SECTION 89.1601. Definitions

The following words and terms, when used in this subchapter, have the following meaning, unless the context clearly indicates otherwise.

(1) Caseworker--A person who works on behalf of a student in the Texas Department of Family and Protective Services (DFPS) Managing Conservatorship to make decisions regarding the student's case.

(2) Educational and course programs--Programs intended to provide instruction to students in conjunction with or outside of the required curriculum, which may include, but are not limited to, gifted and talented services, bilingual or special language services for emergent bilingual students, career and technical education, and early college high school.

(3) Educational decision-maker--A person designated by DFPS or a court to make education decisions on behalf of youth in substitute care.

(4) Enrollment conference--A student-centered meeting between key school district or open-enrollment charter school staff and the newly enrolled student and/or the student's parent or guardian that occurs within the first two weeks of enrollment, as soon as feasible, at a new school to collaboratively ease transitions; identify the student's academic strengths and extracurricular interests; introduce school processes and opportunities for engagement; and identify any interventions and additional support services (e.g., special education or Section 504 services, academic and/or behavioral interventions, social and emotional needs, college and career readiness). The student's attendance in the conference should be addressed on a case-by-case basis.

(5) Foster care--Twenty-four-hour substitute care for children placed away from their parents or guardians for whom DFPS has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, childcare institutions, and pre-adoptive homes.

(6) Foster care liaison--The individual each school district or open-enrollment charter school appoints to act as a liaison to facilitate enrollment or transfer of a child who is in conservatorship of the state, pursuant to Texas Education Code, §33.904.

(7) Homeless--This term has the meaning assigned to the term "homeless children and youths" under 42 United States Code (USC), §11434a.

(8) McKinney-Vento liaison--A person designated by a school district or an open-enrollment charter school pursuant to the McKinney-Vento Homeless Assistance Act (42 USC, §11432(g)(1)(J)(ii)), to ensure homeless children and youth are identified and enrolled, with a full and equal opportunity to succeed, in schools.

(9) Records--Documents in printed or electronic form that include, but are not limited to, student transcripts; individual course grades; academic achievement records; course credits, whether full or partial; individualized education program referrals; intervention data; immunizations; state assessment scores; student attendance data; disciplinary reports; graduation endorsements; special education/Section 504 committee records; performance acknowledgements; and personal graduation plans.

(10) Substitute care--The placement of a child who is in the conservatorship of DFPS in care outside the child's home. The term includes foster care, institutional care, pre-adoptive homes, placement with a relative of the child, or commitment to the Texas Juvenile Justice Department under Texas Family Code, §263.001(a)(4).

(11) Welcome packet--A compilation of school district or open-enrollment charter school and community resources provided to new students within the first two weeks of enrollment at a new school that helps to familiarize the student with the school.

Source Note: The provisions of this §89.1601 adopted to be effective March 30, 2020, 45 TexReg 2159; amended to be effective January 1, 2023, 47 TexReg 8659