Special Education Operating Guidelines

Transcription

1 Special Education Operating Guidelines Special Education Cooperative Cotulla ISD, Dilley ISD, Pearsall ISD Revised as of June 2011

2 Special Education Operating Guidelines The Special Education Cooperative Serving the Districts of Cotulla ISD, Dilley ISD, and Pearsall ISD Contact Information Mailing address: 318 Berry Ranch Road Pearsall, TX Director of Special Education: Valerie Dykstra Phone: Fax: For Records: Grace Perez Phone: ex: 1132 Copyright 2011 by Special Education Cooperative Designed and Produced By: Lisa Marie Benton Contact Information

3 Special Education Operating Guidelines TABLE OF CONTENTS CATEGORIES OF ELIGIBILITY... 1 LOCATING STUDENTS WHO NEED SPECIAL EDUCATION SERVICES... 2 CHILD FIND... 2 CHILD FIND DUTY... 2 CONTACT INFORMATION FOR CHILD FIND... 3 PROHIBITION ON MANDATORY MEDICATION... 4 DYSLEXIA SERVICES... 4 RESPONSE TO INTERVENTION... 5 REFERRAL FOR POSSIBLE SPECIAL EDUCATION SERVICES... 5 FULL AND INDIVIDUAL EVALUATION... 6 REVIEW OF EXISTING EVALUATION DATA (REED)... 6 Aspects of a REED... 6 Requirements If Additional Data Are Not Needed... 7 EVALUATION PROCEDURES... 7 Group of Qualified Professionals... 7 Initial Evaluations... 8 Reevaluations... 8 Other Evaluation Data... 8 ADMISSION, REVIEW AND DISMISSAL (ARD) COMMITTEE ARD COMMITTEE TEAM COMPOSITION ATTENDANCE EXEMPTIONS FOR ARD COMMITTEE MEMBERS PARENT PARTICIPATION WITHIN THE ARD COMMITTEE Conducting an ARD Committee Meeting Without a Parent in Attendance Use of Interpreters INDIVIDUALIZED EDUCATION PROGRAM (IEP) COMPONENTS OF THE IEP ADMISSION, REVIEW AND DISMISSAL (ARD) MEETINGS ANNUAL MEETING INITIAL ARD MEETING REVISING THE IEP PARENT REQUEST FOR AN ARD MEETING REACHING CONSENSUS AMENDMENTS TO THE IEP WITHOUT AN ARD MEETING ADMISSION, REVIEW AND DISMISSAL (ARD) DETERMINATIONS DETERMINATION OF ELIGIBILITY PRESENT LEVELS OF THE CHILD Table of Contents

4 Special Education Operating Guidelines ANNUAL GOALS STATE- AND DISTRICT-WIDE ASSESSMENTS Basic Definitions of Services Providing Services Determining an Intensive Program for a child due to State Assessment Results EXTENDED SCHOOL YEAR (ESY) SERVICES Limitations Determining Need for ESY Services LEAST RESTRICTIVE ENVIRONMENT FACTORS FOR CONSIDERATION PLACEMENT DETERMINATION CHILDREN RESIDING IN A RESIDENTIAL FACILITY WHEN MAKING A RESIDENTIAL EDUCATIONAL PLACEMENT Texas School for the Blind and Visually Impaired (TSBVI) and Texas School for the Deaf (TSD) Placement PARENT: DEFINITION AND REQUIREMENTS REQUIREMENTS FOR FOSTER PARENT TO SERVE AS A PARENT APPOINTMENT OF A SURROGATE PARENT ADULT STUDENT PRIOR WRITTEN NOTICE CONSENT CONSENT FOR INITIAL EVALUATION If Consent is not Obtained, Despite Reasonable Efforts CONSENT FOR INITIATING SERVICES If Consent is not Obtained, Despite Reasonable Efforts If Consent is not Obtained, Despite Reasonable Efforts CONSENT FOR REEVALUATION If Consent is not Obtained, Despite Reasonable Efforts CONSENT TO EXCUSE A MEMBER FROM ATTENDING AN ARD COMMITTEE MEETING CONSENT TO ACCESS PUBLIC BENEFITS CONSENT TO ACCESS PRIVATE INSURANCE CONSENT TO TRANSFER ASSISTIVE TECHNOLOGY DEVICES If Consent is not Obtained, Despite Reasonable Efforts CONSENT FOR DISCLOSURE OF CONFIDENTIAL INFORMATION SERVICES BIRTH THROUGH AGE EARLY CHILDHOOD INTERVENTION (ECI) INDIVIDUALIZED FAMILY SERVICES PLAN (IFSP) TRANSITION FROM ECI TO PRESCHOOL PROGRAMS PRESCHOOL PROGRAMS Table of Contents

