The IEP for each student with a disability must include a statement of the special education and related services and supplementary aids and services to be provided to the student and a statement of the program modifications or supports for school personnel that will be provided to enable the student –
to advance appropriately toward attaining the annual goals,
to be involved in and make progress in the general education curriculum,
to participate in extracurricular and other nonacademic activities; and
to be educated and participate with other children with disabilities and nondisabled children.
Nonacademic and extracurricular services and activities may include:
Meals
Recess periods
Counseling services
Athletics
Transportation
Health Services
Recreational activities
District Special interest groups or clubs
Referrals to other agencies that provide assistance to individuals with disabilities
Employment of students, including both employment by the District and assistance in making outside employment available
In developing a student’s IEP, the ARD Committee will include a schedule of all special education services, supplementary aids and services, related services, and modifications a student will receive, including the projected start date, anticipated frequency, and anticipated duration of those services. Students with disabilities will have available an instructional day commensurate with that of students without disabilities, as appropriate, which will be determined by the ARD Committee and specified in the student’s IEP.
The ARD Committee must determine and include in the student’s IEP the expected location of where the student will receive services and modifications. If the District assigns the student to a different campus other than where the student is zoned to attend based on residence, the District must allow any other student who is residing in the student’s home to transfer to the school if the other student(s) is entitled to attend school in the District and the school offers the appropriate grade level for the other student(s) at the campus. The District is not required to transport the other student(s) who is permitted to transfer unless the other student(s) is entitled to transportation as a related service. The transfer right does not apply to the other student(s) if the special education student attends a residential facility.
Supplementary aids and services are aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable the student with a disability to be educated with nondisabled students to the maximum extent appropriate. The ARD Committee must determine the necessary supplementary aides and services to be provided to or on behalf of a student who is eligible to receive special education services.
Special education is specially-designed instruction, at no cost to parents, to meet the unique needs of the student with a disability. The ARD Committee must determine needed special education services that meet the unique needs of the student with a disability.
The ARD Committee determines what related services a student with a disability needs. Related services are an array of developmental, corrective, and other supportive services as may be required to assist the student with a disability to benefit from special education. Related services include, but are not limited to assistive technology, audiology services, counseling services, interpreting services, medical services, music therapy, occupational therapy, orientation and mobility services, parent counseling and training, physical therapy, psychological services, recreation, rehabilitation counseling services, school health services, social work services in school, speech-language therapy, and transportation.
For example, audiology services are a related service. The ARD Committee or Section 504 committee may determine that a student is eligible to receive audiology services pursuant to the Health and Human Services Commission if the student is:
20 years of age or younger;
Has a disability or chronic medical condition;
Is eligible for Medicaid benefits; and
Has been prescribed the services under the student’s Individualized Education Program (IEP) or a plan created under Section 504.
See [FUNDING FOR NONEDUCATIONAL SERVICES].
Transportation is a related service and extends to transporting students who are residentially placed by the District. If an ARD Committee places a student at a residential school, the District, which is the resident school district, is required to transport the student, throughout the student’s entire term at the residential campus, including regularly scheduled holidays when the student is expected to leave the residential campus. If the ARD Committee determines that the student requires an accompanied adult for safety measures, the committee must designate an adult who will be with the student during the round-trip transportation. The District is not responsible for transportation costs for students who are placed in a residential setting by their parents rather than by the ARD Committee.
Training to Implement the IEP
For those employees who work primarily outside of special education and who do not possess the knowledge and skills necessary to implement the student’s IEP, the District will train such staff at a time and place designated by the District. Such training will be evidence-based and related to instruction of students with disabilities, including students with disabilities who also have other intellectual or mental health conditions and will be designed specifically for educators who work outside of special education. In developing the training, the District will consult with experts in research-based practices for students with disabilities who may be associated with outside entities (e.g. colleges, universities, nonprofit organizations, and regional education services in Texas) as well as those employed by the District.
Intensive Program of Instruction
The ARD Committee must design an intensive program of instruction for students who do not perform satisfactorily on a state assessment or who are not likely to receive a high school diploma before the fifth year following the student’s enrollment in grade 9. See [STATE AND DISTRICTWIDE ASSESSMENTS].
The purpose of intensive program of instruction designed by the ARD Committee is to ensure students attain annual growth on the basis of the student’s IEP and to carry out the Student Success Initiative (SSI) purpose described further below.
