The Legal Framework for the Child-Centered Special Education Process

 
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SUPPLEMENTARY AIDS AND SERVICES, SPECIAL EDUCATION, RELATED SERVICES  
 
Authorities: 20 U.S.C. §§ 1401, 1414; 34 C.F.R. Part 300; Texas Education Code; 19 T.A.C. Chapter 89; Fifth Circuit Federal Court of Appeals
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS

P

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

300.320(a)(4)
1414(d)(1)(A)(i)(IV)


SUPPLEMENTARY AIDS AND SERVICES


D

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:

300.320(a)(4)
89.1050(a)(1)
1414(d)(1)(A)(i)(IV)


P
  • 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.
300.42
1401(33)


SPECIAL EDUCATION


D

The ARD committee must determine needed special education services:

300.320(a)(4)
89.1050(a)(1)
1414(d)(1)(A)(i)(IV)


P
  • The term "special education" means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability.
300.39(a)
1401(29)


RELATED SERVICES


D

The ARD committee must determine needed related services:

300.320(a)(4)
89.1050(a)(1)
1414(d)(1)(A)(i)(IV)


P
  • 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.
300.34(a)
300.34(b)
1401(26)


PROGRAM MODIFICATIONS AND SUPPORTS FOR SCHOOL PERSONNEL


D

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

300.320(a)(4)
89.1050(a)(1)
1414(d)(1)(A)(i)(IV)


P
  • To enable the child to advance appropriately toward attaining the annual goals;
300.320(a)(4)(i)
1414(d)(1)(A)(i)(IV)


P
  • 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:
300.320(a)(4)(ii)
300.117
300.107
1414(d)(1)(A)(i)(IV)


P
    • Meals;
300.117


P
    • Recess periods;
300.117


P
    • Counseling services;
300.117
300.107(b)


P
    • Athletics;
300.117
300.107(b)


P
    • Transportation;
300.117
300.107(b)


P
    • Health services;
300.117
300.107(b)


P
    • Recreational activities;
300.117
300.107(b)


P
    • Special interest groups or clubs sponsored by the local educational agency (LEA);
300.117
300.107(b)


P
    • Referrals to other agencies;
300.117
300.107(b)


P
    • Employment of children, including both employment by the LEA and assistance in making outside employment available; and
300.117
300.107(b)


P
  • To enable the child to be educated and participate with other children with disabilities and nondisabled children.
300.320(a)(4)(iii)
1414(d)(4)(A)(ii)(V)


INTENSIVE PROGRAM OF INSTRUCTION


P
For a child who did not perform satisfactorily on the Texas Assessment of Knowledge and Skills (TAKS), the TAKS (Accommodated), TAKS-Modified (TAKS-M), and the TAKS-Alternate (TAKS-Alt): TEC 28.0213(a)
TEC 28.0213(e)


D
  • The ARD committee must design the intensive program of instruction:
89.1050(a)(10)
TEC 28.0213(e)


P
    • To enable the child to attain a standard of annual growth on the basis of the child's individualized education program (IEP); and
TEC 28.0213(e)(1)


P
TEC 28.0213(e)(2)
TEC 28.0211


D

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:

TEC 28.0213(a)
TEC 28.0213(e)


D
  • The ARD committee must design the intensive program of instruction:
89.1050(a)(10)
TEC 28.0213(e)


P
    • To enable the child to attain a standard of annual growth on the basis of the child's IEP; and
TEC 28.0213(e)(1)


P
TEC 28.0213(e)(2)
TEC 28.0211


ACCELERATED INSTRUCTION UNDER THE TEXAS READING INITIATIVE


P

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:

TEC 28.006(a)(1)
TEC 28.006(c)


D
  • The ARD committee must determine the manner in which the child will participate in an accelerated reading instruction program.
89.1050(a)(7)
TEC 28.006(g)


STUDENT SUCCESS INITIATIVE




P

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:

TEC 28.0211(a)(1)
TEC 28.0211(c)


D
  • 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
89.1050(a)(8)
TEC 28.0211(c)
TEC 28.0211(i)(1)


D
  • After the third attempt, the ARD committee must determine whether the child will be promoted or retained.
89.1050(a)(8)
TEC 28.0211(a)(1)
TEC 28.0211(i)(2)


P
For a child in the fifth grade, each time the child fails to perform satisfactorily on the reading or mathematics assessment of the TAKS, TAKS (Accommodated), TAKS-M, or TAKS-Alt: TEC 28.0211(a)(2)
TEC 28.0211(c)


D
  • 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
89.1050(a)(8)
TEC 28.0211(c)
TEC 28.0211(i)(1)


D
  • After the third attempt, the ARD committee must determine whether the child will be promoted or retained.
89.1050(a)(8)
TEC 28.0211(a)(2)
TEC 28.0211(i)(2)


P
For a child in the eighth grade, each time the child fails to perform satisfactorily on the reading or mathematical assessment of the TAKS, TAKS (Accommodated), TAKS-M, or TAKS-Alt: TEC 28.0211(c)


D
  • 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
89.1050(a)(8)
TEC 28.0211(c)
TEC 28.0211(i)(1)


D
  • After the third attempt, the ARD committee must determine whether the child will be promoted or retained.
89.1050(a)(8)
TEC 28.0211(i)(2)


INITIATION, FREQUENCY AND DURATION




P
The ARD committee must provide: 300.320(a)(7)
89.1050(a)(1)
1414(d)(1)(A)(i)(VII)


D
  • The projected date for the beginning of the services and modifications;
300.320(a)(7)
1414(d)(1)(A)(i)(VII)


D
  • The anticipated frequency of those services and modifications; and
300.320(a)(7)
1414(d)(1)(A)(i)(VII)


D
  • The anticipated duration of those services and modifications.
300.320(a)(7)
1414(d)(1)(A)(i)(VII)


LOCATION


D

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

300.320(a)(7)
89.1050(a)(1)
89.63(c)
1414(d)(1)(A)(i)(VII)


P
  • Except that these provisions do not explicitly require parental participation in selection of campus location;
White v. Ascension Parish School Board (5th Cir. 2003)


P
  • 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;
White v. Ascension Parish School Board (5th Cir. 2003)


P
  • The campus location must be as close as possible to the child's home;
300.116(b)(3)


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


P
  • The provision that requires the IEP to specify the location is primarily administrative.
White v. Ascension Parish School Board (5th Cir. 2003)


P
If, for the purpose of receiving special education services, the LEA assigns a child to a campus location other than the campus location the child would attend based on the child's residence: TEC 25.0343(a)


P
  • 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:
TEC 25.034
TEC 25.0343(a)
TEC 25.0343(c)


P
    • The other child is entitled to attend school in the LEA;
TEC 25.0343(a)(1)


P
    • The appropriate grade level for the other student is offered at the campus;
TEC 25.0343(a)(2)


P
    • The child receiving special education services does not reside in a residential facility; and
TEC 25.0343(d)


P
    • 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).
TEC 25.0343(b)


P

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

89.61(a)(4)


P
  • The ARD committee must document the appropriateness of the particular residential facility selected by the LEA including:
89.61(a)(4)


D
    • The appropriateness of the facility for the individual child;
89.61(a)(4)(D)


D
    • That the facility meets minimum standards for health and safety;
89.61(a)(4)(F)


D
    • That the educational program provided at the residential facility is appropriate; and
89.61(a)(4)(F)


P
  • 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.
89.61(a)(4)(E)

 
 
Last Updated: Tuesday, June 02, 2009
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