5 Special Education Operating Guidelines TRANSITION SERVICES DEVELOPING POSTSECONDARY GOALS DEVELOPING A COORDINATED SET OF ACTIVITIES ASSESSMENTS TRANSITION RESPONSIBILITIES PERSONAL GRADUATION PLAN GRADUATION Graduation Due to Satisfactory Completion of Regular Curriculum and Credit Requirements Graduation Due to Successful Completion of the IEP Graduation Due to Successful Completion of the IEP and No Longer Meeting Age Eligibility Requirements Children Who Have Completed Four Years of High School but Have Not Met Graduation Requirements Senate Bill 673 Graduation Ceremony School District Requirements SUMMARY OF PERFORMANCE DISCIPLINE AUTHORITY OF SCHOOL PERSONNEL Authority to Remove for Less than 10 Consecutive Days Authority to Remove for More than 10 Consecutive Days Limitation on General Authority CHANGE OF PLACEMENT Federal and State Requirements Decision Notification MANIFESTATION DETERMINATION Federal and State Requirements Disciplinary ARD Process Information Requirements Prior to ARD Determination WHEN BEHAVIOR IS A MANIFESTATION WHEN BEHAVIOR IS NOT A MANIFESTATION SERVICES DURING PERIODS OF REMOVAL Removals for 10 or Less Cumulative Days Removals for More than 10 Cumulative Days that are Not a Change of Placement Removals that Are a Change of Placement Special Circumstances RESTRAINT AND TIME-OUT FEDERAL AND STATE REQUIREMENTS Seclusion and Confinement Table of Contents

6 Special Education Operating Guidelines PHYSICAL RESTRAINT Required Documentation TIME-OUT Required Documentation INCARCERATED STUDENTS TRANSFER OF PARENTAL RIGHTS TRANSFER STUDENT WHEN AN EVALUATION IS PENDING INDIVIDUALIZED EDUCATION PROGRAM (IEP) FOR TRANSFERS WITHIN THE STATE INDIVIDUALIZED EDUCATION PROGRAM (IEP) FOR TRANSFERS OUTSIDE THE STATE PRIVATE SCHOOLS CONSULTATIONS RIGHT OF THE PRIVATE SCHOOL OFFICIAL TO COMPLAIN DUAL ENROLLMENT CONTACT INFORMATION MAILING INFORMATION DIRECTOR OF SPECIAL EDUCATION CONTACT PERSON FOR RECORDS Table of Contents

7 Categories of Eligibility Categories of Eligibility The school district is required by law to make a referral to evaluate a student for special education services at any time it suspects that a child has a disability and a need for special education services. A child must be assessed in all areas of suspected disability. There are 13 categories of qualification for special education: Auditory Impairment (from birth) Autism Deaf-Blindness (from birth) Emotional Disturbance Mental Retardation Multiple Disabilities Noncategorical Early Childhood (ages 3-5) Orthopedic Impairment Other Health Impairment Specific Learning Disability Speech or Language Impairment Traumatic Brain Injury Visual Impairment (including blindness) (from birth) From birth means that the school district is responsible for providing services for children with those disabilities from the time the child is born. However, the school district is only responsible for providing services to those who qualify for the other categories after the child turns three years old. For more information on the process of locating and referring children who may be eligible for special education services, see the Child Find section. For more information on the evaluation process, see the section titled Full and Individual Evaluation. 1

8 Full and Individual Evaluation Locating Students Who Need Special Education Services It is the responsibility of the school district to identify children with disabilities in their area who have the need for special education services and would benefit from specially-designed instruction. Child Find Child Find is the system that school districts must follow and implement at a local level to locate children with disabilities in order to provide the services those children qualify for and have a right to receive. It is a continuous process of public awareness activities, screening, and evaluation designed to locate, identify, and refer as early as possible all young children with disabilities and their families who are in need of services. In order to begin to understand this process, it is first important to understand the following two basic definitions of special education. First, special education is specially-designed instruction, delivered at no cost to parents, to meet the unique needs of a child with a disability. This may include instruction conducted in the classroom, in the home, in hospitals and institutions, in physical education, and/or other settings. Second, the phrase child with a disability means a child with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness, serious emotional disturbance (referred to as emotional disturbance ), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities and who, as a result of their disability, needs special education and related services. Child Find Duty All children residing in the state who have disabilities, regardless of the severity of their disabilities, and who are in need of special education and related services must be identified, located, and evaluated. It is the responsibility of the school district to reach out to the community in an effort to identify children with special needs. The school district is required to provide services for some disabilities from a child s time of birth; therefore, schools must be acting proactively to reach these students before they reach school age. The duty extends to children who are homeless, wards of the state, highly mobile (including migrant children), or attending private schools. It also extends to children who are suspected of being in need of special education but who are still advancing from grade to grade. A student is not required to fail a grade level or classes to qualify for special education. 2

