FAQs

Although it is certainly desirable and commendable for a school district to take seriously parental input and to try to accommodate parental desires, schools cannot circumvent their legal responsibility to provide FAPE by deferring to parental choices about education.

• If disagreement occurs, offer the parent a 10 day recess. Table the ARD and gather more data.

• If parent declines the 10-day recess, obtain signatures, issue Prior Written Notice (diag) and prepare to implement IEP 5 school days following parents' receipt of the PWN. (If we are recommending a more restrictive placement, be very detailed in the why)

• Please note that the stay-put provision applies only if the parent files an IDEA due process complaint. Without such a filing, we can implement the placement even if the parent has disagreed at ARD. 

• Can parents record us? YES.

• Do they have to tell us? NO.

• Do we have to tell the parents we are recording? YES.

• Can parents have a copy of our recording? YES.

• If parent records, we record. If parent brings attorney, we bring attorney. 

• The parents’ preference to retain the student will likely need to be honored as stated in board policy, unless the ARD committee has reason to believe (and data to support their recommendation) that the student will not receive a FAPE if they are retained. So, unless there is a special education issue that would prevent the District from providing FAPE because of retention, then we should go to ARD and make that recommendation under the ARD committee recommendation.

• We can include documentation in the ARD deliberations stating that the parent has requested retention and that the District is honoring her request in accordance with Board Policy EIE. Please note in the deliberations that the request for retention was made as a general education decision and is not the result of the ARD committee’s recommendation. The purpose of the ARD meeting is solely to ensure the IEP is updated to reflect the student’s new grade level. Additionally, clarify in the record that the decision to retain was made by the parent pursuant to her rights under Board Policy EIE, and not due to a determination by the ARD committee that the student failed to make adequate progress.

• The 87th Texas Legislature, Regular Session passed Senate Bill (SB) 1697, which amends state law to allow parents and guardians to elect for a student to repeat a grade or retake a high school course, per Texas Education Code (TEC) §28.02124. The legislation, which went into effect on June 16, 2021, gives parents or guardians the right to opt for their child to –

                                    repeat prekindergarten;

                                    enroll in prekindergarten if the child was eligible to enroll in prekindergarten in the previous school year, under TEC, §29.153(b), and                                       has not yet enrolled in kindergarten;

                                          repeat kindergarten;

                                         enroll in kindergarten if the child would have enrolled in kindergarten in the previous school year and has not yet enrolled in 1st                       grade and for grades one through three, repeat the grade the student was enrolled in the previous school year.

Yes. First, contact the parent to determine if the absences are related to the student’s disability. If they are, the ARDC should meet to address the impact of absences through LRE considerations (e.g., shortened day, intermittent homebound, accommodations for missed work).

The ARDC serves as the attendance committee for purposes of the 90% rule. If the absences are not disability-related and no documentation is provided, the ARDC can document that and the campus may proceed with its standard truancy process.

• The graduation codes do not affect anything until the leaver code is issued.  It is important for these 18+ students that you are coding them as an IEP Continuer in PEIMS.  When you do that, you do not issue a leaver code, and this takes that student out of graduation rates & CCMR for state accountability.  The students will not count for or against CCMR for the state until they are issued a leaver code.  Federal is a little different, they will count against you for graduation rates at the federal level (but this is 10% of 30% and a very small number of students you are talking about), they also count against you for federal CCMR their true senior year, but then they count for you in CCMR when they actually graduate.

• High School counselors. However, they should be collaborating with the ARD Facilitator/Diagnostician.

• Graduation code is updated in the ARD meeting with collaboration from CTE staff; ARDF adds to the graduation code spreadsheet for juniors and seniors; Tabs are organized by graduation year; Counselor adds to Skyward during the ARD; Each spring, ARDF and counselor confirm seniors

• This is done by thr district PEIMS office.

• District PEIMS department in collaboration with Transition Specialist.

• Google Slide Training

•  If a behavior is not a manifestation of a child's disability, then discipline procedures would follow the student code of conduct like any other student. 

• In the event it is a manifest, the student can be removed for up to 45 days. 

 Transportation services should be discussed in an ARDC meeting to determine if it is necessary for the student to benefit from their instruction at AEP and/or JJAEP.

It depends. If the behavior constitutes a pattern and the child's suspension is a short-term removal (less than 10 days), you may proceed. However, if the suspension results in 10 days out of the intended placement, you must contact the Director of Special Populations prior to suspension.

