Authority:  34 C.F.R. Part 300;  Texas Education Code (TEC);  19 T.A.C. Chapter 89

ARD Meeting

Indicate date of ARD meeting. Each district is responsible for initiating and conducting ARD meetings for the purpose of developing, reviewing, and revising the IEP of a student with a disability, at least annually, and as specified. For students three years of age and older, school districts must develop an IEP.

300.343
300.520(b)(2)
300.552(b)(1)
89.1065(6)
89.1070(c)&(d)
89.1045(b)
89.1050(a)
89.1050(b)
89.1050(d)

If the conditions of Transfer Students are not met, then the ARD committee must meet when the student enrolls and the parents verify that the student was receiving special education services in the previous school district, or the previous school district verifies in writing or by telephone that the student was receiving special education services. At this meeting, the ARD committee must do one of the following:

• The ARD committee may determine that it has appropriate evaluation data and other information to develop and begin implementation of a complete IEP for the student.

• OR, the ARD committee may determine that valid evaluation data and other information from the previous school district are insufficient or unavailable to develop a complete IEP. In this event, the ARD committee may authorize the provision of temporary special education services pending receipt of valid evaluation data from the previous school district or the collection of new evaluation data by the current school district. In this situation, a second ARD committee meeting must be held within 30 school days from the date of the first ARD committee meeting to finalize or develop an IEP based on current information.

The district shall ensure that the ARD committee for each student with a disability includes the required members. All special education and related service personnel shall be certified, endorsed, or licensed in the area or areas of assignment.

300.344
300.552(a)(1)
300.349(a)(2)
89.1050(c)
89.1131(a)
TEC 29.005(a)
TEC 37.004

• And, supplementary aids and services, program modifications or supports for school personnel that will be provided for the student.

300.346(d)(2)

Parent Participation

300.345

300.20
89.1047

Provide Prior Written Notice of the ARD meeting.

300.345
89.1015
89.1045(a)

If neither parent can attend, the district shall use other methods to ensure parent participation, including individual or conference telephone calls.

300.345(c)

The district shall take whatever action is necessary to ensure that the parent understands the proceedings at the ARD meeting.

300.345(e)

300.501(c)(5)

Determine need and arrange for an interpreter for parents with deafness or whose native language is other than English.

300.345(e)

Determination of Eligibility

Based on the Full and Individual Evaluation, determine whether the student is eligible for special education and related services:

300.7(a)
89.1040(b)

• Student has a disability. 

300.7(a)

• And, student has a need for special education.

300.7(a)

• Aptitude. 

• Achievement tests.

• Parent input.

• Teacher recommendations.

• Physical condition.

• Social or cultural background.

• Adaptive behavior.

• If the determinant factor for that eligibility determination is lack of instruction in reading or math.

• If the determinant factor for that eligibility determination is limited English proficiency.

• If the child does not otherwise meet the eligibility criteria. 

For students with disabilities convicted as adults and incarcerated in adult prisons, see special rules contained in 34 C.F.R. 300.311.

300.347(d)
300.311

Determination of Present Levels of Educational Performance and Needs

Consider the strengths of the student.

300.346(a)(1)(i)

Consider the concerns of the parents for enhancing the education of their student.

300.346(a)(1)(i)

Consider the results of the initial or most recent evaluation of the student.

300.346(a)(1)(ii)

Consider the results of the student's performance on any general State or district-wide assessment programs, as appropriate.

300.346(a)(1)(iii)

Consider the communication needs of the student.

300.346(a)(2)(iv)

For a student with limited English proficiency, consider the language needs of the student as those needs relate to the student's IEP.

300.346(a)(2)(ii)

Consider whether the student’s behavior impedes his or her learning or that of others. If yes:

300.346(a)(2)(i)  

• Consider, if appropriate, strategies including positive behavioral interventions, strategies, and supports to address that behavior.

300.346(a)(2)(i)

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

Consider whether the student requires assistive technology devices and services:

300.346(a)(2)(v)

• With respect to assistive technology devices, determine whether the student needs a piece of equipment or product system (whether acquired commercially off the shelf, modified, or customized) that is used to increase, maintain, or improve the functional capabilities of a student with a disability.

