District may enter into a written contract to jointly operate its special education program. The contract must be approved by the Commissioner. Education Code 29.007