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062904 |
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SPECIAL EDUCATION
STUDENTS: |
EHBAB |
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INDIVIDUALIZED
EDUCATION PROGRAM (IEP) AND ARDS |
(LEGAL) |
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ARD COMMITTEE |
The District shall establish an
admission, review, and dismissal (ARD) committee for each eligible
student with a disability and for each student for whom a full and individual
initial evaluation is conducted. The ARD committee shall be the
individualized education program (IEP) team defined in federal law and
regulations, including, specifically, 34 CFR 300.344. The District shall be
responsible for all of the functions for which the IEP team is responsible
under federal law and regulations and for which the ARD committee is
responsible under state law. 19 TAC 89.1050(a) |
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MEETINGS |
The District shall initiate and
conduct ARD committee meetings for the purpose of developing, reviewing, and
revising the IEP of a child with a disability. The committee shall review
each child's IEP periodically, and, if appropriate, revise the IEP. A meeting
must be held for this purpose at least once a year. A meeting does not
include informal or unscheduled conversations involving District personnel
and conversations on issues such as teaching methodology, lesson plans, or coordination
of service provisions if those issues are not addressed in the child's IEP. A
meeting also does not include preparatory activities that public agency
personnel engage in to develop a proposal or response to a parent proposal
that will be discussed at a later meeting. 20 U.S.C. 1414(d) 34 CFR
300.501(b)(2), 300.343 |
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NEW STUDENTS |
For a student who is new to the
District: 1. When a student transfers within the state, the
ARD committee may, but is not required to, meet when the student enrolls and
a copy of the student's IEP is available, the parent(s) indicate in writing
that they are satisfied with the current IEP, and the District determines
that the current IEP is appropriate and can be implemented as written; or 2. If the conditions of item 1 above are not met,
then the ARD committee must meet when the student enrolls and the parents
verify that the student was receiving special education services in the
previous school district, or the previous school district verifies in writing
or by telephone that the student was receiving special education services. At
this meeting, the ARD committee must do one of the following: a. The ARD committee may determine that it has
appropriate evaluation data and other information to develop and begin
implementation of a complete IEP for the student; or b. The ARD committee may determine that valid
evaluation data and other information from the previous school district are
insufficient or unavailable to develop a complete IEP. In this event, the ARD
committee may authorize the provision of temporary special education services
pending receipt of valid evaluation data from the previous school district or
the collection of new evaluation data by the current school district. In this
situation, a second ARD committee meeting must be held within 30 school days
from the date of the first ARD committee meeting to finalize or develop an
IEP based on current information. In accordance with Education Code
25.002, the school district in which the student was previously enrolled
shall furnish the new school district with a copy of the student's records,
including the child's special education records, not later than the 30th
calendar day after the student was enrolled in the new school district. The
Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g,
does not require the student's current and previous school districts to
obtain parental consent before requesting or sending the student's special
education records if the disclosure is conducted in accordance with 34 CFR 99.31(a)(2)
and 99.34. 19 TAC 89 1050(f) |
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REPORT |
The written report of
the ARD committee shall document the decisions of the committee with respect
to the issues discussed at the meeting. The report shall include the date,
names, positions, and signatures of the members participating in each
meeting. The |
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MEMBERSHIP |
The District shall ensure that each ARD
committee meeting includes all of the following: 1. The parents of a child with a disability; 2. At least one regular education teacher of the
child (if the child is, or may be, participating in the regular education
environment) 3. At least one special education teacher, or, if
appropriate, at least one special education provider of the child; 4. A representative* of the District who: a. Is qualified to provide or supervise the
provision of specially designed instruction to meet the unique needs of
children with disabilities; b. Is knowledgeable about the general curriculum;
and c. Is knowledgeable about the availability of
resources of the District; 5. An individual who can interpret the
instructional implications of evaluation results, who may be a member of the
ARD committee (who may be a member of the committee listed in items 2-6); 6. The child, if appropriate; and 7. Other individuals who have knowledge or special
expertise regarding the child at the discretion of the District or the
parent. * The District may designate another
member of the ARD committee to also serve as a District representative, so
long as the criteria in items 4a-c are satisfied. |
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TRANSITION PLANNING |
If the purpose of the meeting is to
consider transition services for a student, the District shall invite: 1. The student. If the student does not attend,