Accelerated Reading Instruction
The District will administer a state or District-adopted reading instrument to determine students’ reading development and comprehension. Such reading instruments also evaluate a student’s risk for dyslexia or other reading difficulties. See [DYSLEXIA]. If the evaluation results reveal a reading deficiency, the District will notify the student’s parent of the results and will implement an accelerated reading instruction program to help the student progress in his or her reading skills.
For special education students in kindergarten or grades 1 and 2 who do not perform satisfactorily on the state or District-adopted list of reading instruments, the ARD Committee must determine how the student will participate in the accelerated instruction program.
Student Success Initiative for Children In Grades Three Through Eight
The ARD Committee must determine the manner in which the student will participate in an accelerated instruction program when required. For special education students in grades 5 or 8 who do not perform satisfactorily on the reading or math state assessment the first time, the ARD Committee must meet before the student will take the assessments for a second time. See [STATE AND DISTRICTWIDE ASSESSMENTS]. When meeting, the Committee must determine the manner in which the student will participate in the accelerated instruction and whether the student will be promoted or retained. In accordance with the SSI requirements, the ARD Committee can promote a special education student in grades 5 or 8 to the next grade if the ARD Committee determines that the student has made sufficient progress in measurable academic IEP goals. See [ANNUAL GOALS].
If the District promotes the student under the SSI, the District does not have to administer the state assessment to the student for a second time.
No later than September 1 of each school year, the District must notify the parent of the options the ARD Committee has as provided in the SSI.
Personal Graduation Plan in Junior High and Middle School
A graduation plan is required for students who do not perform satisfactorily on a state assessment (or who are likely not to receive a high school diploma before the fifth year following the student’s enrollment in grade 9. See [STATE AND DISTRICTWIDE ASSESSMENTS] and [PARENT NOTIFICATION AND PERSONAL GRADUATION PLAN].
A student’s IEP may be used as a graduation plan for students in junior high and middle school.
Accelerated and Supplemental Instruction
For any student who does not pass a state assessment, including EOC assessment, or students who are absent or otherwise to do not have valid assessment scores, accelerated instruction must be delivered by either assigning a classroom teacher who is certified master, exemplary, or recognized teacher, or delivering supplemental instruction before or after school, or embedded in the school day. Supplemental instruction must be TEKS-aligned and provided for no less than 30 hours for each subject area the student did not pass. Instruction must be delivered in a 1-on-1 or small group environment with no more than 3 students (or in a larger ratio with permission from all parents or guardians connected to students in the group). Where an ARD Committee determines that a high school student with disabilities is not required to pass EOC assessments to graduate, the District is still obligated to provide the student accelerated instruction if the student fails to perform satisfactorily.
The District will establish an Accelerated Learning Committee for each student in Grades 3, 5, and 8 who did not perform satisfactorily on the state assessment for math or reading. District or Campus Personnel shall notify the parent of the time and purpose of these meetings. At a minimum, the ALC must include the student’s Principal or designee, the parent, and a teacher of the relevant subject. The ALC must develop an educational plan that is in writing and provide a copy of the plan to the parent. ARD Committees will act as the ALC for students with disabilities taking standard or alternate state assessments. For any student with disabilities in Grades 3, 5, or 8 who do not perform satisfactorily on the state assessment for math or reading, the ARD Committee must meet to determine the manner in which the student will participate in an accelerated instruction program. When an accelerated learning plan is required, the ARD Committee must consider the individual needs of the student and determine whether adjustments are appropriate to the accelerated learning plan. If supplemental instruction is required, it must be provided in accordance with requirements related to Accelerated Instruction and Accelerated Learning Committees for all students, unless the ARD Committee determines some or all supplemental instruction requirements would deny the student FAPE. The ARD Committee must document these decisions in the student’s IEP. If the ARD Committee serves as the ALC to develop a plan to address the student’s performance on the state assessment for math or reading, and the student does not perform satisfactorily in the subsequent year, the ARD Committee must meet with the Superintendent or designee to address the student’s performance, adjust the accelerated learning plan, and document the changes in the IEP.
The District must offer supplemental instruction to these students for not less than 15 or 30 hours, depending on student performance, for subject areas the student did not pass. The District will not provide supplemental instruction in more than two subject areas. In the event a student does not perform satisfactorily in more than two subject areas, the District will prioritize supplemental instruction in math and reading language arts if the student did not perform satisfactorily in both areas. The District may provide all required supplemental instruction to the student during the summer or no less than once a week during the school year. Instruction must be delivered in a small group environment with no more than four students per instructor (or in a larger ratio with permission from all parents or guardians connected to students in the group). The District may waive the accelerated instruction ratio requirements through the use of an approved automated supplemental instruction product from the HB 1416 Ratio Waiver List Products and adhering to all other requirements established by TEA.