9 Full and Individual Evaluation The school district is required to have a system in place to help identify children with disabilities in private elementary and secondary schools as well as to provide them with activities and services similar to those administered for public school children. In order to maintain a system of public awareness of the special education program, the school district is currently implementing a monthly notice in the city newspaper which informs the community on how to help identify if children they know may have disabilities, who to notify for evaluation (in most circumstances, the school district will step in to conduct an evaluation) if a disability is suspected, and the services that may be available to the child if he or she does have a disability. This system of public awareness is largely for helping to identify children who are not yet of school age but who have a disability and are eligible for enrollment in a special education program and the services the program can provide. The school district must comply with Texas s policies and procedures designed to prevent the inappropriate over-identification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment. Contact Information for Child Find Locating a child with a disability does not have to begin with the actions of a school district. Those closest to the child, often a relative or friend, are usually the first to notice that the child may have a disability. It is important to refer a child who you suspect may have a disability because early identification and intervention can prevent failure and frustration. All individuals develop at their own pace, but some have more difficulty and need more help than others to learn. Special attention to teaching and learning strategies may help individuals overcome barriers that their disabilities can create. Child Find is the process designed to identify, locate, and evaluate individuals (birth through 21 years of age) with disabilities who may need the assistance of special education services. Anyone can start the Child Find process. A parent, doctor, teacher, relative, or even a friend can call the school district s Child Find contact. To make a referral or to ask questions about Child Find, you can contact the Special Education Department by calling (830) and asking for the Special Education Department. If the child is not yet of school age, you can also contact the local Early Childhood Intervention Coordinator and ask for the Disabilities Coordinator. After a child has been referred, the parent(s) or legal guardian(s) will be contacted by the school district. The parents and the school will decide if an evaluation is 3

10 Full and Individual Evaluation needed. If needed, an evaluation plan will be created to assess the child s individual areas of concern. The actual evaluation process will be conducted by a qualified school district employee or by agency personnel working through the school district. After the evaluation has been conducted, the parents and evaluation personnel will have a meeting to discuss the results and whether or not the child is eligible for special education services or related services. Related services could include services such as occupational therapy, physical therapy, or transportation. Important Note: All services are provided at NO cost to the individual or parents. Prohibition on Mandatory Medication School district personnel are prohibited from requiring a child to obtain a prescription for a substance covered by the Controlled Substances Act as a condition of attending school, receiving an evaluation, or receiving services under Individuals with Disabilities Education Act (IDEA). However, teachers and other school personnel are not prohibited from consulting or sharing classroom-based observations with parents or guardians regarding a child s academic and functional performance, behavior in the classroom or school, or regarding the need for evaluation for special education or related services. Dyslexia Services Dyslexia is defined as a disorder of constitutional origin that manifests as a difficulty in learning to read, write, or spell, despite conventional instruction, adequate intelligence, and sociocultural opportunity. Related disorders to dyslexia include disorders, such as developmental auditory imperceptions, dysphasia, specific developmental dyslexia, developmental dysgraphia, and developmental spelling disability. Children enrolling in public schools must be tested for dyslexia and related disorders at appropriate times in accordance with a program approved by the State Board of Education. In accordance with the program approved by the State Board of Education, the board of trustees of each school district must provide for the treatment of any child determined to have dyslexia or a related disorder. The school district has a dyslexia coordinator who handles the dyslexia program. Dyslexia services may include a separate dyslexia teacher or other in-class accommodations. Finding that a child has dyslexia does not qualify the child for special education. There are separate services available through the school district s dyslexia program that will be made available to the child with dyslexia or one of its related disorders. A child can qualify for special education under a different disability and also have 4