300.5

• With respect to assistive technology services, determine whether the student needs a service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device.

300.6

300.346(a)(2)(iii)

• Consider the student's language and communication needs.

300.346(a)(2)(iv)

• Consider opportunities for direct communications with peers and professional personnel in the student's language and communication mode.

300.346(a)(2)(iv)

• Consider the student’s academic level.

300.346(a)(2)(iv)

• Consider the student’s full range of needs, including opportunities for direct instruction in the student's language and communication mode.

300.346(a)(2)(iv)

• Interpreting services for students who are deaf shall be provided by an interpreter who is certified in the appropriate language mode(s), if certification in such mode(s) is available.

• Provide each parent with the state adopted form that contains written information about programs offered by state institutions.

A statement of the student's present levels of educational performance, including:

300.347(a)(1)

• How the student's disability affects the student's involvement and progress in the general curriculum (i.e., the same curriculum as for nondisabled students).

300.347(a)(1)(i)

• For preschool students, as appropriate, how the disability affects the student's participation in appropriate activities.

300.347(a)(1)(ii)

Development of Goals and Objectives

A statement of measurable annual goals.

300.347(a)(2)

A statement of benchmarks or short-term objectives.

300.347(a)(2)

Goals and objectives relate to meeting the student's needs that result from the student's disability to enable the student to be involved in and progress in the general curriculum, or for preschool students, as appropriate, to participate in appropriate activities.

300.347(a)(2)(i)

300.347(a)(2)(ii)

A statement of how the student's progress toward the annual goals will be measured.

300.347(a)(7)(i)

A statement of how the student's parents will be regularly informed of their student's progress toward the annual goals.

300.347(a)(7)(ii)(A)

A statement of how the student's parents will be regularly informed of the extent to which the progress is sufficient to enable the student to achieve the goals by the end of the year.

300.347(a)(7)(ii)(B)

Parents are informed through such means as periodic report cards, at least as often as parents are informed of their nondisabled student’s progress.

300.347(a)(7)(ii)

Determination of Participation in State or District-Wide Assessment

ARD Committee Training

• Include a statement of any individual allowable accommodations in the administration of any state or district-wide assessments of student achievement that are needed in order for the student to participate in the assessment.

300.347(a)(5)(i)
89.1055(b)

• If the ARD committee determines that the child will not participate in a state or district-wide assessment (or part of an assessment), include a statement of--
  • Why that assessment is not appropriate for the child
  • AND how the child will be assessed.

OSEP Monitoring Report (March 10, 2003)

• All special education students for whom a TAAS/TAKS is an appropriate measure of their academic achievement will take the TAAS/TAKS assessment.

• If the ARD committee determines that the child will not participate in TAAS/TAKS (or part of TAAS/TAKS), include a statement of:
  • Why that assessment is not appropriate for the child (i.e. is not an appropriate measure of academic progress, even with allowable accommodations).
  • AND how the child will be assessed (SDAA or LDAA).

TEC 39.023(b)

89.1055(b)(1)

OSEP Monitoring Report (March 10, 2003)

• Students who are being instructed in the state-mandated curriculum in an area tested by TAAS/TAKS, but for whom TAAS/TAKS is not an appropriate measure of academic progress, even with allowable accommodations, will participate in the SDAA.

• The ARD committee shall determine the level of performance considered to be satisfactory on the assessment instruments administered to that student in accordance with criteria established by agency rule.

TEC 39.024(a)

• Include a statement of any individual allowable accommodations in the administration of the SDAA that are needed in order for the student to participate in the assessment.

300.347(a)(5)(i)  
TEC 39.023(b)
89.1055(b)

• If the ARD committee determines that the child will not participate in SDAA (or part of SDAA), include a statement of:
  • Why that assessment is not appropriate for the child (i.e. the student's IEP does not include instruction in the essential knowledge and skills at any grade level; OR for Exit level, the assessment instrument, even with allowable modifications, would not provide an appropriate measure of the student's achievement).
  • AND how the child will be assessed (LDAA).