Students who are IEP Continuers would receive a Certificate of Attendance.  They should not be marked as graduates or receive their diploma until they fulfill all of the requirements for graduation (Testing, Curriculum & Credit, Complete their IEP, and meet one of the four criteria if they received modified content).

Typically, grades are not given in 18+ as the student is working on their IEP and not TEKS.  Some schools will just mark it as a pass/fail and complete the progress monitoring on their annual IEP goals.

The ARD committee needs to meet to review the student's IEP.  Update the postsecondary goals and discontinue any annual goals or coordinated set of activities.  

Graduation and SpEd FAQ

4.3 After completing credit and assessment requirements for graduation through 19 TAC §89.1070(b)(2) or (b)(3), the ARD committee recommends continued enrollment to complete transition planning, but the student wants to receive their diploma and exit public school. Can the school withhold their diploma until the student can show proof of readiness for meeting postsecondary goals? No. A student who has met the credit and assessment requirements for graduation is entitled to receive a diploma and exit public school. For students who are eligible to continue enrollment, the ARD committee will consider transition services, including courses of study, as specified by 19 TAC §89.1055(l)(2). If continued enrollment is recommended and the parent or adult student prefers to exit, the diploma must not be withheld. In such cases, it is recommended that the IEP include a statement outlining the option to request additional services after receiving a diploma, as specified by 19 TAC §89.1070(j).  See question 4.1 for ARD committee considerations to select the appropriate condition for students pursuing a diploma through subsection (b)(3) and consult with local legal counsel for questions about the appropriate provision of FAPE for individual students.  

Draft ARD Deliberation Statement:

The ARD Committee reviewed the student’s IEP following withdrawal from school. Postsecondary goals have been updated, and annual goals and coordinated sets of activities have been discontinued. The Committee acknowledges that the student has met all required credits and assessment requirements for graduation; therefore, the student is entitled to a diploma and may not be withheld from exiting if this is their preference.

While the Committee believes the student would benefit from continued services to support transition needs, the student and/or parent have chosen to exit at this time. The LEA affirms that the student retains the right to request to return in the future to access additional services, provided the student continues to meet age and eligibility requirements, consistent with 19 TAC §89.1070(j).

• Do I have additional flexibility with assignments? 

  • The Certification Assignment Flexibility document outlines options available to districts to address some of the most common certification assignment challenges and scenarios. However, these flexibilities are not applicable for special education, bilingual, or ESL assignments due to federal requirements and state statutes.

• Can a [DOI] district exempt itself from Certification requirements for Bilingual, English as a Second Language (ESL) or Special Education? Districts of Innovation (DOI)?

  • No, Districts of Innovation must comply with the requirements to have a certified educator in a bilingual, English as a Second Language (ESL), or special education classroom just as charter schools must comply with those requirements (TAC §102.1309(a)(1)).

• 19 TAC §89.1131. Qualifications of Special Education, Related Service, and Paraprofessional Personnel. (in part) o All special education and related service personnel must be certified, endorsed, or licensed in the area or areas of assignment in accordance with 34 Code of Federal Regulations, §300.156; the Texas Education Code, §§21.002, 21.003, and 29.304; or appropriate state agency credentials. 

In summary, no special education (IEP) services can be performed by a teacher that is not Special Education certified. 

• 2024-2025

• 2023-2024 

• If he hasn't finished credits,  state assessment and has no diploma, he would be a 12th grader working on grad requirements. 

The key is to identify the specifics related to what the bilingual program looks like for all students.  Does the campus model indicate that every bilingual classroom has a full-time para in the room bell to bell?  If the bilingual aide is tasked with being in a first-grade gen ed classroom all day, every day, then she can't "double dip" and play both roles for the minutes that student needs inclusion.  

Dual credit courses are the terrain of your Higher Ed partner and services that a student will receive will depend on that institution. I'm afraid if the student is taking the dual credit course with one of your teachers on your campus, it will be a case-by-case circumstance. Please see the disability section (below) of the dual credit FAQ (linked). 

Section F: Disability Services 

F.1) Are students that are identified for special education services eligible to take dual credit courses? Yes, students are eligible for dual credit courses as long as they meet the requirements specified in TAC §4.85.                                                                                     

F.2) When enrolled in a dual credit course, should the Individuals with Disabilities Education Act (IDEA) or the Americans with Disabilities Act (ADA) be considered when serving students with disabilities? While public school districts and open enrollment charter schools are bound by the rules and requirements under the IDEA, IHEs are not. IHEs are bound by the rules and requirements under the ADA which does not include required implementation of a student’s Individual Education Plan (IEP). Under the ADA, accommodations for students may include an adaptation of the way specific courses are conducted, however modifications to course requirements and/or content are not required. 