11 Full and Individual Evaluation dyslexia, but it is not the dyslexia that qualifies the student for special education services. For example, a student could qualify under a reading disability with dyslexia being a component of that disability. In the case where a student has both a special education qualifying disability and dyslexia, the special education department and dyslexia program will coordinate efforts to best assist the child. Response to Intervention The school district is required to have a system in place to help students who are having academic, behavioral, and/or language difficulties. The system is designed to assist in remediating deficits students are experiencing in these difficulty areas. The intervention is scientifically based, which means it must implement systems and techniques that have already be scientifically proven to be effective. The system includes a team of professionals from the student s campus, known as the Student Assistance Team (SAT). After a student is placed in an intervention system, the SAT monitors the student s progress and adjusts the instruction based on how the student is responding to the interventions. This process of monitoring and adjusting is referred to as the RtI (Response to Intervention) process. This RtI process grows more intense when the student does not respond as expected. Only after this process and its multiple levels are attempted and have been found to be unsuccessful for the student should the SAT make a referral to the Special Education Department for consideration for a special education evaluation. Referral for Possible Special Education Services If a child is continuing to experience difficulty in the general classroom after interventions have been attempted, a full and individual evaluation may be required. A parent of a child, a state agency representative, or a local qualified school district employee may initiate a request for an initial evaluation. Note: The school district must have in place procedures for processing referrals from private schools in their area. For more information, see the Categories of Eligibility section for more details on what qualifies a child for special education services. 5

12 Full and Individual Evaluation Full and Individual Evaluation Review of Existing Evaluation Data (REED) The first step in the full and individual evaluation (FIE) is to review all existing data on the child, if there is any. This includes any evaluation and information provided by the parents of the child, current assessments and classroom-based observations, and observations by teachers and related services providers. This review (REED) must be conducted as part of any reevaluation of the child. It is important to note that a child having been screened by a teacher or other specialist to help determine appropriate instructional strategies for curriculum implementation is NOT considered to be an evaluation for eligibility for special education and related services. For example, just the fact that a teacher came up with an adaptation in the classroom to help the student understand the curriculum does not mean that this teacher s evaluation of the situation can serve as an evaluation for eligibility for special education or related services. An FIE and ARD committee determination is needed to determine that a child is eligible for special education and related services. (For more information on the ARD committee, see the ARD Committee section.) Aspects of a REED A review of existing evaluation data (REED) must be conducted by the ARD committee. A REED is required as part of an initial evaluation and, if appropriate, as part of any reevaluation. The ARD committee may conduct this review without a meeting. The ARD committee members must review any existing evaluation data on the child which may include the previous individual family service plan (IFSP), evaluations and information provided by the parents of the child, current classroom-based local or state assessments and classroom-based observations, and observations from teachers and related services providers. After reviewing this data, the ARD committee members determine if any additional information is needed in order to make a determination of whether or not the child is a child with a disability, the educational needs of the child, or (in the case of a reevaluation) whether the child continues to have a disability and his or her educational needs. They must also determine whether the child needs special education and related services or (in the case of a reevaluation) the child needs to continue with special education and related services. The ARD committee will determine the child s present level of academic achievement and any areas of developmental need. The committee will also decide if any additions or modifications to the current services are needed in order to enable the child to meet the measurable annual goals set out in the individualized education program (IEP) of the child and to participate as appropriate in the general 6

13 Full and Individual Evaluation educational curriculum. (For more information on the IEP, see the individualized education program, IEP, section.) The school district must administer any assessments and other evaluation measures that are needed to produce the data identified by the REED. Also, the school district must provide prior written notice as well as obtain consent, when appropriate, for an evaluation to occur. Requirements If Additional Data Are Not Needed If no additional data are needed to determine whether or not the child has a disability or continues to be a child with a disability or to determine their educational needs, the school district must notify the child's parents of the determination and the reasons for that determination. It must also notify the parents of their rights to request an assessment to determine if the child continues to be a child with a disability and to determine the child's educational needs. However, the school district is not required to conduct an assessment unless it is requested by the child's parents. Evaluation Procedures Evaluations are conducted for two main reasons: 1) To determine whether or not the child has a disability, and/or 2) To determine or reevaluate the content of the child s IEP. The determination or reevaluation of the IEP includes analyzing information related to enabling the child to be involved in and progress successfully in the general education curriculum or, in the case of preschool children qualifying for the Preschool Program for Children with Disabilities (PPCD), successfully participating in developmentally appropriate activities. (For more information on PPCD, see the Services Birth through Age 5 section.) Group of Qualified Professionals Evaluations must be conducted and evaluated by a multidisciplinary team, including qualified professionals. In most situations, a diagnostician will conduct the evaluation and present the data to the ARD committee. However, in certain situations and with certain disabilities, the evaluation will be conducted by a licensed specialist in school psychology (LSSP), a certified or licensed practitioner with experience and training in the area of the child s suspected disability, or a certified or licensed professional experienced in the child s suspected area of 7