TEC 39.027

89.1055(b)(1)

OSEP Monitoring Report (March 10, 2003)

• Students who are not being instructed in the state curriculum at any grade level in an area tested by TAAS/TAKS will be exempted from TAAS/TAKS and from the SDAA.  

TEC 39.027

89.1055(b)(1)

OSEP Monitoring Report (March 10, 2003)

• Students may also be exempted from the Exit Level assessment if, even with allowable modifications, the assessment would not provide an appropriate measure of the student’s achievement.

300.347(a)(5)(ii)(A)

TEC 39.027(a)(2)

89.1055(b)(1)

OSEP Monitoring Report (March 10, 2003)

• Include a statement of how the student will be assessed using a locally developed alternate assessment (LDAA).

Intensive program of instruction for a student who did not perform satisfactorily on the TAAS/TAKS or the SDAA.  The intensive program of instruction shall be designed to:

TEC 28.0211(c)

TEC 28.0213(e)

89.1050(a)(8),(10)

89.1070(h)

• Enable the student to attain a standard of annual growth on the basis of the student's individualized education program. 

• AND if applicable, carry out the purposes of TEC 28.0211, by determining:  

TEC 28.0213(e)(2)

TEC 28.0211

• The manner in which the student will participate in an accelerated instruction program under TEC 28.0211. 

• AND whether the student will be promoted or retained under TEC 28.0211. 

Determination of Services

If the ARD committee determines that a student needs a particular device or service in order for the student to receive a free and appropriate public education (FAPE), including enabling the student: (1) to advance toward attaining the annual goals, (2) to be involved and progress in the general curriculum, and to participate in extracurricular and other nonacademic activities, and (3) to be educated and participate with other children with disabilities and nondisabled students, the ARD committee must include a statement to that effect.

300.346(c)
300.347(a)(3)
TEC 29.001

A statement of the supplementary aids and services to be provided.

300.347(a)(3)

A statement of the program interventions, accommodations, or other program modifications that will be provided for the student.

300.346(c)
300.347(a)(3)

A statement of the supports for school personnel that will be provided for the student.

300.347(a)(3)

A statement of the special education services to be provided.

300.347(a)(3)

• Transition services for students with disabilities may be special education if provided as specially designed instruction, or related services if required to assist a student with a disability to benefit from special education.

300.29(b)

A statement of the related services required to assist the student to benefit from special education.

300.347(a)(3)
300.24(a)
89.1060
TEC 29.002(2)

The projected date for the beginning of the services and modifications.

300.347(a)(6)

The anticipated frequency of the services and modifications.

300.347(a)(6)

OSEP Monitoring Report (3/10/03)  

The anticipated location of the services and modifications.

300.347(a)(6)

The anticipated duration of the services and modifications.

300.347(a)(6)
89.1050(h)

For students with Autism, consider information about the following and, when needed, address in the IEP:

89.1055(e)

• Extended educational programming.

89.1055(e)(1)

• Daily schedules reflecting minimal unstructured time.

89.1055(e)(2)

• In-home training or viable alternatives.

89.1055(e)(3)

• Prioritized behavioral objectives.

89.1055(e)(4)

• Prevocational and vocational needs of students 12 years of age or older.

89.1055(e)(5)

• Parent training.

89.1055(e)(6)

• Suitable staff-to-students ratio.

89.1055(e)(7)

• If the ARD committee determines that services are not needed in one or more of the areas specified in this section, the IEP must include a statement to that effect and the basis upon which the determination was made.

89.1055(f)

Before placing a student with a Visual Impairment in a classroom setting or within a reasonable period of time after placement (as required for the student to succeed in classroom settings and derive lasting, practical benefits from the education in the school district):

TEC 30.002(c)(4)

• Provide training in compensatory skills.

TEC 30.002(c)(4)

• Provide training in communicative skills.

• Provide training in orientation and mobility.

TEC 30.002(c)(4)

• Provide training in social adjustment.

TEC 30.002(c)(4)

• Provide training in vocational or career counseling.

