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Admission, Review, and Dismissal (ARD) Committee |
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A committee is composed of a child's parent(s) and school personnel who are involved with the child. The ARD committee determines a child's eligibility to receive special education services and develops the individualized education program (IEP) of the child. The ARD committee is the IEP team defined in federal law. |
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Adult Student |
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Unless, by court order, a student who is 18 years of age or older has been determined to be incompetent or the student's rights have been otherwise restricted, parental rights under the Individuals with Disabilities Education Act (IDEA) transfer to a student with a disability when the student reaches 18 years of age, except that the local educational agency (LEA) must continue to provide any required notice to both parents and the student. |
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Annual Goals |
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An individualized education program (IEP) must include a statement of measurable annual goals, including academic and functional goals, designed to meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and meet each of the child's other educational needs that result from the child's disability. The goals reflect what the ARD committee believes the child can reasonably accomplish in a year. |
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Assistive Technology Device (ATD) |
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Any item, piece of equipment, or product system that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device. |
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Assistive Technology Service (ATS) |
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Any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. |
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Behavior Intervention Plan (BIP) |
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A written plan to address behavioral concerns impeding the child's learning or that of others. It includes positive behavioral interventions and supports, and other strategies, to address the behavior. |
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Child Find |
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Child Find refers to state-developed policies and procedures which ensure that all children with disabilities residing in Texas, regardless of the severity of their disabilities, who are in need of special education and related services are identified, located, and evaluated. |
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Child with a Disability |
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A child with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this title as "emotional disturbance"), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and who, by reason thereof, needs special education and related services. |
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Complaint Investigations |
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Any organization or individual may file a complaint with the Texas Education Agency (TEA) if the complainant believes the local educational agency (LEA) has violated federal or State laws that apply to children with disabilities. The complainant must send a written and signed complaint to the TEA. The written complaint should state the violation(s) and at least two facts on which the complaint is based. For more information about filing a complaint call TEA toll-free parent information line at 1-800-252-9668. |
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Consent |
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Written informed parental consent is required before the local educational agency (LEA) evaluates a child for special education services for the first time, provides special education services for the first time, and reevaluates the child to determine the continued eligibility for special education services. Informed parental consent need not be obtained prior to reevaluation if the LEA can demonstrate it has taken reasonable measures to obtain such consent and the child's parent has failed to respond. Written consent is also needed before the LEA can release personally identifiable information from a child's education records, with certain exceptions as provided in federal law including when releasing to other school officials with a legitimate educational interest and to another LEA because the child intends to or has enrolled in the LEA. Consent is voluntary and may be withdrawn at any time. |
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Due Process Hearing |
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A formal legal process that is similar to a civil court hearing used to solve disagreements concerning the identification, evaluation, educational placement or the provision of a free appropriate public education (FAPE) to a child with a disability. An impartial hearing officer (similar to a judge) provided by the Texas Education Agency (TEA) conducts the hearing, hears evidence from all parties, and makes a legally binding decision. |
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Early Childhood Intervention (ECI) |
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Programs and services provided to infants and toddlers with developmental delays from birth through age two administered under Part C of the Individuals with Disabilities Education Act (IDEA). |
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Evaluation |
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The collection of information to determine whether a child is a child with a disability, and to determine the educational needs of the child. The team that collects or reviews evaluation data, referred to as the multidisciplinary team (MDT), must use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent. An evaluation may include giving individual tests, observing the student, looking at educational records, and talking with the student and his/her teachers and parents. |
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Extended School Year Services (ESY) |
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An individualized educational program (IEP) for children with disabilities that is provided beyond the regular school year. The need for ESY services must be determined on an individual basis by the child's ARD committee from formal and/or informal evaluations provided by the LEA or the parents. A child is eligible for ESY services when the child has exhibited, or reasonably may be expected to exhibit, severe or substantial regression in critical skill area(s) that cannot be recouped within a reasonable period of time. |
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Free Appropriate Public Education (FAPE) |
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Special education and related services that have been provided at public expense, under public supervision and direction and without charge; meet the standards of the Texas Education Agency (TEA); include an appropriate preschool, elementary school, or secondary school education in the State involved; and are provided in conforming the individualized education program (IEP). |
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General Education Curriculum |
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In Texas the general education curriculum is the Texas Essential Knowledge and Skills (TEKS). |
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Graduation |
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The successful completion of all curriculum requirements and satisfactory performance on the secondary exit-level assessment instrument, or successful completion of an individualized education program (IEP) and the criteria for graduating pursuant to an IEP. A child with disabilities may graduate by completing the same program required of non-disabled children or by completing the requirements of his/her IEP and meeting the criteria set forth by the Commissioner in 19 T.A.C. §89.1070. |
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Hearing Officer |
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An impartial person appointed by the Texas Education Agency (TEA) in charge of a due process hearing. The hearing officer cannot be an employee of any agency involved in the education or care of the child who is the subject of the hearing and cannot have any personal or professional interest that would conflict with his or her objectivity in the hearing. The hearing officer must possess the necessary knowledge and skill necessary to serve as a hearing officer. The hearing officer issues a written decision based upon the evidence and witnesses presented at the hearing. |
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Independent Educational Evaluation (IEE) |
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An evaluation conducted by a qualified examiner who is not employed by the LEA responsible for the education of the child being evaluated. A parent has a right to request an IEE at public expense when the parent disagrees with an evaluation conducted or obtained by the LEA. When the parent asks for an IEE, the LEA must give the parent its evaluation criteria and where to get an IEE. The criteria must include the qualifications of the examiner and the location of the evaluation.