14 Full and Individual Evaluation eligibility. The assessment personnel are required to consider all data; however, it is up to these professionals to determine which evaluation data will be used to identify a disability. Initial Evaluations The initial evaluation is the first evaluation of the student conducted to determine whether or not a child has a disability and the educational needs of the child. A full and individual evaluation (FIE) must be conducted by the school district before special education and related services can be arranged for a child with a disability. The evaluation must be conducted, and the report must be completed within 60 days of receiving parental consent for the evaluation. The exception to this timeline is if the parent of the child repeatedly fails or refuses to produce the child for the evaluation or if the child enrolls in school after the 60 day timeframe has begun. If the enrollment occurs after the 60 day timeframe has begun, the school district must comply with the proper transferring student procedure. Reevaluations A reevaluation is conducted as a reassessment of a child who has already been determined to have a disability and a need for specific educational assistance. A reevaluation may be conducted under the following conditions: If a reevaluation is requested by the child s parents or teacher. If the school district determines the educational or related services needs warrant a reevaluation. This could include reasons like improved academic achievement and functional performance. Before determining that the child is no longer a child with a disability. If a Summary of Performance is needed. (See the Summary of Performance section for more information) Note: A reevaluation is not required before the termination of a child s eligibility if it is due to graduation from secondary school with a regular diploma or due to exceeding the age eligibility for a free appropriate public education (FAPE). Other Evaluation Data The evaluation cannot use only one measure or assessment to determine whether or not the child has a disability or what would be an appropriate educational plan for the child. Assessments and other evaluation material used to assess and determine eligibility and education plans must be provided and administered in the language 8

15 Full and Individual Evaluation most likely to yield accurate information on what the child knows and can do (Unless it is not feasible to provide or administer). For example, if the child knows Spanish fluently but struggles to read English, the assessment would be more accurate if provided and conducted in Spanish. This is only for assessments determining eligibility and/or to evaluate the child s learning potential. The assessments must cover all areas of suspected disability. These may include assessments, if appropriate, regarding health, vision, hearing, social and emotional status, general intelligence, academic performance, ability to communicate, and motor abilities. Assessments should be selected and administered based on their ability to measure the specific areas of suspected disability. The assessments should not only provide a single general intelligence quotient, which is the IQ score resulting from a standard IQ test. However, an IQ test may be a valid and informative assessment in conjunction with other assessments. The evaluation must cover all of the suspected areas of need for the child, even if the suspected areas are not commonly associated with the disability category in which the child has been classified. These needs may be special education or related services needs. 9

16 Admission, Review and Dismissal (ARD) Committee Admission, Review and Dismissal (ARD) Committee The school district is responsible for establishing an admission, review and dismissal (ARD) committee for each eligible child with a disability and for each child who is suspected to have a disability and has an initial Full and Individual Evaluation (FIE) conducted. (See the Full and Individual Evaluation section for more details on the FIE process.) The ARD committee has three main tasks they are responsible for under federal law: 1) Eligibility 2) Individualized Education Program (IEP) 3) Placement ARD Committee Team Composition The ARD Committee is composed of the following individuals: 1) At least one regular education teacher of the child with a disability (if the student is in the general education environment) 2) At least one special education teacher 3) A school district administrator 4) An individual who can interpret the instructional implication of the evaluation data and assessment results (In most cases this will be a diagnostician; although, outside of eligibility determination, it may be one of the other ARD members listed.) 5) The parents of the child (Optional if the student is an adult.) 6) The child with a disability (Whenever appropriate the child must be present for ARD meeting where Transition Services are being considered.) 7) Other individuals who have knowledge or special expertise regarding the child, at the discretion of the parent or the district If the child has an auditory impairment, a teacher who is certified in the education of children with auditory impairments must be present. If the child has a visual impairment, a teacher who is certified in the education of child with visual impairments must be present. If the child has limited English proficiency, a member of the language proficiency assessment committee (LPAC) must be present to address the child s language needs when the ARD committee is making a determination on State-wide Assessments. If the ARD committee is meeting to consider initial or continued placement of a child in career and technical education (CTE), a representative from CTE (preferably the CTE teacher) must be present. 10