the District shall take steps to ensure that the student's preferences and
interests are considered. 2. A representative of any other agency that is
likely to be responsible for providing or paying for transition services. If
such a representative is invited but does not attend, the District shall take
other steps to obtain the participation of the other agency in the planning
of any transition services. 34 CFR 300.344; 19 TAC 89.1050 [See EHBA] |
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COLLABORATIVE PROCESS—TEN-DAY RECESS |
All members of the ARD committee shall
have the opportunity to participate in a collaborative manner in developing
the IEP. Decisions concerning the required elements of the IEP shall be made
by mutual agreement of the required members, if possible. The ARD committee
may agree to an annual IEP or an IEP of shorter duration. 1. When mutual agreement about all required
elements of the IEP is not achieved, the parent or adult student [see EHBAD
for more information on rights of adult students] who disagrees shall be
offered a single opportunity to have the committee recess for a period not to
exceed ten school days. This recess is not required when: a. The student's presence on campus represents a
danger of physical harm to the student or others; b. The student has committed an expellable
offense; or c. The student has committed an offense that may
lead to placement in a disciplinary alternative education program. [See FOF] d. These requirements do not prohibit the members
of the ARD committee from recessing an ARD committee meeting for reasons
other than failure of the parents and the District from reaching mutual
agreement about all required elements of an IEP. 2. During the recess, the committee members shall
consider alternatives, gather additional data, prepare further documentation,
and/or obtain additional resource persons to enable the committee to reach
mutual agreement. 3. The date, time, and place for continuing the
ARD committee meeting shall be determined by mutual agreement prior to the
recess. 4. If after the ten-day recess, the ARD committee
still cannot reach mutual agreement, the District shall implement the IEP it
has determined to be appropriate for the student. 5. When mutual agreement is not reached, a written
statement of the basis for the disagreement shall be included in the IEP. The
members who disagree shall be offered the opportunity to write their own
statements. 6. When the District implements an IEP with which
the parents or adult student disagree, it shall provide prior written notice
in compliance with the notice provisions described at EHBAD. 7. Parents shall have the right to file a
complaint, request mediation, or request a due process hearing at any point,
when they disagree with ARD committee decisions. 19 TAG 89.1050(h) |
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FIRST-TIME REFERRALS |
The ARD committee (see
below) shall make its decisions regarding students referred for a full and
individual initial evaluation within 30 calendar days from the date of the
completion of the written full and individual initial evaluation report. If
the 30th day falls during the summer and school is not in session, the ARD
committee shall have until the first day of classes in the fall to finalize
decisions concerning the initial eligibility determination, the IEP, and placement, unless the full and individual initial
evaluation indicates the student will need extended school year (ESY)
services during that summer. 19 TAC 89.1050(d) [See EXTENDED SCHOOL
YEAR SERVICES, below] |
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DISCIPLINE |
For procedures
involving discipline of students with disabilities, see FOF. |
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PARENTAL PARTICIPATION IN ARD COMMITTEE |
The District shall invite the parents
and adult student to participate as members of the ARD committee by providing
written notice, as described at EHBAD. The District shall take steps to
ensure that one or both parents of a student with a disability are present at
each ARD committee meeting or are afforded an opportunity to participate,
including: 1. Notice of the purpose, time, and location of
the meeting, who will be in attendance, and that persons with knowledge or
special expertise maybe invited by either the parent or the District; 2. Scheduling the meeting at a mutually agreed on
time and place. If the purpose of the meeting is to
consider transition services, the notice must also indicate this purpose,
indicate that the District will invite the student, and identify any other
agency that will be invited to send a representative. 20 U.S.C. 1414(d); 34 CFR 300.345
(a), (b); 19 TAC 89.1045(a) If neither parent can attend an ARD
meeting, the District shall use other methods to ensure parental
participation, including individual or conference telephone calls. An ARD
meeting may be conducted without a parent in attendance if the District is
unable to convince the parents that they should attend, but the District
shall have a record of its attempts to arrange a mutually agreed on time and
place, such as detailed records of telephone calls, correspondence, or visits
made or attempted and the results of any of those actions. 34 CFR
300.345(c), (d) |
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MEETING AT PARENT'S
REQUEST |
A parent may request
an ARD committee meeting at any mutually agreeable time to address specific
concerns about his or her child's special education services. The District
must respond to the request by holding the meeting or requesting TEA's assistance through the mediation process. The
District shall inform parents of the functions of the ARD committee and the
circumstances or types of problems for which requesting an ARD committee
meeting would be appropriate. 19 TAC 89.1045(b) |