The IEE must meet the same criteria the LEA uses for its own evaluations. The LEA does not have to pay for the IEE if it can show at a due process hearing that the LEA's evaluation is appropriate or if it can show that the IEE does not meet the LEA's criteria. The parent always has the right to get an IEE at the parent's expense. Regardless of who pays for it, the ARD committee must consider any IEE that meets its criteria. |
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Individualized Education Program (IEP) |
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A written statement for each child with a disability that is developed, reviewed and revised by the ARD committee, of which parents are active members. The IEP includes the student's present levels of academic achievement and functional performance, participation in State and district-wide assessments, transition services, annual goals, special factors, special education, related services, supplementary aids and services, extended school year services, and least restrictive environment. |
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Least Restrictive Environment (LRE) |
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To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. |
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Local Educational Agency (LEA) |
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A public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools. |
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Mediation |
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One of the available options used for resolving disagreements about a child's identification, evaluation, educational placement and the provision of a free appropriate public education (FAPE). Mediation is voluntary. If both the parent and LEA agree to participate the Texas Education Agency (TEA) provides a trained mediator to conduct the mediation. Mediation may not be used to delay or deny a parent a due process hearing or any other procedural safeguards. The TEA will automatically offer mediation services to the parent and LEA when a due process hearing is requested. |
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Native Language |
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When used with respect to an individual who is limited English proficient, means the language normally used by the individual or, in the case of a child, the language normally used by the parents of the child. |
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Notice of Procedural Safeguards |
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A written document containing a full explanation of the procedural safeguards, written in the native language of the parents (unless it clearly is not feasible to do so) and written in an easily understandable manner, available under the Individuals with Disabilities Education Act (IDEA) and under regulations promulgated by the Secretary of Education. A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents only 1 time a year, except that a copy also must be given to the parents upon initial referral or parental request for evaluation; upon the first occurrence of the filing of a due process hearing; and upon request by a parent. |
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Parent |
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A natural or adoptive parent, a foster parent who meets State requirements for serving as parent, a legal guardian (but not the State if the child is ward of the State), an individual acting in the place of a natural or adoptive parent with whom the child leaves, an individual who is legally responsible for the child's welfare, or an individual assigned to be a surrogate parent. |
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Placement |
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The educational program, and not the particular institution, where that program is being implemented. Instructional arrangements/settings must be based on the individual needs and individualized education program (IEP) of an eligible child receiving special education services. |
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Present Levels |
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A statement in the individualized education program (IEP) of the child's present levels of academic achievement and functional performance, including how the child's disability affects the child's involvement and progress in the general education curriculum; for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; and for children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives. The statement must include the strengths of the child; the concerns of the parents for enhancing the education of their child; the results of the initial evaluation or most recent evaluation of the child; and the academic, developmental, and functional needs of the child. |
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Procedural Safeguards |
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A document that explains your legal rights under
state law and the IDEA to be involved in and make decisions about your child's
education. The document is often referred to as the "Notice of Procedural
Safeguards" or "Procedural Safeguards Notice," because its purpose is to notify
you of your legal rights. The Procedural Safeguards must be provided to you, at
a minimum, when your child is initially referred for evaluation, each time you
are notified of an ARD committee meeting, when your child is to be reevaluated,
and any time you file a request for a due process hearing. |
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Prior Written Notice |
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Must be given to the parents of the child whenever
the local educational agency (LEA) proposes to initiate or change; or refuses
to initiate or change, the identification, evaluation, or educational placement
of the child, or the provision of a free appropriate public education (FAPE) to
the child. Texas defines a reasonable time for providing such notice as five
(5) school days. |
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Reevaluation |
