Current through Reg. 49, No. 38; September 20, 2024
(a) The
individualized education program (IEP) developed by the admission, review, and
dismissal (ARD) committee for each student with a disability must comply with
the requirements of 34 Code of Federal Regulations (CFR), §300.320 and
§300.324, and include all applicable information under Texas Education
Code (TEC), §29.0051.
(b) To
be considered a measurable annual goal under
34 CFR, §
300.320(a)(2), a goal must
include the components of a timeframe, condition, behavior, and criterion.
While at least one measurable annual goal is required, the number of annual
goals will be determined by the ARD committee after examination of the
student's present levels of academic achievement and functional performance and
areas of need.
(1) Annual goals are also
required in the following circumstances:
(A)
when the content of a subject/course is modified, whether the content is taught
in a general or special education setting, in order to address how the content
is modified; and
(B) when a student
is removed from the general education setting for a scheduled period of time
but the content of the subject/course is not modified (e.g., a student who is
progressing on enrolled grade level curriculum but requires a more restrictive
environment for a period of time due to behavioral concerns).
(2) Short-term
objectives/benchmarks, used as intermediary steps or milestones toward
accomplishing an annual goal, may be included in a measurable annual goal.
Short-term objectives/benchmarks:
(A) must be
included in an annual goal if the ARD committee has determined that a student
will not participate in the general state assessment; and
(B) regardless of whether the
objectives/benchmarks are related to a student not participating the general
state assessment, cannot be used as the criterion to indicate mastery of the
annual goal.
(c) The IEP must include a statement of any
individual appropriate and allowable accommodations in the administration of
assessment instruments developed in accordance with TEC, §39.023(a)-(c),
or districtwide assessments of student achievement (if the district administers
such optional assessments) that are necessary to measure the academic
achievement and functional performance of the student on the
assessments.
(d) If the ARD
committee determines that the student will not participate in a general
statewide or districtwide assessment of student achievement (or part of an
assessment), the following requirements must be met.
(1) The IEP must include a statement
explaining:
(A) why the student cannot
participate in the general assessment; and
(B) why the particular alternate assessment
selected is appropriate for the student, and
(2) The Texas Education Agency's alternate
assessment participation requirements form, if one is made available to school
districts, must be included in the student's IEP to document the statement
required under this subsection.
(e) If the ARD committee determines that the
student is in need of extended school year (ESY) services, as described in
§
89.1065 of this title (relating to
Extended School Year Services), then the IEP must identify which of the goals
and objectives in the IEP will be addressed during ESY services.
(f) For students with visual impairments,
from birth through 21 years of age, the IEP or individualized family services
plan must also meet the requirements of TEC, §30.002(e).
(g) For students with autism eligible under
§
89.1040(c)(1) of
this title (relating to Eligibility Criteria), the strategies described in this
subsection must be considered, at least annually based on peer-reviewed,
research-based educational programming practices to the extent practicable,
and, when needed, addressed in the IEP:
(1)
extended educational programming (for example: extended day and/or extended
school year services that consider the duration of programs/settings based on
data collected related to behavior, social skills, communication, academics,
and self-help skills);
(2) daily
schedules reflecting minimal unstructured time and active engagement in
learning activities (for example: lunch, snack, and recess periods that provide
flexibility within routines; adapt to individual skill levels; and assist with
schedule changes, such as changes involving substitute teachers and pep
rallies);
(3) in-home and
community-based training or viable alternatives that assist the student with
acquisition of social, behavioral, communication, and self-help skills (for
example: strategies that facilitate maintenance and generalization of such
skills from home to school, school to home, home to community, and school to
community);
(4) positive behavior
support strategies based on relevant information, for example:
(A) antecedent manipulation, replacement
behaviors, reinforcement strategies, and data-based decisions; and
(B) a behavioral intervention plan developed
from a functional behavioral assessment that uses current data related to
target behaviors and addresses behavioral programming across home, school, and
community-based settings and is implemented and reviewed in accordance with
subsection (j) of this section;
(5) beginning at any age, consistent with
subsection (l) of this section, futures planning for integrated learning and