F.3) If a student has a diagnosed disability and is enrolled in dual credit courses at a college, how does the student find out if he/she is eligible for services through the institution of higher education’s Disability Services Office?  Dual credit students with a diagnosed disability who are requesting accommodations must provide documentation of disability to the IHE’s disability services office to determine eligibility for services. Eligibility for services at the high school does not always ensure that students will meet the criteria to receive accommodations in a college credit course.   

F.4) Must a teacher follow a special education student’s IEP if the dual credit course is taken on the high school campus and taught by a high school teacher?  The Office of Civil Rights (OCR) decisions provide evidence the response depends on several factors and specific facts related to an individual student’s situation. Each case is separate and unique. Districts should consult local legal counsel. 

The following procedure shall apply to individual students who meet the following criteria:

• The student was evaluated within the last two academic years (i.e., the current school year and previous school year), and

• The student did not qualify for special education services, and

• The campus or parent would like student re-evaluated

Prior to the campus submitting a referral packet, the committee must consider:

• Did something happen medically or academically since the last evaluation that would warrant another evaluation? (Provide documentation)

• Was the evaluation on file conducted utilizing best practices? (To be determined by Director of Special Populations)

• Did the student in question have any cognitive deficits?

• What supports were put in place immediately following the DNQ? (Provide documentation)

• What is the student’s response to the supports currently in place? (Provide documentation)

All records request must go through the Special Education Department. Immediately send the request to your diagnostician/SLP.

Prior to any parent observing in the special education class, please be sure they complete the Classroom Observation Confidentiality Agreement. 

The short answer is no. 

I would caution against requesting that a parent keep their child home from school including for field trips. It is important to remember that students with disabilities must be afforded the same opportunities to participate in field trips as their non-disabled peers, unless an ARD committee has determined, based on a clearly justifiable reason, that the student should not attend.

According to 34 CFR 104.34(a), students with disabilities are entitled to participate in educational settings alongside their non-disabled peers to the maximum extent appropriate, unless it is demonstrated that supplementary aids and services cannot enable them to be educated satisfactorily in that environment. Specifically, this regulation requires that students with disabilities be educated in the regular educational environment, with necessary supports and services, unless an alternative setting is determined to be more appropriate.

Additionally, 34 CFR 300.320(a)(4)(ii) emphasizes the provision of supplementary aids, services, and supports to ensure that students with disabilities can be involved in and make progress in the general education curriculum and participate in extracurricular and nonacademic activities. These supports are also intended to facilitate the inclusion of students with disabilities in activities alongside their non-disabled peers, as outlined in 34 CFR 300.320(a)(4)(iii).

Moreover, when providing nonacademic services or extracurricular activities such as field trips, meals, or recess, the law mandates that students with disabilities must be included with their non-disabled peers to the maximum extent appropriate, as stated in 34 CFR 104.34(b).

Please be aware that OCR complaints have been filed in cases where students with disabilities have been excluded from field trips as they can be viewed as disability discrimination.

• Documenting accommodations in Skyward

• The short answer is no. 

• The long answer:

Cameras in the Classroom

• Regarding Cameras in the Classroom and whether or not a special education director can have cameras installed/turned on see the highlighted information below.  

103.1301(a)

• Requirement to implement. In order to promote student safety, on written request by a parent, school district board of trustees, governing body of an open-enrollment charter school, principal, assistant principal, or staff member, as authorized by Texas Education Code (TEC) §29.022(a-1), a school district or an open-enrollment charter school must provide video equipment to campuses in accordance with TEC, §29.022, and this section. Campuses that receive video equipment must place, operate, and maintain video cameras in self-contained classrooms or other special education settings in accordance with TEC, §29.022, and this section. 

What is the definition of a staff member?

• Staff member means a teacher, a related service provider, a paraprofessional, a counselor, or an educational aide assigned to work in a self-contained classroom or other special education setting. 

Dean Micknal from Leasor Crass stated: That sounds potentially difficult to manage…but not prohibited. Might be similar to authorizing a daycare to do pick up.  Stay consistent with whatever your practice might be. Ultimately, I doubt that there is any FAPE involved here. - Therefore, not a special education issue.