La estructura legal Del La estructura legal Del proceso de Educación Especial Centrado-Niño

 
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SPECIAL FACTORS  
 
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   
 
 
 
Requisitos Federales y Estatales Citas

BEHAVIOR


D
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: 300.324(a)(2)(i)
1414(d)(3)(B)(i)


D
  • The use of positive behavioral interventions and supports; and
300.324(a)(2)(i)
1414(d)(3)(B)(i)


D
  • Other strategies to address that behavior.
300.324(a)(2)(i)
1414(d)(3)(B)(i)


P

When considering the use of time-out, see RESTRAINT AND TIME-OUT framework.




COMMUNICATION




D
The ARD committee must consider the communication needs of the child. 300.324(a)(2)(iv)
1414(d)(3)(B)(iv)


LIMITED ENGLISH PROFICIENCY (LEP)




D
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: 89.1220(g)
89.1225(f)(4)


D
  • 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;
89.1225(f)(4)


D
  • 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;
89.1220(g)(1)
89.1225(f)(4)


D
  • 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;
89.1220(g)(2)
89.1225(f)(4)


D
  • 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
89.1210(b)
89.1210(d)
89.1220(g)(3)
89.1225(f)(4)


P
  • 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.
89.1220(g)(4)
89.1225(f)(4)


D
In the case of a child identified as LEP, the ARD committee must: 300.324(a)(2)(ii)
1414(d)(3)(B)(ii)


D
  • Consider the language needs of the child as such needs relate to the child's individualized education program (IEP).
300.324(a)(2)(ii)
1414(d)(3)(B)(ii)


P
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.
 
89.1225(h)
89.1225(k)


D
To exit a child with a disability from a bilingual education or ESL program, the ARD committee in conjunction with the LPAC committee must: 89.1225(h)
89.1225(k)


D
  • 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;
89.1225(h)
89.1225(k)


D
  • 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
89.1225(h)
89.1225(k)


D
  • 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.
89.1225(h)
89.1225(k)


DEAF OR HARD OF HEARING




D
In the case of a child who is deaf or hard of hearing, the ARD committee must consider the child's: 300.324(a)(2)(iv)
1414(d)(3)(B)(iv)


D
  • Language and communication needs;
300.324(a)(2)(iv)
TEC 29.303
1414(d)(3)(B)(iv)


D
  • Opportunities for direct communications with peers and professional personnel in the child's language and communication mode;
300.324(a)(2)(iv)
TEC 29.303
1414(d)(3)(B)(iv)


D
  • Academic level; and
300.324(a)(2)(iv)
1414(d)(3)(B)(iv)


D
  • Full range of needs, including opportunities for direct instruction in the child's language and communication mode.
300.324(a)(2)(iv)
TEC 29.303
1414(d)(3)(B)(iv)


D

The ARD committee must provide each parent with the State-adopted form that contains written information about programs offered by State institutions. 

TEC 30.004
TSD Brochure


BLIND OR VISUALLY IMPAIRED




P

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:

300.324(a)(2)(iii)
89.1055(d)
TEC 30.002(e)
1414(d)(3)(B)(iii)


P
  • Either:
300.324(a)(2)(iii)
89.1055(d)
1414(d)(3)(B)(iii)


D
    • 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
300.324(a)(2)(iii)
89.1055(d)
1414(d)(3)(B)(iii)


D
    • Determine that instruction in Braille or the use of Braille is not appropriate;
300.324(a)(2)(iii)
89.1055(d)
1414(d)(3)(B)(iii)


D
  • 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;
89.1055(d)
TEC 30.002(e)(4)


D
  • 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;
89.1055(d)
TEC 30.002(e)(5)


D
  • For a child who is functionally blind, specify the appropriate learning medium based on the assessment;
89.1055(d)
TEC 30.002(f)


D
  • Indicate that the child has been provided a detailed explanation of the various service resources available in the community and throughout the State; and
89.1055(d)
TEC 30.002(e)(3)


D
  • Provide each parent with the state-adopted form that contains written information about programs offered by state institutions.
TEC 30.004
TSBVI Brochure


P
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. 89.1055(d)
TEC 30.002(f)


P

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:

89.1055(d)
TEC 30.002(c)(4)


