Supplementary aids and services, special education, and related services must be based on peer-reviewed research to the extent practicable.

The admission, review and dismissal (ARD) committee must determine needed supplementary aids and services to be provided to the child, or on behalf of the child:

• The term "supplementary aids and services" means aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate.

The ARD committee must determine needed special education services:

• The term "special education" means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability.

The ARD committee must determine needed related services:

• The term "related services" means transportation, and such developmental, corrective, and other supportive services as may be required to assist a child with a disability to benefit from special education.

The ARD committee must determine needed program modifications or supports for school personnel that will be provided to the child:

• To enable the child to advance appropriately toward attaining the annual goals;

• To enable the child to be involved in and make progress in the general education curriculum, and be afforded an equal opportunity to participate in extracurricular and other nonacademic activities including, to the maximum extent appropriate, in nonacademic settings and services such as:

• Meals;

• Recess periods;

• Counseling services;

• Athletics;

• Transportation;

• Health services;

• Recreational activities;

• Special interest groups or clubs sponsored by the local educational agency (LEA);

• Referrals to other agencies;

• Employment of children, including both employment by the LEA and assistance in making outside employment available; and

• To enable the child to be educated and participate with other children with disabilities and nondisabled children.

• The ARD committee must design the intensive program of instruction:

• To enable the child to attain a standard of annual growth on the basis of the child's individualized education program (IEP); and

• If applicable, to carry out the purposes of the STUDENT SUCCESS INITIATIVE.

For a child who did not perform satisfactorily on an end-of-course assessment instrument for secondary-level courses in Algebra I, Algebra II, geometry, biology, chemistry, physics, English I, English II, English IIII, world geography, world history or United States history:

• The ARD committee must design the intensive program of instruction:

• To enable the child to attain a standard of annual growth on the basis of the child's IEP; and

• If applicable, to carry out the purposes of the STUDENT SUCCESS INITIATIVE.

For children in kindergarten, first and second grade who do not perform satisfactorily on an early reading assessment administered as part of the Texas Reading Initiative:

• The ARD committee must determine the manner in which the child will participate in an accelerated reading instruction program.

STUDENT SUCCESS INITIATIVE

For a child in the third grade, each time the child fails to perform satisfactorily on the reading assessment of the TAKS, TAKS (Accommodated), TAKS-M or TAKS-Alt:

• The ARD committee must determine the manner in which the child will participate in accelerated instruction in the applicable subject area, including reading instruction for a child who fails to perform satisfactorily on a reading assessment instrument; and

• After the third attempt, the ARD committee must determine whether the child will be promoted or retained.

• The ARD committee must determine the manner in which the child will participate in accelerated instruction in the applicable subject area, including reading instruction for a child who fails to perform satisfactorily on a reading assessment instrument; and

• After the third attempt, the ARD committee must determine whether the child will be promoted or retained.

• The ARD committee must determine the manner in which the child will participate in accelerated instruction in the applicable subject area, including reading instruction for a child who fails to perform satisfactorily on a reading assessment instrument; and

• After the third attempt, the ARD committee must determine whether the child will be promoted or retained.

INITIATION, FREQUENCY AND DURATION

• The projected date for the beginning of the services and modifications;

• The anticipated frequency of those services and modifications; and

• The anticipated duration of those services and modifications.

The ARD committee must determine the anticipated location of those services and modifications:

• Except that these provisions do not explicitly require parental participation in selection of campus location;

• The requirement that parents be involved in determining "educational placement" according to the LEAST RESTRICTIVE ENVIRONMENT framework does not necessarily mean they must be involved in the selection of campus location;

• The campus location must be as close as possible to the child's home;

• Unless the IEP requires some other arrangement, the child is educated at the campus location that he or she would attend if nondisabled; and

• The provision that requires the IEP to specify the location is primarily administrative.

• The LEA must permit the child's parent, guardian, or other person standing in parental relation to the child to obtain a transfer to the assigned campus for any other child residing in the household of the child receiving special education services, provided that:

• The other child is entitled to attend school in the LEA;

• The appropriate grade level for the other student is offered at the campus;

• The child receiving special education services does not reside in a residential facility; and

• The LEA is not required to provide transportation to the other child who  transfers to another campus location under this section (however, this does not affect any transportation services provided by the LEA in accordance with other laws for the child receiving special education services).

If the ARD committee has determined that a residential facility is the LEAST RESTRICTIVE ENVIRONMENT:

• The ARD committee must document the appropriateness of the particular residential facility selected by the LEA including:
  

• The appropriateness of the facility for the individual child;

• That the facility meets minimum standards for health and safety;

• That the educational program provided at the residential facility is appropriate; and

• The LEA must make an initial and an annual on-site visit to verify that the residential facility can, and will, provide the services listed in the child's IEP which the facility has agreed to provide to the child.