TEC 30.002(c)(4)

• Assure that the student has been provided a detailed explanation of the various service resources available in the community and throughout the state. 

TEC 30.002(e)(3)

• Provide a detailed description of the arrangements made to provide the student 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.

TEC 30.002(e)(4)
89.1055(d)

• Set forth the plans and arrangements made for contacts with and continuing services to the student beyond regular school hours to ensure the student learns the skills and receives the training specified above.

TEC 30.002(e)(5)
89.1055(d)

• For a functionally blind student, provide Braille reading and writing instruction that is sufficient to enable the student to communicate with the same level of proficiency as other students of comparable ability who are at the same grade. 

TEC 30.002(f)

• For a functionally blind student, specify the appropriate learning medium based on the assessment.   Each person assisting in the development of a functionally blind student's individualized education program shall receive information describing the benefits of Braille instruction. 

TEC 30.002(f)

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

TEC 30.004

Determination of Need for Extended School Year (ESY) Services

300.309

The need for ESY services must be determined on an individual student basis by the ARD committee. 

89.1065(1)

300.309(a)(2)

300.309(a)(3)

OSEP Monitoring Report (March 10, 2003)

• Limit ESY services to particular categories of disability; or 

• Unilaterally limit the type, amount, or duration of ESY services.

If the district does not propose ESY services for discussion at the annual review of a student's IEP, the parent may request that the ARD committee discuss ESY services.

89.1065(5)

Document the need for ESY from formal and/or informal evaluations provided by the district or the parents.

89.1065(2)

For students enrolling in a district during the school year, information obtained from the prior school district as well as information collected during the current year may be used to determine the need for ESY services.

89.1065(7)

Identify the critical areas addressed in the current IEP objectives, if any, in which the student has exhibited, or reasonably may be expected to exhibit, severe or substantial regression that cannot be recouped within a reasonable period of time.

89.1065(2)

Severe or substantial regression means that the student has been, or will be, unable to maintain one or more acquired critical skills in the absence of ESY services.

89.1065(2)

Determine the reasonable period of time for recoupment of acquired skills on the basis of needs identified in the child’s IEP.

89.1065(3)

If the loss of acquired critical skills would be particularly severe or substantial, or if such loss results, or reasonably may be expected to result, in immediate physical harm to the student or to others, ESY services may be justified without consideration of the period of time for recoupment of such skills. In any case, the period of time for recoupment shall not exceed eight weeks.

89.1065(3)

If the ARD committee determines that the student is in need of extended school year (ESY) services, then the IEP must also include goals and objectives for ESY services from the student's current IEP.

89.1055(c)

Personal Graduation Plan

A personal graduation plan must be developed for any junior high, middle school, or high school student who: 

TEC 28.0212(a)

TEC 28.0212(c)

89.1050(a)(9)

• does not perform satisfactorily on TAKS or SDAA; OR 

TEC 28.0212(a)(1)

TEC 28.0123(e)

• is not likely to receive a high school diploma before the fifth school year following the student's enrollment in grade level nine, as determined by the district. 

Determination of Transition Services

300.29(a)(3)

• Is designed within an outcome-oriented process, that promotes movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation.

300.29(a)(3)

• Is based on the individual student's needs, taking into account the student's preferences and interests.

300.29(a)(3)

89.1055(g)

300.29(a)(3)

• Involvement:

• Appropriate student involvement in the student's transition to life outside the public school system.

TEC 29.011

89.1055(g)(1)

• If the student is younger than 18 years of age, appropriate parental involvement in the student's transition.

TEC 29.011

89.1055(g)(2)

• If the student is at least 18 years of age, appropriate parental involvement in the student's transition, if the parent is invited to participate by the student or the school district in which the student is enrolled.

TEC 29.011

89.1055(g)(3)

• If the student does not attend the ARD meeting, the district shall take other steps to ensure that the student's preferences and interests are considered.

300.344(b)(2)

• Any postsecondary education options.

TEC 29.011

89.1055(g)(4)

• A functional vocational evaluation.