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TEACHER INVOLVEMENT |
The regular education teacher of a
student with a disability, as a member of the ARD committee, shall, to the
extent appropriate, participate in the development, review, and revision of
the student's IEP, including assisting in the determination of appropriate
positive behavioral interventions and strategies and supplementary aids and
services, program modifications, or supports for school personnel that will
be provided for the student. 34 CFR 300.346(d) The District shall have procedures to
ensure that each teacher involved in a student's instruction has the
opportunity to provide input and request assistance regarding the implementation
of the student's IEP. These procedures shall include a method for a student's
regular or special education teachers to submit requests for further
consideration of the student's IEP or its implementation. In response to this
request, the District's procedures shall include a method for the District to
determine whether further consideration is necessary and whether this
consideration will be informal or will require an ARD committee meeting. If
the District determines that an ARD committee meeting is necessary, the
student's current regular and special education teachers shall have an
opportunity to provide input. The District shall also ensure that
each teacher who provides instruction to a student with disabilities receives
relevant sections of the student's current IEP and that each teacher be
informed of specific responsibilities related to implementing the IEP, such
as goals and benchmarks, and of needed accommodations, modifications, and
supports for the child. 19 TAC 89.1075(c) |
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INDIVIDUALIZED
EDUCATION PROGRAM (IEP) |
The IEP developed by the ARD committee
for each student with a disability shall include: 1. A statement of the child's present levels of
educational performance 2. A statement of measurable annual goals,
including benchmarks or short-term objectives; 3. A statement of the specific special education
and related services and supplementary aids and services to be provided to
the child and a statement of the program modifications or supports for school
personnel that will be provided for the child; 4. An explanation of the extent, if any, to which
the child will not participate with nondisabled
children in the regular class and in extracurricular and nonacademic
activities; 5. The projected dates for initiation of services
and modifications and the anticipated frequency, location, and duration of
these services and modifications; 6. A statement of how the child's progress toward
the annual goals will be measured and how parents will be informed—at
least as often as parents of nondisabled students
receive such notice—of this progress; 7. A statement of any individual modifications in
the administration of state or Districtwide
assessments; and 8. Beginning at age 14 (or younger, if
appropriate), and updated annually, a statement of the transition service
needs of the student. The ARD committee shall also consider: 1. In the case of a child whose behavior impedes
his or her learning or that of others, when appropriate, strategies,
including positive behavioral interventions, and supports to address that
behavior. 2. In the case of a child with limited English
proficiency, the language needs of the child as those needs relate to the
child's IEP. 3. For students who are blind or visually
impaired, instruction in Braille and the use of Braille unless the ARD committee
determines, after an evaluation of the child's reading and writing skills,
that instruction in Braille is not appropriate for the child. The IEP shall
also include the elements required by Education Code 30.002(e). 4. The communication needs of the child, and in
the case of a child who is deaf or hard of hearing, the child's language and
communication needs, opportunities for direct communications with peers and
professional personnel in the child's language and communication mode. 5. Whether the child requires assistive technology
devices and services. 6. If the ARD committee determines that the
student is in need of extended school year (ESY) services, goals and
objectives for ESY services from the student's current IEP. 20 U.S.C. 1414(d); 34 CFR
300.346(a), 300.347(a), (b); 19 TAC 89.1055 |
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ACCELERATED |
The admission, review, and dismissal
committee of a kindergarten, first grade, or second grade student who
participates in the District's special education program and who does not
perform satisfactorily on a reading instrument [see EKC] shall
determine the manner in which the student will participate in an accelerated
reading program. However, the accelerated reading instruction program may be
implemented only if the Commissioner certifies that funds have been
appropriated during a school year for administering the accelerated reading
instruction program. Education Code 28.006 |
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PROMOTION |
The ARD committee of a student who
does not perform satisfactorily on: 1. The third grade reading assessment instrument; 2. The fifth grade mathematics and reading
assessment instrument; or 3. The eighth grade mathematics and reading
assessment instrument shall determine the manner in which the student will
participate in an accelerated instructional program [see EIE] and
whether the student will be promoted or retained. Education Code 28.0211 For students with autism/pervasive
developmental disorders, information about the following shall be considered
and when needed, shall be addressed in the IEP: 1. Extended educational programming; 2. Daily schedules reflecting minimal unstructured
