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 Deaf Admissions FAQs; 2014 Guidelines and Standards for Educating Students with Visual Impairments in Texas; Texas School for the Blind and Visually Impaired General Information for Parents
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
BEHAVIOR


P In the case of the 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)

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

D
  • Other strategies to address that behavior.
300.324(a)(2)(i)

P If the ARD committee determines that a behavior improvement plan or a behavioral intervention plan (BIP) is appropriate for the child, the plan must be: TEC 29.005(g)

D
  • Included as part of the child's individualized education program (IEP); and
TEC 29.005(g)
89.1055(g)

P
  • Provided to each teacher with responsibility for educating the child.
TEC 29.005(g)
89.1055(g)

P When considering including time-out, as part of the child's IEP and/or BIP, the ARD committee must: 89.1053(i)

P

D
  • Address any necessary documentation or data collection; and
89.1053(i)

D
  • Use any collected data to judge the effectiveness of the intervention and provide a basis for making determinations regarding its continued use.
89.1053(i)

LIMITED ENGLISH PROFICIENCY


D In the case of the child with limited English proficiency, the ARD committee must consider the language needs of the child as such needs relate to the child's IEP. 300.324(a)(2)(ii)

P If the child is identified as an English language learner, the ARD committee must comply with the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEMBERSHIP framework by including a professional member of the language proficiency assessment committee (LPAC) to serve on the ARD committee. 89.1050(c)(1)(J)

P The decision for entry into a bilingual education or English as a second language (ESL) program must be determined by the ARD committee in conjunction with the LPAC and must comply with the STATE AND DISTRICTWIDE ASSESSMENTS framework. 89.1225(f)(4)

P If the tests approved by the commissioner of education for indicating limited English proficiency would be inappropriate as part of the child's IEP, the ARD committee in conjunction with the LPAC must: 89.1225(f)(4)
89.1225(d)

P
  • Determine an appropriate assessment instrument; and
89.1225(f)(4)

P
  • Designate the level of performance for indicating limited English proficiency.
89.1225(f)(4)

P The decision to exit the child who receives both special education and special language services from the bilingual education or ESL program is determined by the ARD committee in conjunction with the LPAC. 89.1225(k)
89.1225(h)

P If the standard tests used to exit children from the bilingual or ESL program would be inappropriate as part of the child's IEP, the ARD committee in conjunction with the LPAC must determine an appropriate assessment instrument and performance standard requirement. 89.1225(k)
89.1225(h)

BLIND OR VISUALLY IMPAIRED


P In the case of the 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 either: 300.324(a)(2)(iii)

D
  • Provide for reading and writing instruction in braille and the use of braille; or
300.324(a)(2)(iii)

D
  • Determine that instruction in braille or the use of braille is not appropriate.
300.324(a)(2)(iii)

P Before placing the child with a visual impairment in a classroom setting, or within a reasonable period of time after placement, the local educational agency (LEA) must provide: TEC 30.002(c)(4)

D
  • Evaluation of the impairment; and
TEC 30.002(c)(4)(A)
TEC 30.002(e)(4)

D
  • Instruction in an expanded core curriculum, which is required for the child to succeed in classroom settings and derive lasting, practical benefits from the education by the LEA, including instruction in:
TEC 30.002(c)(4)(B)
TEC 30.002(e)(4)

D
    • Compensatory skills, such as braille and concept development, and other skills needed to access the rest of the curriculum;
TEC 30.002(c)(4)(B)(i)
TEC 30.002(e)(4)
Guidelines and Standards for Educating Students with VI in TX

D
    • Orientation and mobility;
TEC 30.002(c)(4)(B)(ii)
TEC 30.002(e)(4)
300.34(c)(7)
Guidelines and Standards for Educating Students with VI in TX

D
    • Social interaction skills;
TEC 30.002(c)(4)(B)(iii)
TEC 30.002(e)(4)
Guidelines and Standards for Educating Students with VI in TX

D
    • Career planning;
TEC 30.002(c)(4)(B)(iv)
TEC 30.002(e)(4)
Guidelines and Standards for Educating Students with VI in TX

D
    • Assistive technology, including optical devices;
TEC 30.002(c)(4)(B)(v)
TEC 30.002(e)(4)
Guidelines and Standards for Educating Students with VI in TX

D
    • Independent living skills;
TEC 30.002(c)(4)(B)(vi)
TEC 30.002(e)(4)
Guidelines and Standards for Educating Students with VI in TX

D
    • Recreation and leisure enjoyment;
TEC 30.002(c)(4)(B)(vii)
TEC 30.002(e)(4)
Guidelines and Standards for Educating Students with VI in TX

D
    • Self-determination; and
TEC 30.002(c)(4)(B)(viii)
TEC 30.002(e)(4)
Guidelines and Standards for Educating Students with VI in TX

D
    • Sensory efficiency.
TEC 30.002(c)(4)(B)(ix)
TEC 30.002(e)(4)
Guidelines and Standards for Educating Students with VI in TX

P The ARD committee must develop an IEP that: TEC 30.002(e)
89.1055(d)

D
  • Provides a detailed description of the arrangements made to provide the child with an evaluation of the impairment and instruction in the expanded core curriculum required for children with visual impairments;
TEC 30.002(e)(4)
300.34(c)(7)