training, living, work, community, and educational environments that considers
skills necessary to function in current and post-secondary environments,
including self-determination and self-advocacy skills;
(6) parent/family training and support,
provided by qualified personnel with experience in autism, that, for example:
(A) provides a family with skills necessary
for a student to succeed in the home/community setting;
(B) includes information regarding resources
(for example: parent support groups, workshops, videos, conferences, and
materials designed to increase parent knowledge of specific teaching/management
techniques related to the student's curriculum); and
(C) facilitates parental carryover of in-home
training (for example: strategies for behavior management and developing
structured home environments and/or communication training so that parents are
active participants in promoting the continuity of interventions across all
settings);
(7) suitable
staff-to-student ratio appropriate to identified activities and as needed to
achieve social/behavioral progress based on the student's developmental and
learning level (acquisition, fluency, maintenance, generalization) that
encourages work towards individual independence as determined by, for example:
(A) adaptive behavior evaluation
results;
(B) behavioral
accommodation needs across settings; and
(C) transitions within the school
day;
(8) communication
interventions, including language forms and functions that enhance effective
communication across settings (for example: augmentative, incidental, and
naturalistic teaching);
(9) social
skills supports and strategies based on social skills assessment/curriculum and
provided across settings (e.g., peer-based instruction and intervention, video
modeling, social narratives, and role playing);
(10) professional educator/staff support (for
example: training provided to personnel who work with the student to assure the
correct implementation of techniques and strategies described in the IEP);
and
(11) teaching strategies based
on peer reviewed, research-based practices for students with autism (for
example: those associated with discrete-trial training, visual supports,
applied behavior analysis, structured learning, augmentative communication, or
social skills training).
(h) If the ARD committee determines that
services are not needed in one or more of the areas specified in subsection (g)
of this section, the IEP must include a statement to that effect and the basis
upon which the determination was made.
(i) For students identified with the specific
learning disability of dyslexia or a related disorder eligible under §
89.1040(c)(9) of
this title, the IEP must also be developed and implemented in accordance with
the requirements under §
74.28 of this title (relating to
Students with Dyslexia and Related Disorders), including any handbook adopted
in the rule.
(j) If the ARD
committee determines that a behavior improvement plan or a behavioral
intervention plan is appropriate for a student, that plan must be included as
part of the student's IEP and provided to each teacher with responsibility for
educating the student. If a behavior improvement plan or a behavioral
intervention plan is included as part of a student's IEP, the ARD committee
shall review the plan at least annually, and more frequently if appropriate, to
address:
(1) changes in a student's
circumstances that may impact the student's behavior, such as:
(A) the placement of the student in a
different educational setting;
(B)
an increase or persistence in disciplinary actions taken regarding the student
for similar types of behavioral incidents;
(C) a pattern of unexcused absences;
or
(D) an unauthorized,
unsupervised departure from an educational setting; or
(2) the safety of the student or
others.
(k) Not later
than the first IEP to be in effect when the student turns 14 years of age, the
ARD committee must consider and, if appropriate, address the following issues
in the IEP:
(1) appropriate student
involvement in the student's transition to life outside the public school
system;
(2) appropriate involvement
in the student's transition by the student's parents and other persons invited
to participate by:
(A) the student's parents;
or
(B) the school district in which
the student is enrolled;
(3) appropriate postsecondary education
options, including preparation for postsecondary-level coursework;
(4) an appropriate functional vocational
evaluation;
(5) appropriate
circumstances for facilitating a referral of a student or the student's parents
to a governmental agency for services or public benefits, including a referral
to a governmental agency to place the student on a waiting list for public
benefits available to the student such as a waiver program established under
the Social Security Act (42
U.S.C. Section 1396n(c)),
§1915(c); and
(6) the use and
availability of appropriate:
(A) supplementary
aids, services, curricula, and other opportunities to assist the student in
developing decision-making skills; and
(B) supports and services to foster the
student's independence and self-determination, including a supported
decision-making agreement under Texas Estates Code, Chapter 1357.