time; 3. In-home training or viable alternatives; 4. Prioritized behavioral objectives; 5. Prevocational and vocational needs of students
12 years of age or older; 6. Parent training; and 7. Suitable staff-to-students ratio. If the ARD committee determines that
the services are not needed in one or more of the items listed in 1-7 above,
the IEP shall include a statement reflecting that decision and the basis upon
which the determination was made. 20 U.S.C. 1414(d), 34 CFR
300.346(a), 300.347(a), (b); 19 TAC 89.1055 |
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IEP TO PARENT |
The District shall provide a copy of
the IEP to the parent at no cost to the parent. 34 CFR 300.345(f) 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 IEP translated into
Spanish if Spanish is the parent's native language; or 2. Make a good faith effort to provide the parent
with a written or audiotaped copy of the child's
IEP translated into the parent's native language, if that language is other
than Spanish. Education Code 29.005(d) |
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PLACEMENT DECISIONS |
Before initial
placement occurs, the District shall obtain written consent as defined in 34
CFR 300.500. 19 TAC 89.1050(d), (e) [See EHBAA for details
concerning parental consent] |
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EXTENDED SCHOOL YEAR
(ESY) SERVICES |
The District shall ensure that
extended school-year services are available as necessary to provide a student
with a disability with a free appropriate public education. The need for extended school year
(ESY) services must be determined on an individual student basis by the ARD
committee. In determining the need for and in providing ESY services, the
District may not limit ESY services to particular categories of disability or
unilaterally limit the type, amount, or duration of ESY services. The need
for ESY services must be documented from formal and/or informal evaluations
provided by the District or the parents. The documentation shall demonstrate
that in one or more critical areas addressed in the current IEP objectives,
the student has exhibited or may reasonably be expected to exhibit severe or
substantial regression that cannot be recouped within a reasonable period of
time. "Severe or substantial regression" means that the student has
been or will be unable to maintain one or more acquired critical skills
because of the absence of ESY services. If the District does not propose ESY
services for discussion at the annual review of a student's IEP, the parent
may request that the ARD committee discuss ESY services. If a student for
whom ESY services was considered and rejected loses critical skills because
of the decision not to provide ESY services, and if those skills are not
regained after the reasonable period of time for recoupment,
the ARD committee shall reconsider the current IEP if the student's loss of
critical skills interferes with the implementation of the student's IEP. 20 U.S.C. 1412(a)(1), 1413(a), 34
CFR 300.309; 19 TAC 89.1065 |
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INDIVIDUAL TRANSITION
PLANNING (ITP) |
For each student with a disability
beginning at age 14 (or younger, if determined appropriate by the ARD
committee), and updated annually, the IEP shall include a statement of the
transition service needs of the student under the applicable components of
the student's IEP that focuses on the student's courses of study. For each
student beginning at age 16, the IEP shall include a statement of needed
transition services, including, if appropriate, a statement of the
interagency responsibilities or any needed linkages. 34 CFR 300.347(b) Transition planning shall be initiated
by the District, but transition services are the responsibility of other
state agencies as well. Subject to revision by mutual agreement of the
agencies, the following are participating agencies for purposes of transition
services: The individual transition planning
process shall be collaborative and based on long-range goals. it shall be based on current information regarding the
student's knowledge, skills, capabilities, interests, and preferences. 19 TAC 89.1110 |
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INSTRUCTIONAL DAY |
An instructional day commensurate with
that of students who do not have disabilities shall be available to students
with disabilities. The ARD committee shall determine the appropriate
instructional setting and length of day for each student and specify these
requirements in the student's IEP. 19 TAC 89.1075(d) |
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PERSONNEL ASSIGNED TO
VISUALLY IMPAIRED |
If the District provides special
education services to students with visual impairments, it shall have written
procedures as required in Education Code 30.002(c)(10).
19 TAC 89.1075(b) |
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GRADUATION |
Graduation with a regular high school
diploma terminates a student's eligibility for special education services. In
addition, as provided in Education Code 42.003(a), graduation with a regular
high school diploma terminates a student's entitlement to the benefits of the
Foundation School Program. For students who receive a diploma according to 19
TAC 89.1070(c), the ARD committee shall determine needed educational services
upon the request of the student or parent to resume services, as long as the
student meets the age requirements. [See EHBAA] Graduation from high school with a
regular diploma constitutes a change in placement that requires written prior
notice to parents. 20 U.S.C. 1412(a)(1), 1413(a), 34 CFR
300.122; 19 TAC 89.1070 [See EIF] |
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DATE
ISSUED: |
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UPDATE
72 |
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EHBAB
(LEGAL)—P |
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