In order to access the general education curriculum in the least restrictive environment, students with disabilities may require supplementary aids and services. Supplementary aids and services encompass a broad range of student supports, which include (but are not limited to):
Accommodations – changes to materials or procedures that enable students with disabilities to participate meaningfully in learning and assessments. Examples include shortened assignments, extended time given for completing assignments, or preferential seating. Accommodations do NOT change what the student is expected to master.
Modifications – changes in what the student is expected to learn that is different from his or her grade-level curriculum. Examples include reducing the expectations for an assignment or test or modifying the work to a prerequisite skill level compared to the curriculum (TEKS). Modifications DO change what the student is expected to master.
Assistive technology – items, devices or products that are used to increase, maintain, or improve the functional capabilities of a student with a disability.
Adapted equipment – examples include a footstool for a student whose feet do not comfortably reach the floor when sitting in a regular desk or wheelchair accessible playground equipment.
Adapted materials – examples include large-print textbooks, writing tablets with raised lines, or soft pencil grips to help with manual dexterity.
Communication aids – examples include sign language, interpreting services and assistive and augmentative communication devices.
Resource support – one-on-one or small group work in subject areas where the student needs re-teaching, tutoring or slower-paced instruction.
Paraprofessional support – sometimes called an “aide,” the paraprofessional provides instructional support under the direct supervision of a highly qualified teacher.
Collaborative teaching – the special education teacher acts as a co-teacher in the general education classroom (direct instruction) or as a “consultant” to the general education teacher (indirect instruction). Note: When the IEP calls for coordination between regular and special education teachers, parents should be clear on how responsibilities will be divided: who will be responsible for instruction, who will be responsible for modifications, and who will assign grades.
Staff development – this includes training and supports needed by the teacher in order to implement the student’s IEP.
Peer tutoring or assistance – natural supports in the classroom. Some students learn best through peer modeling and interactions, and this practice often initiates friendships between students with and without disabilities.
Like all special education services, supplementary aids and services are aids, services, are based on the individual needs of the student, not what the parent may want for the student. Supplementary aids and services are provided in addition to related services, although there can be some overlap between the two.
The ARD Committee will explore, recommend and document the appropriate supplementary aids and services that will support the student in the least restrictive environment. The time to discuss supplementary aids and services should be indicated on the ARD Agenda, following a review of evaluation data, the PLAAFP, and annual goals and objectives. Placement decisions should be made only after the ARD Committee reviews the supplementary aids and support the student will need in order to function in the least restrictive environment. The ARD Committee will also consider those supplementary aids and services as necessary to allow a student with a disability to participate in extracurricular and nonacademic settings with their peers without disabilities. When discussing supplementary aids and services, the ARD Committee should review the student’s entire school day and schedule, including playground activities, lunch, and extracurricular activities.
The unique needs of a student with a disability encompass more than mastering academic subjects. The student’s unique needs should be broadly construed to include academic, social, health, emotional, physical, and vocational needs. These needs will be addressed by the student’s ARD Committee.
The IDEA does not require a specific instructional methodology. The District, through decisions made by teachers and service providers, must provide the student an instructional methodology that enables the student to access a FAPE.
When a student needs the curriculum modified, the ARD Committee will develop goals and objectives that modify what the student will be taught and what the student is expected to learn. Modifications may include changes to assignment (answer different test questions, do projects instead of tests, complete different homework assignments) or to the curriculum, (learning different materials, being graded using different standards, being excused from projects, etc.).
At least annually, Campus and District Special Education Personnel will receive training in identifying needed special education services using evidence-based interventions.
For a student receiving special education services who requires accelerated instruction, the ARD Committee may convene to modify the student’s IEP based on the accelerated instruction requirements but is not required to do so. If the ARD Committee does not convene, Campus Personnel shall apply the same processes and procedures for a student with an IEP as it does with all other students to implement the accelerated instruction requirements. Campus Special Education Personnel will ensure that the student’s ARD Committee reviews and discusses the student’s progress in accelerated instruction during the next annual ARD Committee meeting for the student and document this discussion in the deliberations of the IEP. At least annually, the ARD Committee shall consider what, if any, supports the student needs in the event of an emergency situation. The committee should document identified needs in the IEP. Potential supports include use of a buddy system during drills or evacuations, as well as specific communication devices, mobility aids, medication management, respiratory equipment, etc. if removed to a setting outside of the school building. Any Campus Personnel who may be responsible for assisting the student in the event of an emergency must be aware of any necessary supports identified in the student’s IEP.
