Authorities: 20 U.S.C. §§ 1401, 1414; 34 C.F.R. Part 300; Texas Education Code; 19 T.A.C. Chapter 89; Texas School for the Blind and Visually Impaired brochure; Texas School for the Deaf brochure
In the case of a child whose behavior impedes the child's learning or that of others, the admission, review and dismissal (ARD) committee must consider:
For identification of a child with a disability as LEP and before entry into a bilingual education or English as a second language (ESL) program, the ARD committee in conjunction with the language proficiency assessment committee (LPAC) must:
Review all pertinent information including the results of the appropriate assessment instrument identified in accordance with the STATE AND DISTRICTWIDE ASSESSMENTS framework for indicating LEP;
Designate the language proficiency level of the child and determine whether the child has met the score criteria determined in accordance with STATE AND DISTRICTWIDE ASSESSMENTS for identification of the child as LEP;
Designate the level of academic achievement of the child and determine whether the child has met the grade level determined in accordance with STATE AND DISTRICTWIDE ASSESSMENTS for identification of the child as LEP;
Designate, subject to parental approval, the initial instructional placement of the LEP child who is a child with a disability in a bilingual or ESL program; and
Facilitate the participation of the LEP child who is a child with a disability in other special programs for which the child is eligible provided by the LEA with either State or federal funds.
The child may be exited from a bilingual education or ESL program at the end of the school year in which the child received special language services from a bilingual education or ESL program.
Review the results of the appropriate assessment instrument identified in accordance with the STATE AND DISTRICTWIDE ASSESSMENTS framework for exit of a child from a bilingual or ESL program;
Determine that the child has met the performance standard established in accordance with STATE AND DISTRICTWIDE ASSESSMENTS for exit of the child from a bilingual or ESL program; and
Determine that the child will be able to participate equally in an all-English, instructional program that does not provide special language services from the bilingual education or ESL program.
In the case of a child who is blind or visually impaired, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), the ARD committee must:
Provide for reading and writing instruction in Braille and the use of Braille that is sufficient to enable the child to communicate with the same level of proficiency as other children of comparable ability who are at the same grade; or
Provide a detailed description of the arrangements made to provide the child with orientation and mobility training, instruction in Braille or use of large print, other training to compensate for serious visual loss, access to special media and special tools, appliances, aids, or devices commonly used by individuals with serious visual impairments;
Set forth the plans and arrangements made for contacts with and continuing services to the child beyond regular school hours to ensure the child learns the skills and receives the training specified above;
Indicate that the child has been provided a detailed explanation of the various service resources available in the community and throughout the State; and
Each person assisting in the development of the IEP for a child who is functionally blind must receive information describing the benefits of Braille instruction.
Before placing a child with a visual impairment in a classroom setting, or within a reasonable period of time after placement (as required for the child to succeed in classroom settings and derive lasting, practical benefits from the education in the local educational agency [LEA]), the ARD committee must:
The term "assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability.
The term “assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device.
Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
Training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child.
In the case of a child with autism, the strategies below must be considered by the ARD committee, based on peer-reviewed research-based educational programming practices to the extent practicable.
If the ARD committee determines that services are not needed in one or more of the strategy areas specified below, the ARD/IEP must include a statement to that effect and the basis upon which the determination was made.
For example, antecedent manipulation, replacement behaviors, reinforcement strategies, and data-based decisions; and a behavior intervention plan (BIP) developed from a functional behavioral assessment (FBA) that uses current data related to target behaviors and addresses behavioral programming across home, school, and community-based settings;
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;
Suitable staff-to-child ratio appropriate to identified activities and as needed to achieve social/behavioral progress based on the child's developmental and learning level (acquisition, fluency, maintenance, generalization) that encourages work towards individual independence:
As determined by, for example, adaptive behavior evaluation results; behavioral accommodation needs across settings; and transitions within the school day;
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;
For example, extended day and/or extended school year services that consider the duration of programs/settings based on assessment of behavior, social skills, communication, academics, and self-help skills;
For example, those associated with discrete-trial training; visual supports, applied behavior analysis, structured learning, augmentative communication, or social skills training;
Beginning at any age, consistent with TRANSITION SERVICES, futures planning for integrated living, work, community, and educational environments that considers skills necessary to function in current and post-secondary environments;
For example, parent support groups, workshops, videos, conferences, and materials designed to increase parent knowledge of specific teaching/management techniques related to the child's curriculum;
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; and
For example, training provided to personnel who work with the child to assure the correct implementation of techniques and strategies described in the IEP.