17 Admission, Review and Dismissal (ARD) Committee The special education teacher will participate in the development, review and revision of the IEP. This includes the determination of appropriate positive behavioral interventions and supports and other strategies for the child and supplementary aids and services, program modifications, and supports for school personnel. Other individuals who have knowledge or special expertise regarding the child may include related services personnel, the ECI service coordinator, or other ECI representatives. The ECI representatives may help facilitate transition from Early Childhood Intervention to Preschool Programs. Attendance Exemptions for ARD Committee Members A member does not have to attend an ARD meeting if the parent and school district agree that the member s attendance is not necessary and if the member s area of the curriculum or related services is not being modified or discussed at the meeting. The parent s agreement to the member s absence must be in writing. If the meeting does involve the member s area of curriculum or related services, the member must submit input into the development of the individualized education program (IEP) to the parent and the ARD committee prior to the meeting. (For more information on the IEP, see the Individualized Education Program section.) The parent and school district must still consent, and the parent s approval must still be in writing. Parent Participation within the ARD Committee The school district must attempt to ensure that the parent of a child with a disability is present at each ARD committee meeting and/or is given the opportunity to participate. If the parent is unable to attend the meeting in person, the parent may participate through telephone or video conferencing during the meeting. In order to insure that the parent has been given a real chance to attend the meeting, prior written notice of at least five school days must be given, notifying the parent of the meeting and attempting to schedule the meeting at a mutually agreed-upon time and place. Any activities that are for the purpose of gathering information and preparing material for the ARD meeting do not qualify as meetings. An ARD meeting does not include any informal or unscheduled conversations involving school district personnel and conversations on issues such as teaching methods, lesson plans, or the coordination of services. Therefore, in these cases, prior written notice and parental attendance are not required. The school district must provide the parent with a copy of the child s IEP at no cost, and if the parent is unable to speak English, a written or audio-taped copy in the parent s native language. If the language is other than English or Spanish, a good 11

18 Admission, Review and Dismissal (ARD) Committee faith effort to provide the written or audio copy of the IEP in the parent s native language must be made. Conducting an ARD Committee Meeting Without a Parent in Attendance The school district may conduct an ARD committee meeting without a parent present if the school district is unable to convince the parent to attend. The school district must keep a record of all attempts to arrange a mutually agreedupon time and place with the parent. Also, the parent may request that the ARD committee proceed without them and to be notified of the decisions made at the meeting instead. Use of Interpreters It is up to the school district to ensure that the parent understands the proceeding of the ARD meeting. This may include steps such as arranging for an interpreter for parents with deafness or whose native language is not English. 12

19 Individualized Education Program (IEP) Individualized Education Program (IEP) The Individualized Education Program (IEP) is a written statement for each child with a disability that reflects the unique needs of the child. It is developed, reviewed, and revised by the ARD Committee. The creation of an IEP is a combined effort of the child s teachers, parents, school administrators, other appropriate school personnel, related service personnel, and (when appropriate) even the child to analyze and address the needs of the child. Each IEP is written specifically for one child and must be a truly individualized document. Components of the IEP Although the document is unique to each child, the following components must be addressed in each child s IEP. The resulting information contained in each of these sections must reflect the unique, individual needs of the child. 1) Current Performance: The IEP must address how the child is currently doing in school (also known as the present levels of academic and functional performance). It should address how the child s disability is affecting his or her progress in the general curriculum. This current performance information will be drawn from sources such as classroom tests and assignments, observations by parents or school district personnel, and assessments conducted during initial evaluation proceedings and reevaluations. 2) Annual Goals: Annual goals should address what the child is expected to or should be able to accomplish within a year. They may be academic or functional goals for the child. (For more information on annual goals, see the Annual Goals section under ARD committee determinations.) a. Note: Goals must be measurable and based on grade level standards. The IEP must also include information on how the child s progression towards the goals will be measured and how parents will be informed of the progress. 3) Special education and related services: The IEP should contain information detailing the services that will be provided to the child. It must also include any personnel adaptations or training that will be required in order to provide the needed assistance to the child. 4) Schedule of Services: The IEP must state when services will begin, how often and/or when they will be provided, where they will be provided, and how long they will last. 5) Participation with nondisabled child: This section involves information on the extent to which the child will not be able to participate with nondisabled children in the general education classroom or other school activities. It should also explain why the child will not be able to participate. 13