Related services are a support to the commitment that all students with disabilities have available to them a free appropriate public education with special education services designed to meet their specific needs. Some students may need related services to meet their individually designed special education goals. The need for related services is considered during the students ARD meeting in the review and discussion of the student’s evaluation and ongoing assessment data. An ARD Committee’s decisions regarding the need to related services to support educational goals must be clearly identified in the student’s IEP and must be determined on an individual basis.
In determining whether a particular related service should be provided, the ARD Committee will consider the evaluation and the recommendations of the related service provider who conducted the evaluation. When considering related services, the ARD Committee should be mindful that the IDEA does not include an exhaustive list of related services to be provided. Accordingly, an ARD Committee should consider a variety of services that may assist the student to benefit from special education.
However, the IDEA specifically excludes from related services a medical device that is surgically implanted (e.g. cochlear implant), the optimization of that device’s functioning (e.g. mapping), maintenance of that device, or the replacement of that device. This exclusion does not limit the right of a student with a surgically implanted device to receive related services that are determined by the ARD Committee to be necessary for the student to receive FAPE, limit the responsibility of the District to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the student, including breathing, nutrition, or operation of other bodily functions, while the student is transported to and from school or is at school; or prevent the routine checking of an external component of a surgically implanted device to make sure it’s functioning properly.
The following “best service” practices should be considered by the ARD Committee when making decisions regarding related services:
Related services are a collaborative, integrative service with a focus on early intervention to minimize deficits and diminish the need for services in later years.
Related Service Providers are members of the collaborative team, providing needed support to the student, teacher, and other team members.
Related service evaluations are conducted in natural environments during daily activities and focus on the barriers to learning and participation.
Related service IEP goals and objectives are expressed in terms of desired educational outcomes and all team members will implement (collaborative IEPs).
Related service delivery will be provided through a continuum of available options.
Related service intervention is provided in natural settings during daily routines as the problems are occurring. This allows the Related Service Provider to model strategies/solutions for Classroom Personnel.
Teachers are the foundation of the integrated model and will incorporate the suggestions of the related service providers throughout the school day.
When considering a related service, the Related Service Provider will conduct an evaluation and make recommendations about the need for the service and for service delivery. The evaluation will be in context of the FIE and will focus on accessing instruction. After considering the need for intensive intervention, the age and developmental level of the student, and the student’s effort, attitude, and motivation, the ARD Committee determines whether or not the student is eligible for the related service.
In addition to the evaluation and determination of need, the Related Service Provider will provide recommendations for services. Service delivery options include: monitoring; consultation; classroom based integrated services; pull out in an individual or group setting; community-based services; or a combination of these options. It is critical that the ARD Committee clarify the service delivery model as direct services (provided directly to the student by the service provider regardless of the setting) or indirect services/consultation (services provided to teachers or other staff, regardless of setting, to assist the student in accessing the curriculum). Recommendations will also include goals and objectives, and frequency, duration, and location of sessions.
At least annually, Campus and District Special Education Personnel will receive training in identifying needed related services and documenting and considering their effectiveness.
The ARD Committee should be knowledgeable of the various opportunities for a special education student to interact with the student’s nondisabled peers both in education-related settings and in extracurricular and nonacademic settings to determine if supports are necessary.
Although training on IEP implementation is only required for staff members who work primarily outside of special education, the District will provide training to staff who work with special education students. The District will solicit input from staff who work directly with students in determining the professional development and training opportunities that the District offers. This training will address how to identify needed supplementary aids and services and program modifications and how to document and consider their effectiveness. Additionally, this training will address show to identify needed supports for school personnel and how to document and consider their effectiveness.
The District Special Education Personnel should ensure that campuses have an intensive program of instruction for those students who are likely not to receive a high school diploma before the fifth school year following the student’s enrollment in grade 9.
Each campus should ensure that Special Education Personnel develop and implement an accelerated reading instruction for all special education students who have performed unsatisfactorily on the state assessments.
If a student is not making appropriate progress in light of the student’s unique circumstances, the ARD Committee should convene and reconsider the schedule of services. For example, the ARD Committee may consider increasing the amount of inclusion minutes or making the student’s placement more restrictive if the student is not progressing. Changes such as these will be reflected in the student’s IEP.