(l) Beginning not later
than the first IEP to be in effect when the student turns 14 years of age, or
younger if determined appropriate by the ARD committee, the IEP must include:
(1) appropriate measurable postsecondary
goals based upon age-appropriate transition assessments related to training,
education, employment, and, where appropriate, independent living skills;
and
(2) the transition services,
including courses of study, needed to assist the student in reaching the
postsecondary goals.
(m)
The goals included in a student's IEP to comply with subsection (l) of this
section are intended to comply with the requirements in TEC, §29.011(a)(6)
and (8).
(n) Beginning not later
than the first IEP to be in effect when the student turns 18 years of age (see
§
89.1049 of this title (relating to
Parental Rights Regarding Adult Students) for notice requirement of transfer of
rights), the ARD committee must consider and, if appropriate, address the
following issues in the student's IEP:
(1)
involvement in the student's transition and future by the student's parents and
other persons, if the parent or other person:
(A) is invited to participate by the student
or the school district in which the student is enrolled; or
(B) has the student's consent to participate
pursuant to a supported decision-making agreement under Texas Estates Code,
Chapter 1357; and
(2)
the availability of age-appropriate instructional environments, including
community settings or environments that prepare the student for postsecondary
education or training, competitive integrated employment, or independent
living, in coordination with the student's transition goals and
objectives.
(o) A
student's ARD committee shall review at least annually the issues described in
subsections (k), (l), and (n) of this section and, if necessary, update the
portions of the student's IEP that address those issues.
(p) All members of the ARD committee must
have the opportunity to participate in a collaborative manner in developing the
IEP. The school district must take all reasonable actions necessary to ensure
that the parent understands the proceedings of the ARD committee meeting,
including arranging for an interpreter for parents who are deaf or hard of
hearing or whose native language is a language other than English. A decision
of the ARD committee concerning required elements of the IEP must be made by
mutual agreement 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
who disagrees must be offered a single opportunity to recess and reconvene the
ARD committee meeting. The period of time for reconvening the ARD committee
meeting must not exceed ten school days, unless the parties mutually agree
otherwise. The ARD committee must schedule the reconvened meeting at a mutually
agreed upon time and place. The opportunity to recess and reconvene is not
required when the student's presence on the campus presents a danger of
physical harm to the student or others or when the student has committed an
expellable offense or an offense that may lead to a placement in a disciplinary
alternative education program. The requirements of this subsection do not
prohibit the ARD committee from recessing an ARD committee meeting for reasons
other than the failure to reach mutual agreement about all required elements of
an IEP.
(2) During the recess, the
ARD committee members must consider alternatives, gather additional data,
prepare further documentation, and/or obtain additional resource persons who
may assist in enabling the ARD committee to reach mutual agreement.
(3) If a recess is implemented as provided in
paragraph (1) of this subsection and the ARD committee still cannot reach
mutual agreement, the school district must implement the IEP that it has
determined to be appropriate for the student.
(4) Each member of the ARD committee who
disagrees with the IEP developed by the ARD committee is entitled to include a
statement of disagreement in the IEP.
(q) The written statement of the IEP must
document the decisions of the ARD committee with respect to issues discussed at
each ARD committee meeting. The written statement must also 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 ARD committee.
(r) If the student's parent is unable to
speak English and the parent's native language is Spanish, the school district
must provide a written copy or audio recording of the student's IEP translated
into Spanish. If the student's parent is unable to speak English and the
parent's native language is a language other than Spanish, the school district
must make a good faith effort to provide a written copy or audio recording of
the student's IEP translated into the parent's native language.
(1) For purposes of this subsection, a
written copy of the student's IEP translated into Spanish or the parent's
native language means that all of the text in the student's IEP in English is
accurately translated into the target language in written form. The IEP
translated into the target language must be a comparable rendition of the IEP
in English and not a partial translation or summary of the IEP in
English.