TEC 29.011

89.1055(g)(5)

300.29(a)(3)

• Employment goals and objectives.

TEC 29.011

89.1055(g)(6)

• Independent living (post-school adult living) goals and objectives.

TEC 29.011

89.1055(g)(8)

300.29(a)(3)

• Community experiences.

• If appropriate, acquisition of daily living skills.

• Appropriate circumstances for referring a student or the student's parents to a governmental agency for services.

TEC 29.011

89.1055(g)(9)

• A statement of the transition service needs of the student under the applicable components of the student's IEP that focuses on the student's courses of study (such as participation in advanced placement courses or a vocational education program).

300.347(b)(1)

Beginning at age 16 (or younger, if determined appropriate by the ARD committee), include, if appropriate, a statement of the interagency responsibilities or any needed linkages.

300.347(b)(2)

If a participating agency other than the district fails to provide the transition services described in the IEP, identify alternative strategies to meet the transition objectives for the student set out in the IEP.

300.348(a)

Beginning at least one year before a student reaches 18 years of age, the IEP must include a statement that the student has been informed of his or her rights that will transfer to the student on reaching age 18. See Prior Written Notice.

300.347(c)
300.517
TEC 29.017

If the student is at least 18 years of age, the availability of age-appropriate instructional environments must be considered in the development of the IEP, and, if appropriate, integrated into the IEP.

Graduation

For a student graduating and being awarded a high school diploma under this part, graduation terminates a student's eligibility for special education services and a student's entitlement to the benefits of the Foundation School Program.  Verify that one of the following conditions has been met:

TEC 42.003(a)
89.1070(a)

 

• Satisfactorily completed the state's or district's (whichever is greater) minimum curriculum and credit requirements for graduation applicable to students in general education, including satisfactory performance on the exit-level assessment instrument.

89.1070(b)(1)

• OR, satisfactorily completed the state's or district's (whichever is greater) minimum curriculum and credit requirements for graduation applicable to students in general education and has been exempted from the exit-level assessment instrument because the assessment instrument, even with allowable modifications, would not provide an appropriate measure of the student's achievement as determined by the student's ARD committee.

89.1070(b)(2)
TEC 39.027(a)(2)(B)

For a student graduating and being awarded a high school diploma under this part:

89.1070(c)

• When considering a student's graduation, the student shall be evaluated prior to graduation, per Determination of Needed Evaluation Data and FULL AND INDIVIDUAL EVALUATION

300.534(c)
300.532
300.533
89.1070(e)

• Consider the FULL AND INDIVIDUAL EVALUATION and the views of the parent and/or student, as appropriate.

• When appropriate, seek in writing and consider written recommendations from adult service agencies. 

• Determine that the student has successfully completed his/her IEP.

• Determine that the student has successfully completed the state's or district's (whichever is greater) minimum credit requirements for students without disabilities.

• Determine that the student has successfully completed the state's or district's minimum curriculum requirements to the extent possible with modifications/substitutions only when it is determined necessary by the ARD committee for the student to receive an appropriate education.

• Determine that the student has met one of the following conditions:

• Full-time employment, based on the student’s abilities and local employment opportunities, in addition to sufficient self-help skills to maintain the employment without the educational support of the district.

89.1070(c)(1)(A)

• Demonstrated mastery of specific employability skills and self-help skills which do not require direct ongoing educational support of the district.

89.1070(c)(1)(B)
89.1070(g)

• Access to outside services, or employment, or educational options for which the student has been prepared by the academic program.

89.1070(c)(1)(C)

• Employability and self-help skills are those skills directly related to the preparation of students for employment, including general skills necessary to obtain or retain employment.

• For students who receive a diploma under this part, the ARD committee shall determine needed educational services upon the request of the student or parent to resume services, as long as the student meets the age eligibility requirements.

For a student graduating and being awarded a high school diploma under this part, graduation terminates a student's eligibility for special education services and a student's entitlement to the benefits of the Foundation School Program.  Determine that the following conditions have been met:

300.122(a)(3)(i)

TEC 42.003(a)
89.1070(a)
89.1070(d)

• The student no longer meets age eligibility requirements.

