Texas Education Code
§ 29.005 — INDIVIDUALIZED EDUCATION PROGRAM
ED § 29.005Title 2. PUBLIC EDUCATION · Part F. CURRICULUM, PROGRAMS, AND SERVICES · Ch. 29. EDUCATIONAL PROGRAMS · Art. A. SPECIAL EDUCATION PROGRAM
Statute text
View on source(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 1414(d) to develop the child's individualized education program. If a committee is required to include a general education teacher, the teacher included must, to the extent practicable, be a teacher who is responsible for implementing a portion of 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. (b-1) The written statement of the individualized education program must document the decisions of the committee with respect to issues discussed at each committee meeting. The written statement must include:
(1)the date of the meeting;
(2)the name, position, and signature of each member participating in the meeting; and
(3)an indication of whether the child's parents, the adult student, if applicable, and the administrator agreed or disagreed with the decisions of the committee.
(c)If the individualized education program is not developed by agreement, the written statement of the program required under 20 U.S.C. Section 1414(d) must include the basis of the disagreement. Each member of the committee who disagrees with the individualized education program developed by the committee is entitled to include a statement of disagreement in the written statement of the program.
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Legislative history
Acts 2005, 79th Leg., Ch. 838 (S.B. 882), Sec. 12, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 1250 (S.B. 1788), Sec. 1, eff. June 17, 2011. Acts 2013, 83rd Leg., R.S., Ch. 458 (S.B. 914), Sec. 1, eff. June 14, 2013. Acts 2015, 84th Leg., R.S., Ch. 1192 (S.B. 1259), Sec. 2, eff. June 19, 2015. Acts 2021, 87th Leg., R.S., Ch. 225 (H.B. 785), Sec. 1, eff. June 4, 2021. Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 4.08, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 4.63(5), eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1137 (S.B. 568), Sec. 8, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1137 (S.B. 568), Sec. 64(5), eff. June 20, 2025.