20 Individualized Education Program (IEP) a. Note: It is important that a child be placed in the least restrictive environment possible. In other words, the child should be placed with nondisabled students in the general education setting as much as possible. (For more information on this, see the Least Restrictive Environment section.) 6) Participation in state and district-wide test: The IEP must contain information on whether the child will take modified tests and why such modifications, if any, are needed. 7) Transition Services: Starting when the child is age 14, all IEPs must address the courses the student must complete in order to reach the child s determined post-secondary goals. Starting when the child is age 16, the IEPs must also include what transition services will be needed to help the child prepare for leaving school. (For more information, see the Transition section.) 8) Age of Majority: Starting at least one year before the child reaches the age of majority, the IEP must include a statement that the student has been informed of the transfer of rights that will take place at the age of majority. (For more information, see the Adult Student section.) For more in-depth information on the IEP and its requirements, visit the U.S. Department of Education s archived Guide to the IEP at 14

21 Admission, Review and Dismissal (ARD) Meetings Admission, Review and Dismissal (ARD) Meetings Admission, Review and Dismissal (ARD) meetings are held for a number of reasons, but all meetings are held to analyze the needs of a child who has or is suspected of having a disability. An ARD meeting is needed for the admission of a child into special education. A meeting is needed to review the child s progress and review the prospect of any changes that may need to be made to the child s IEP. An ARD meeting is also required when a child is dismissed from special education. After a child has been determined to be a child with a disability, an ARD meeting must be conducted at least once a year; however, there may be situations where a child will require additional ARD meetings. Annual Meeting A yearly ARD meeting must be conducted to review the child s individualized education program (IEP). The goal of this meeting is to assess if the student is achieving his or her annual goals or if alterations to the IEP must be made to better reflect the needs of the child. The ARD committee must determine the child s placement at least once a year. The annual meeting is conducted to ensure that the child s IEP and services continue to reflect the unique and often changing needs of the child. Legally, school districts are encouraged to consolidate reevaluations and other ARD committee meetings into one annual meeting as much as possible. However, in some cases, addition meetings may still be needed to ensure the child s needs are being fully met. For example, an additional ARD meeting may be needed if recent, additional assessments reveal new information that the child s IEP should be quickly changed to improve the child s academic success. Initial ARD Meeting The purpose of the child s first ARD meeting is to determine eligibility of the child. If the ARD committee determines that the child is a child with a disability, the committee will need to develop the child s IEP. The ARD committee must consider the child s areas of strength, the concerns of the parents, the initial FIE, additional evaluations, and the academic, developmental, and functional needs of the child. The ARD committee must have an IEP developed by the end of the initial ARD meeting so that services for the child can begin. 15

22 Admission, Review and Dismissal (ARD) Meetings For additional information on the IEP, see the Individualized Education Program subsection within the ARD section. For additional information on the FIE, see the Full and Individual Evaluation section. Revising the IEP The ARD committee must meet to revise the IEP when revision is necessary. (Information on the exception to this rule can be found in this ARD Meeting section under the Amendment without a Meeting subsection.) An IEP may need to be revised for a number of reasons including, but not limited to: Lack of expected progress in the classroom, Lack of expected progress towards annual goals, Accomplishing goals sooner than anticipated and new goals need to be determined for the child s continued success, Results of new evaluations, New information provided to or by the parents, The child s anticipated future needs, and/or Child or parental request to resume services for a child who has graduated through completion of an IEP and still meets age eligibility requirements. (For more information, see the Graduation Due to Successful Completion of the IEP subsection within the Graduation section.) Note: The IEP is the map for guiding the child through his or her school years. Revisions to this IEP map should always be for the benefit of the child and reflect the unique needs of the child. Revisions can often go a long way to ensure that the child s IEP grows and changes as the child grows and changes. For example, what worked for the child in previous years may not work now, or there may have been new developments that could help the child more than the old IEP tactics. Parent Request for an ARD Meeting The school district will hold an ARD meeting when the parents request one. A parent may request an ARD meeting at any mutually agreeable time to address specific concerns about his or her child s special education services. It is important to note that many concerns may be addressed without the need for an ARD meeting. Parents should feel free to talk with the child s teachers, special education teachers, a diagnostician, the counselor, the principal, and the special education director when they have concerns. Most concerns can be worked out at these lower levels without the need for the formal meeting. Approaching concerns in this manner can also produce more immediate results because there is no need to wait until a formal ARD meeting can be scheduled and coordinated between the parent and the members of the ARD committee. 16