89.1070(d)
89.1035(a)

• AND the student has completed the requirements specified in the IEP.

Least Restrictive Environment

300.552(a)

Describe previous efforts, if any, to educate the student in a general education classroom (including a description of supplementary aids and services).

DanielR.R.v.SBOE(5^thCir.1989)

Describe why the efforts failed. (Was it the result of a lack of sufficient supplementary aids and services?)

DanielR.R.v.SBOE(5^thCir.1989)

Will the student receive an educational benefit from regular education. (including non-academic benefit?)

DanielR.R.v.SBOE(5^thCir.1989)

Describe the effects, if any, the student’s presence has on the general education classroom.

DanielR.R.v.SBOE(5^thCir.1989)

Identify those needs that can be met in a general education classroom.

DanielR.R.v.SBOE(5^thCir.1989)

Identify those needs that cannot be met in a general education classroom.

DanielR.R.v.SBOE(5^thCir.1989)

The placement decision is based on the student's IEP.

300.552(b)

A student with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum.

300.552(e)

• For districts that do not operate preschool programs for nondisabled preschool children, some alternative methods for meeting the LRE requirements include: (1) providing opportunities for the participation (even part-time) of preschool children with disabilities in other preschool programs operated by public agencies (such as Head Start); (2) placing children with disabilities in private school programs for nondisabled preschool children or private school preschool programs that integrate children with disabilities and non-disabled children; and (3) locating classes for preschool children with disabilities in regular elementary schools. The district responsible for the special education and related services for a child must ensure that the placement is based upon the individualized education program and meets the unique needs of the child.

• Districts that do not operate programs for nondisabled preschool children are not required to initiate such programs solely to satisfy the requirements regarding placement in the least restrictive environment. Similarly, districts are not required to establish extensive contract programs with private schools which serve both children with disabilities and children without disabling conditions solely to implement LRE requirements. Generally, the use of facilities which are separate or otherwise solely devoted to children with disabilities is permissible only when necessary to meet an individual child's specific needs, and should not be the only option available.

Consider any potential harmful effects on the student or on the quality of services that he or she needs.

300.552(d)

Determine and specify the appropriate instructional setting.

89.1075(d)

Provide an explanation of the extent, if any, to which the student will not participate with nondisabled students:

300.347(a)(4)

• In the regular class (including while advancing toward attaining the student’s annual goals and progressing in the general curriculum).

300.347(a)(4)
300.347(a)(3)

• In extracurricular and other nonacademic activities.

300.347(a)(4)
300.347(a)(3)

• In other activities.

300.347(a)(4)
300.347(a)(3)

Determine and specify the appropriate length of day for each student. Students with disabilities shall have available an instructional day commensurate with that of students without disabilities.

89.1075(d)

Document the campus and indicate the placement is as close as possible to the student's home.

300.552(b)

If the student is not educated in the school that he or she would attend if nondisabled, document why the IEP requires some other arrangement.

300.552(c)

For a student residing in a RF, determine the appropriate educational placement for the student, considering all available information regarding the educational needs of the student, and including the non-educational needs that may restrict the ability of the district to serve the student on a public school campus or other instructional setting. These non-educational needs could include the student's health and safety (e.g. substance abuse), and/or the student's placement in a restrictive RF program (e.g., juvenile incarceration or restrictive court-ordered placements). The ARD committee's determination must be individualized based on student need and not made on a categorical basis, such as the student's disability or residence in an RF. Further, ARD committees must not determine educational placement on the basis of what is most convenient to LEAs or RFs.  

89.1115(d)(3)(B)

• Determine whether space available at the RF is adequate for the education of the individual student.  This determination must be based on the individual student’s needs and the RF’s description of available space.

89.1115(d)(4)(A)

• If the ARD committee decides that the space described by the RF is not adequate for the education of the individual student in question or the RF has no available space, find alternative locations for providing educational services.

89.1115(d)(4)(B)

When placing the student in a residential placement:

89.61(a)(4)(A)

• List the services which the school district is unable to provide and which the facility will provide.