(2) For purposes of this
subsection, an audio recording of the student's IEP translated into Spanish or
the parent's native language means that all of the content in the student's IEP
in English is orally translated into the target language and recorded with an
audio device. A school district is not prohibited from providing the parent
with an audio recording of an ARD committee meeting at which the parent was
assisted by an interpreter as long as the audio recording provided to the
parent contains an oral translation into the target language of all of the
content in the student's IEP in English.
(3) If a parent's native language is not a
written language, the school district must take steps to ensure that the
student's IEP is translated orally or by other means to the parent in his or
her native language or other mode of communication.
(4) Under
34 CFR, §
300.322(f), a school
district must give a parent a written copy of the student's IEP at no cost to
the parent. A school district meets this requirement by providing a parent with
a written copy of the student's IEP in English or by providing a parent with a
written translation of the student's IEP in the parent's native language in
accordance with paragraph (1) of this subsection.
(s) A school district must comply with the
following for a student who is new to the school district.
(1) When a student transfers to a new school
district within the state in the same school year and the parents or previous
school district verifies that the student had an IEP that was in effect in the
previous district, the new school district must meet the requirements of
34 CFR, §
300.323(e), by either
adopting the student's IEP from the previous school district or developing,
adopting, and implementing a new IEP. The timeline for adopting the previous
IEP or developing, adopting, and implementing a new IEP is 20 school days from
the date the student is verified as being a student eligible for special
education services.
(2) When a
student transfers from a school district in another state in the same school
year and the parents or previous school district verifies that the student had
an IEP that was in effect in the previous district, the new school district
must, if determined necessary, conduct a full individual and initial evaluation
and make an eligibility determination and, if appropriate, develop, adopt, and
implement a new IEP, within the timelines established in §
89.1011 of this title (relating to
Full and Individual Initial Evaluation). If the school district determines that
an evaluation is not necessary, the timeline for the new district to develop,
adopt, and implement a new IEP is 20 school days from the date the student is
verified as being a student eligible for special education services.
(3) Students who register in a new school
district in the state during the summer when students are not in attendance for
instructional purposes, the provisions of paragraphs (1) and (2) of this
subsection apply based on whether the students are coming from an in-state or
out-of-state school district. All other provisions in this subsection apply to
these students.
(4) In accordance
with 34 CFR, §
300.323(g), the new school
district must take reasonable steps to promptly obtain the student's records
from the previous school district, and, in accordance with TEC, §25.002,
and 34 CFR, §
300.323(g), the previous
school district must furnish the new school district with a copy of the
student's records, including the student's special education records, not later
than the 10th working day after the date a request for the information is
received by the previous school district.
(5) If a parent hasn't already provided
verification of eligibility and the new school district has been unable to
obtain the necessary verification records from the previous district by the
15th working day after the date a request for the records was submitted by the
new district to the previous district, the new school district must seek
verification from the student's parent. If the parent provides verification,
the new school district must comply with all paragraphs of this subsection. The
new school district is encouraged to ask the parent to provide verification of
eligibility before the 15th working day after the date a request for the
records was submitted by the new district to the previous district. If the
parent is unwilling or unable to provide such verification, the new district
must continue to take reasonable steps to obtain the student's records from the
previous district and provide any services comparable to what the student
received at the previous district if they communicate those to the new
district.
(6) For the purposes of
this subsection, "verify" means that the new school district has received a
copy of the student's IEP that was in effect in the previous district. The
first school day after the new district receives a copy of the student's IEP
that was in effect in the previous district begins the timelines associated
with paragraphs (1) and (2) of this subsection.
(7) While the new school district waits for
verification, the new school district must take reasonable steps to provide, in
consultation with the student's parents, services comparable to those the
student received from the previous district if the new school district has been
informed by the previous school district of the student's special education and
related services and placement.
(8)
Once the new school district receives verification that the student had an IEP
in effect at the previous district, comparable services must be provided to a
student during the timelines established under paragraphs (1) and (2) of this
subsection. Comparable services include provision of ESY services if those
services are identified in the previous IEP or if the new district has reason
to believe that the student would be eligible for ESY services.