TEC 28.0211 | TEC 28.0212 | TEC 28.0213 |TEC 28.006
TEC § 28.0211. Accelerated Instruction
The ARD committee of a child who does not perform satisfactorily on the statewide assessment program will, at the child's next annual review meeting, review the child's participation and progress in, as applicable, accelerated instruction, supplemental instruction, or an accelerated education plan.
Citations: TEC 28.0211(i)
Texas Education Code § 28.0213. Intensive Program of Instruction | Legal Framework
(a) A school district shall offer an intensive program of instruction to a student who:
(1) does not perform satisfactorily on an assessment instrument administered under Subchapter B, Chapter 39; or
(2) is not likely to receive a high school diploma before the fifth school year following the student’s enrollment in grade nine, as determined by the district.
(e) For a student in a special education program under Subchapter A, Chapter 29, who does not perform satisfactorily on an assessment instrument administered under Section 39.023(a), (b), or (c), the student's admission, review, and dismissal committee shall design the program to:
(1) enable the student to attain a standard of annual growth on the basis of the student's individualized education program; and
(2) if applicable, carry out the purposes of Section 28.0211
Purpose: The purpose of IPI is to enable a student to perform at the student’s grade level at the conclusion at the next school term or achieve a specified standard of growth, and if applicable, carry out the purposes of AI. For students with IEPs the standard of annual growth is determined on the basis of the student’s IEP.
Who: The IPI requirement pertains to students in grades 3-12 who do not perform satisfactorily on STAAR or STAAR Alternate 2; and students, who are not likely to receive a high school diploma before the fifth school year after enrollment in 9th grade.
ARDC Role: ARD committees are responsible for designing the IPI for students served by special education.
Documentation: The current law does not explicitly state how IPI should be documented.
House Bill 2, Article 5, Section 5.29, repealed, with an immediate effective date, the requirement that school systems administer a grade 7 reading instrument at the beginning of the school year to students who did not demonstrate reading proficiency in grade 6.
19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.
(a) Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following:
. . .
(7) TEC, §28.006 (Reading Diagnosis)
Address AIP/IPI as soon as possible upon determining the student was unsuccessful in one or more areas of the state assessment or upon determining that the student is not likely to receive a high school diploma before the fifth school year following the student's enrollment in ninth grade
This must be done no later than the student's annual ARD
Hold a properly constituted ARD committee meeting to develop the student’s AIP/IPI, or if agreed upon by the parent/guardian, through the amendment process
Design an AIP/IPI based on the results of state assessments
Describe the AIP/IPI the student will be provided to address areas of need for each assessment where the student did not perform satisfactorily
Include the frequency, duration, and location of the delivery of the AIP/IPI and the staff members responsible for carrying out the plan
Write out the target area(s) of acceleration
Include how the student’s progress will be monitored and who is responsible for monitoring and reporting the progress to the parent
Keep evidence of progress monitoring in the student’s file
Consider that an AIP/IPI is an ongoing support for a student who does not pass a STAAR or is at risk of not graduating and should be revisited and updated accordingly
Document the plan in writing within the deliberations section of the IEP or as a supplemental attachment
Provide a copy of the IPI and its amendments to the student’s parent/guardian
Texas SPED Support houses a variety of trainings and resources to support this spotlight topic.