D
  • Provide for training in compensatory skills;
89.1055(d)
TEC 30.002(c)(4)


D
  • Provide for training in communicative skills;
89.1055(d)
TEC 30.002(c)(4)


D
  • Provide for training in orientation and mobility;
89.1055(d)
TEC 30.002(c)(4)


D
  • Provide for training in social adjustment; and
89.1055(d)
TEC 30.002(c)(4)


D
  • Provide for vocational or career counseling.
89.1055(d)
TEC 30.002(c)(4)


ASSISTIVE TECHNOLOGY




D
The ARD committee must consider whether the child needs assistive technology devices. 300.324(a)(2)(v)
1414(d)(3)(B)(v)


P
  • 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.
300.5
1401(1)(A)


P
  • The term does not include a medical device that is surgically implanted, or the replacement of such device.
300.5
1401(1)(B)


D
The ARD committee must consider whether the child needs assistive technology services. 300.324(a)(2)(v)
1414(d)(3)(B)(v)


P
  • 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.
300.6
1401(2)


P
  •  Such term includes:
300.6
1401(2)


P
    • The evaluation of the needs of such child, including a functional evaluation of the child in the child's customary environment;

300.6(a)
1401(2)(A)


P
    • Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child;

300.6(b)
1401(2)(B)


P
    • Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

300.6(c)
1401(2)(C)


P
    • Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

300.6(d)
1401(2)(D)


P
    • Training or technical assistance for such child, or, where appropriate, the family of such child; and
300.6(e)
1401(2)(E)


P
    • 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.
300.6(f)
1401(2)(F)


AUTISM




P

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.

300.320(a)(4)
89.1055(e)
1414(d)(1)(A)(i)(IV)


D
When needed, the ARD committee must address the strategies below in the IEP. 89.1055(e)


D
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. 89.1055(e)
89.1055(f)


P

The strategies to be addressed are as follows:

89.1055(e)


D
  • Social skills supports and strategies based on social skills assessment/curriculum and provided across settings:
89.1055(e)(9)


P
    • For example, trained peer facilitators (e.g., circle of friends), video modeling, social stories, and role playing;
89.1055(e)(9)


D
  • Positive behavior support strategies based on relevant information:
89.1055(e)(4)


P
    • 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;
89.1055(e)(4)


D
  • In-home and community-based training or viable alternatives that assist the child with acquisition of social/behavioral skills:
89.1055(e)(3)


P
    • 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;
89.1055(e)(3)


D
  • 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:
89.1055(e)(7)


P
    • As determined by, for example, adaptive behavior evaluation results; behavioral accommodation needs across settings; and transitions within the school day;
89.1055(e)(7)


D
  • Daily schedules reflecting minimal unstructured time and active engagement in learning activities:
89.1055(e)(2)


P
    • 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;
89.1055(e)(2)


D
  • Communication interventions, including language forms and functions that enhance effective communication across settings:
89.1055(e)(8)


P
    • For example, augmentative, incidental, and naturalistic teaching;
89.1055(e)(8)


D
  • Extended educational programming:
89.1055(e)(1)


P
    • 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;
89.1055(e)(1)


D
  • Teaching strategies based on peer reviewed research-based practices for children with autism spectrum disorder:
89.1055(e)(11)


P
    • For example, those associated with discrete-trial training; visual supports, applied behavior analysis, structured learning, augmentative communication, or social skills training;
89.1055(e)(11)


D
  • 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;
89.1055(e)(5)
89.1055(g)


D
  • Parent/family training and support, provided by qualified personnel with experience in autism spectrum disorders:
89.1055(e)(6)


P
    • That for example, provides a family with skills necessary for a child to succeed in the home/community setting;
89.1055(e)(6)(A)


P
    • That for example, includes information regarding resources: 
89.1055(e)(6)(B)


P
      • 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;
89.1055(e)(6)(B)


P
    • That for example, facilitates parental carryover of in-home training:
89.1055(e)(6)(C)


P
      • 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
89.1055(e)(6)(C)


D
  • Professional educator/staff support:
89.1055(e)(10)


P
    • For example, training provided to personnel who work with the child to assure the correct implementation of techniques and strategies described in the IEP.
89.1055(e)(10)

 
 
Ultima Vez actualizada: Monday, June 09, 2008
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