D
  • Sets forth the plans and arrangements made for contacts with and continuing services to the child beyond regular school hours to ensure the child receives the instruction required for children with visual impairments; and
TEC 30.002(e)(5)
TEC 30.002(c)(4)

D
  • Reflects that the child has been provided a detailed explanation of the various service resources available in the community and throughout the state.
TEC 30.002(e)(3)

P When developing the IEP for the child who is functionally blind, according to the Texas Education Agency's criteria: TEC 30.002(f)

P
  • Proficiency in braille reading and writing is presumed to be essential for the child's satisfactory educational progress;
TEC 30.002(f)

P
  • Each person assisting in the development of the child's IEP must receive information describing the benefits of braille instruction;
TEC 30.002(f)

D
  • The ARD committee must provide for braille reading and writing instruction 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 level;
TEC 30.002(f)

P
  • Braille instruction may be used in combination with other special education services appropriate to the child's educational needs;
TEC 30.002(f)

D
  • The ARD committee must specify the appropriate learning medium based on the full individual and initial evaluation; and
TEC 30.002(f)

D
  • The ARD committee must ensure that instruction in braille will be provided by a teacher certified to teach children with visual impairments.
TEC 30.002(f)

D The LEA must provide each parent with the state-adopted form that contains written information about programs offered by state institutions. TEC 30.004
TSBVI General Information for Parents

COMMUNICATION


D The ARD committee must consider the communication needs of the child. 300.324(a)(2)(v)

DEAF OR HARD OF HEARING


P In the case of the child who is deaf or hard of hearing, the ARD committee must consider: 300.324(a)(2)(iv)

D
  • The child's language and communication needs;
300.324(a)(2)(iv)

D
  • The child's opportunities for direct communications with peers and professional personnel in the child's language and communication mode;
300.324(a)(2)(iv)

D
  • The child's academic level; and
300.324(a)(2)(iv)

D
  • The child's full range of needs, including opportunities for direct instruction in the child's language and communication mode.
300.324(a)(2)(iv)

P The LEA must ensure that the child who is deaf or hard of hearing has an education in which the child's unique communication mode is respected, used, and developed to an appropriate level of proficiency. TEC 29.303

D The LEA must provide each parent with the state-adopted form that contains written information about programs offered by state institutions. TEC 30.004
TSD Admissions FAQs

ASSISTIVE TECHNOLOGY


D The ARD committee must consider whether the child needs assistive technology devices and services. 300.324(a)(2)(v)

P The term assistive technology device (ATD) is 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 the child with a disability. 300.5

P The term ATD does not include a medical device that is surgically implanted, or the replacement of such device. 300.5

P

The term assistive technology service means any service that directly assists the child with a disability in the selection, acquisition, or use of an ATD, and includes:

300.6

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

300.6(a)

P
  • Purchasing, leasing, or otherwise providing for the acquisition of ATDs by the child;

300.6(b)

P
  • Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing ATDs;

300.6(c)

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

300.6(d)

P
  • Training or technical assistance for the child or, where appropriate, the family of the child; and
300.6(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 the child.
300.6(f)

AUTISM


P In the case of the 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, and when needed, addressed in the IEP: 89.1055(e)
300.320(a)(4)

D
  • Extended educational programming (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
  • Daily schedules reflecting minimal unstructured time and active engagement in learning activities (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
  • In-home and community-based training or viable alternatives that assist the child with acquisition of social/behavioral skills (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
  • Positive behavior support strategies based on relevant information (for example: antecedent manipulation, replacement behaviors, reinforcement strategies, and data-based decisions; and a BIP developed from a functional behavioral assessment that uses current data related to target behaviors and addresses behavioral programming across home, school, and community-based settings);
89.1055(e)(4)

D
  • Beginning at any age, consistent with the TRANSITION SERVICES framework, 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(h)

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

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

P
    • Includes information regarding resources (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); and
    89.1055(e)(6)(B)

    P
      • Facilitates parental carryover of in-home training (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);
        89.1055(e)(6)(C)

        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 as determined by, for example:
        89.1055(e)(7)

        P
          • Adaptive behavior evaluation results;
        89.1055(e)(7)(A)

        P
          • Behavioral accommodation needs across settings; and
        89.1055(e)(7)(B)

        P
          • Transitions within the school day;
        89.1055(e)(7)(C)

        D
        • Communication interventions, including language forms and functions that enhance effective communication across settings (for example: augmentative, incidental, and naturalistic teaching);
        89.1055(e)(8)

        D
        • Social skills supports and strategies based on social skills assessment/curriculum and provided across settings (for example: trained peer facilitators [e.g., circle of friends], video modeling, social stories, and role playing);
        89.1055(e)(9)

        D
        • Professional educator/staff support (for example: training provided to personnel who work with the child to assure the correct implementation of techniques and strategies described in the IEP); and
        89.1055(e)(10)

        D
        • Teaching strategies based on peer-reviewed, research-based practices for children with autism spectrum disorder (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 If the ARD committee determines that services are not needed in one or more of the areas specified above, the ARD committee must include a statement in the IEP to that effect and the basis upon which the determination was made. 89.1055(f)
        89.1055(e)

         
         
        Last Updated: Tuesday, April 14, 2015