89.61(a)(4)(B)

• Establish criteria and estimated timelines for the student's return to the district.

89.61(a)(4)(C)

• Document the appropriateness of the facility for the student.

89.61(a)(4)(D)

• The school district shall make an initial and an annual on-site visit to verify that the residential facility can, and will, provide the services listed in the student's IEP which the facility has agreed to provide to the student.

• Verify the facility meets minimum standards for health and safety.

• Verify residential placement is needed and is documented in the IEP.

• Verify the educational program provided at the residential facility is appropriate and the placement is the least restrictive environment for the student.

89.61(a)(4)(F)(iii)

A student’s ARD committee may place the student at the Texas School for the Blind and Visually Impaired (TSBVI) or the Texas School for the Deaf (TSD). 

TEC 30.021
TEC 30.057
89.1085(c)(1)

• List those services in the student’s IEP which the district cannot appropriately provide in a local program and which the TSBVI or the TSD can appropriately provide.

89.1085(c)(1)

• The district may make an on-site visit to verify that the TSBVI or the TSD can and will offer the services listed in the individual student's IEP and to ensure that the school offers an appropriate educational program for the student.

89.1085(c)(2)

89.1090

• Include criteria and estimated timelines for returning the student to the resident school district.

89.1085(c)(3)

• For students placed by their parents or legal guardians at the TSD, the TSD shall be responsible for assuring that a FAPE is provided to the student at the TSD.

TEC 30.057(a)(2)
89.1085(d)

Assure that removal of students with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

300.550(b)(2)

Assure that each student with a disability participates in nonacademic and extracurricular services and activities, including meals and recess periods, with nondisabled students to the maximum extent appropriate to the needs of that student.

300.553
300.306

Assure that to the maximum extent appropriate, students with disabilities, including students in public or private institutions or other care facilities, are educated with students who are nondisabled.

300.550(b)(1)

Include the date, names, positions, and signatures of the members participating in each meeting.

89.1050(e)

Indicate each member's agreement or disagreement with the committee's decisions.

89.1050(e)

A decision of the committee concerning required elements of the IEP shall be made by mutual agreement of the required members if possible.

89/1050(h)

When mutual agreement about all required elements of the IEP is not achieved, offer the parents or adult student who disagrees a single opportunity to have the committee recess for a period of time not to exceed ten school days (except when the student’s presence on the campus presents a danger of physical harm to the student or others or when the student has committed an expellable offense or an offense which may lead to a placement in an AEP). The committee must:

89.1050(h)(1)

• Determine by mutual agreement prior to the recess, the date, time, and place for continuing the ARD committee meeting.

89.1050(h)(3)

• Provide a written statement of the basis for the disagreement.

89.1050(h)(5)

• Offer the members who disagree the opportunity to write their own statements.

89.1050(h)(5)

During the recess, the committee members shall consider alternatives, gather additional data, prepare further documentation, and/or obtain additional resource persons which may assist in enabling the ARD committee to reach mutual agreement.

89.1050(h)(2)

If a ten-day recess is implemented and the ARD committee still cannot reach mutual agreement, provide Prior Written Notice.

89.1050(h)(4)
89.1050(h)(6)

The district shall give the parent a copy of the child’s IEP (ARD record) at no cost to the parent.

300.345(f)
89.1050(a)
89.1050(e)

The district shall also ensure that each teacher who provides instruction to a student with disabilities receives relevant sections of the student's current IEP and that each teacher be informed of specific responsibilities related to implementing the IEP, such as goals and benchmarks, and of needed accommodations, modifications, and supports for the child.

89.1075(c)

If the student’s parent is unable to speak English, either:

TEC 29.005(d)  

• Provide the parent with a written or audiotaped copy of the student’s IEP (ARD record) translated into Spanish if Spanish is the parent’s native language.

TEC 29.005(d)(1)
89.1050(e)

• If the parent's native language is a language other than Spanish, make a good faith effort to provide the parent with a written or audiotaped copy of the student’s IEP (ARD record) translated into the parent’s native language.

TEC 29.005(d)(2)  
89.1050(e)