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Must be conducted if the local educational agency (LEA) determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or if the child's parents or teacher requests a reevaluation. It must occur not more frequently than once a year, unless the parent and the LEA agree otherwise; and at least once every 3 years, unless the parent and the local educational agency (LEA) agree that a reevaluation is unnecessary. |
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Referral |
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Referral of children for a full and individual initial evaluation for possible special education services must be a part of the local educational agency's (LEA's) overall, general education referral or screening system. Prior to referral, children experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial, remedial, compensatory, and other services. If the child continues to experience difficulty in the general classroom after the provision of interventions, LEA personnel must refer the child for a full and individual initial evaluation. This referral for a full and individual initial evaluation may be initiated by school personnel, the child's parents or legal guardian, or another person involved in the education or care of the student. |
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Related Services |
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Transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children. The term does not include a medical device that is surgically implanted, or the replacement of such device. |
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Short-Term Objectives/Benchmarks |
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A statement in the individualized education program
(IEP) of the child's present levels of academic achievement and functional
performance, including for children with disabilities who take alternate
assessments aligned to alternate achievement standards (locally developed
alternate assessment or below-grade level state developed alternate
assessment), a description of benchmarks or short-term objectives |
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Special Education |
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Specially designed instruction, at no cost to
parents, to meet the unique needs of a child with a disability, including
instruction conducted in the classroom, in the home, in hospitals and
institutions, and in other settings; and instruction in physical education. |
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State Assessment |
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In general, all children with disabilities are
included in all State assessment programs with appropriate accommodations and
alternate assessments where necessary and as indicated in their respective
IEPs. All special education students for whom Texas Assessment Knowledge and
Skills (TAKS) is an appropriate measure of their academic achievement will take
TAKS; students in Grades 3-10 who are being instructed in the state-mandated
curriculum in an area tested by TAKS, but for whom TAKS is not an appropriate
measure of academic progress, even with allowable accommodations, will
participate in the State-Developed Alternative Assessment II (SDAA II); and
students who are not being instructed in the state curriculum at any grade
level in an area tested by TAKS will be exempted from TAKS and from SDAA II and
must take a locally developed alternate assessment (LDAA) as determined
appropriate by the ARD committee. |
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Supplementary Aids and Services |
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Aids, services, and other supports that are provided
in regular education classes or other education-related settings to enable
children with disabilities to be educated with non-disabled children to the
maximum extent appropriate. |
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Surrogate Parent |
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The LEA must assign an individual to act as a
surrogate for the parents, to ensure the rights of a child with a disability
are protected, whenever the parents are not known; the local educational agency
(LEA) cannot, after reasonable efforts, locate the parents; or the child is a
ward of the State. The surrogate parent must not be an employee of the State
educational agency (SEA), the LEA, or any other agency that is involved in the
education or care of the child. In the case of an unaccompanied homeless youth
as defined in Section 725(6) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a(6), the LEA must appoint a surrogate parent. The LEA must make
reasonable efforts to ensure the assignment of a surrogate parent not more than
30 days after there is a determination that the child needs a surrogate parent.
An individual assigned to act as a surrogate must complete a training program
within 90 calendar days after being initially assigned as a surrogate. |
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Texas Education Agency (TEA) |
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The state department of education or state educational agency (SEA), which is responsible for the public education of all students in Texas. The Texas Education Agency works with local school districts to ensure that all public education laws, rules, and regulations are followed. |
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Texas Essential Knowledge and Skills (TEKS) |
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The required curriculum for each grade level used in the Texas public schools. It is the general curriculum referred to in the Individuals with Disabilities Education Act (IDEA). The Texas Education Agency (TEA) website at http://www.tea.state.tx.us/teks/ has the TEKS available. |
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Transition Services |
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A coordinated set of activities for a child with a disability that is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. |
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Ward of the State |
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A child who, as determined by the State where the child resides, is a foster child, is a ward of the State, or is in the custody of a public child welfare agency. The term does not include a foster child who has a foster parent who meets the definition of a parent. |
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