The ARD Committee can determine to place a student at a District campus other than the student’s zoned residential campus. The ARD Committee may make this decision if it believes another District campus can provide more appropriate supports for the student to access the general education curriculum. If an ARD Committee places a student in a campus other than the student’s zoned residential campus, the parent’s other children who reside at the home also have the right to attend the campus, if they are otherwise eligible to attend school in the District. The purpose of this transfer rights policy is to accommodate parents with multiple children in the District. Campus Administrators will be made aware of this transfer procedure and must not deny enrollment solely because the other student was not placed at the school by an ARD Committee.
The District will maintain documentation requirements of compliance associated with Texas Student Data System (TSDS), Public Education Information Management System (PEIMS), and State Performance Plan (SPP). District staff will provide training, with follow up, to ensure the documentation required is in place and compliant.
FIE
ARD/IEP
Referral Documentation
Teacher Input
Parent Input
Support Service Documentation
Related Service Provider Documentation
Session Notes
Progress Reports on Annual Goals
Report Card Grades
Benchmarking Testing
State Assessments
District-Wide Assessments
Campus Enrollment Documentation
Staff Training
Evidence of Accelerated Instruction Programs
ALC Educational Plans
Documentation for the state in TSDS, PEIMS, and SPP
Progress in the General Curriculum (PGC) Network – Region 20
Guidelines for Multihazard Emergency Operations – Texas Education Agency
Student Success Initiative – Texas Education Agency
Related Services for Students with Disabilities–Questions and Answers – Texas Education Agency
National Center on Intensive Intervention – OSEP Technical Assistance Center
Center for Parent Information and Resources – OSEP Technical Assistance Center
National Center on Accessible Educational Materials – OSEP Technical Assistance Center
OSERS Dear Colleague Letter (November 16, 2015) – U.S. Department of Education
OSEP Letter to Chambers (May 9, 2012) – U.S. Department of Education
OSERS Dear Colleague Letter (Oct. 23, 2015) – U.S. Department of Education
OCR Dear Colleague Letter (Dec. 26, 2007) – U.S. Department of Education
OSEP Letter to McWilliams (July 16, 2015) – U.S. Department of Education
OSEP Letter to Spitzer-Resnick, Swedeen, and Pugh (June 22, 2012) – U.S. Department of Education
OSERS Questions and Answers On Individualized Education Programs (IEPs), Evaluations, and Reevaluations (Sept. 2011) – U.S. Department of Education
OSERS Questions and Answers on Serving Children with Disabilities Eligible for Transportation (Nov. 2009) – U.S. Department of Education
OSEP Letter to Ackerhalt (Sept. 6, 2012) – U.S. Department of Education
White v. Ascension Parish School Board (5th Cir. 2003)
OSEP Letter to Trigg (Nov. 30, 2007) – U.S. Department of Education
OSEP Letter to Clarke (Mar. 8, 2007) – U.S. Department of Education
TEA HB 4545 Frequently Asked Questions (Sept. 16, 2021)
Board Policy EHBA and Board Policy EHBAB (Supplementary Aids and Services; Special Education; Related Services; Program Modifications and Supports for School Personnel; Initiation Frequency, and Duration of Services; Location); Board Policy EHBC, Board Policy EKC, and Board Policy EIE (Accelerated Reading Instruction; Student Success Initiative for Children in Grades Three Through Eight); 34 CFR 300.320 (Special Education; Program Modifications and Supports for School Personnel; Initiation, Frequency, and Duration of Services; Location), 300.39(a) (Special Education), 300.42 (Supplementary Aids and Services), 300.34 (Related Services), 300.107 (Program Modifications and Supports for School Personnel), 300.117 (Program Modifications and Supports for School Personnel); Texas Education Code 38.033 (Related Services), 21.451 28.0023(d) (Program Modifications and Supports for School Personnel), 28.0211, 28.0213, 39.023 (Intensive Program of Instruction), 28.006 (Accelerated Reading Instruction), 28.0211 (Student Success Initiative for Children in Grades Three Through Eight), 28.0212(c) (Initiation, Frequency, and Duration of Services), 25.0343 (Location); 19 TAC 89.1050(a)(1) (Supplementary Aids and Services, Special Education, Related Services, Program Modifications and Supports for School Personnel), 89.1090 (Related Services), 74.38(e)(1) (Program Modifications and Supports for School Personnel), 89.1050(a)(10) (Intensive Program of Instruction), 89.1050(a)(7) (Accelerated Reading Instruction), 89.1050(a)(7) (Personal Graduation Plan in Junior High and Middle School), 89.1075(e) (Initiation, Frequency, and Duration of Services)