23 Admission, Review and Dismissal (ARD) Meetings Reaching Consensus If at all possible, a decision made by the ARD in respect to the child s IEP must be made by mutual agreement of all required members of the ARD committee. When this mutual agreement is not achieved, the ARD committee must offer the parents or adult student who disagrees a single opportunity to have the committee recess for not more than ten school days. If the parent accepts the decision to recess, the committee must agree on the date, time, and place to reconvene the ARD meeting before the meeting ends and the recess begins; however, if the child s presence on the campus presents a risk of physical harm to the child or others or when the child has committed an offense that could lead to AEP, recess is not an option. During the recess, the committee should consider alternatives, gather additional data, prepare further documentation, and/or obtain additional resource persons (such as experts in the area of conflict) who may be able to aid in reaching agreement. The recess is not simply to take a break; it is for working towards acquiring or compiling additional information to help end the disagreement. In addition to a recess, a written statement must be provided which states the basis for the disagreement. The committee must also offer the members who disagree with the majority the opportunity to write their own statements. If a ten-day recess is taken, and the ARD committee still cannot reach a unanimous agreement, the school district must provide the parent with prior written notice and implement the IEP which it has determined by a majority decision to be appropriate for the child. Amendments to the IEP without an ARD Meeting After the annual ARD meeting has taken place, changes to the IEP may be made without having to have an official ARD meeting. Instead, changes can be made through the amendment process. The changes by amendment are made based on an agreement between the district and the parent. The IEP may be amended instead of requiring the ARD committee to meet and redraft the entire IEP. Amendments may include changes to goals, objectives, accommodations, and modifications. However, for eligibility determinations, changes of placement, and manifestation determination reviews, an ARD meeting must be held. These changes cannot be made through the amendment process. The parent of the child with a disability and the school district must be in agreement to make changes to the IEP without holding an ARD meeting. A written document must be developed containing the amendments to the child s current IEP. When the IEP is changed through this amendment process, all personnel who are responsible for implementing the child s IEP, as well as the parents, must be notified of the 17

24 Admission, Review and Dismissal (ARD) Meetings changes. Upon request, a parent will be provided with a revised copy of the IEP containing the new amendments. 18

25 Admission, Review and Dismissal (ARD) Determinations Admission, Review and Dismissal (ARD) Determinations As mentioned under the ARD Committee section, the ARD committee has three main tasks for which they are responsible under federal law: 1) Determining Eligibility 2) Creating the Individualized Education Program (IEP) 3) Determining the Child s Placement However, as this section will explain, there are a number of decisions that fall within these categories. This section will explain some of the major ones. (For more information on Placement, see the Least Restrictive Environment section, especially the Placement Determination subsection.) Determination of Eligibility Upon completion of the Full and Individual Evaluation (FIE), the ARD committee must determine whether or not the child has a disability as well as whether or not the child needs special education s specially designed instruction and/or related services. The determination of eligibility must be made by the ARD committee. If a student only needs related services and not special education s specially designed instruction, the student is not considered a child with a disability under the Individuals with Disabilities Education Act (IDEA). The school district must provide a copy of the evaluation report and the documentation of the determination of eligibility to the parents. If it is determined through an FIE that a child has one or more of the disabilities but only needs a related service and not special education s specially designed instruction, the child is not considered to be a child with a disability qualifying for special education under the Individuals with Disabilities Education Act (IDEA). The ARD committee would only determine that the child is a child with a disability if the child qualifies under the IDEA definition and, therefore, qualifies for special education. Also, a student must not be determined by the ARD committee to be a child with a disability if the determining factor is limited English proficiency or a lack of appropriate instruction in reading or math. For example, if a child s FIE determines that the child has a disability because the child is progressing unsatisfactorily in the classroom curriculum due to a limited ability to understand English, the child does not qualify as a student with a disability under the Individuals with Disabilities Education Act (IDEA). In this case, the child has a disability but only qualifies for supplementary services such as English as a Secondary Language (ESL) classes; therefore, the ARD committee would determine that the child is not a child with a 19

26 Admission, Review and Dismissal (ARD) Determinations disability and does not qualify for special education. The child in this scenario would receive the supplementary service of ESL but not special education services. (For more information regarding the qualifications for Eligibility and the categories that qualify children for special education services, see the section titled Categories of Eligibility.) Present Levels of the Child The ARD committee must provide a statement of the child s present levels of academic and functional performance. According to the Department of Education, academic achievement refers to a child s performance in academic areas (math, language arts, science, history, etc.) and the skills the child has mastered compared to the skills the child is expected to have mastered in these academic subject areas. This examination of a child s academic achievement is unique to each child because the ARD committee must analyze where the child stands academically and how the child s disability uniquely affects the child s involvement and progress in the general education curriculum. The term functional performance refers to the routine activities of daily life. (for example: dressing, eating, going to the bathroom, social skills like interacting and communicating with others, behavior skills, and mobility skills like walking around) For a preschool child, the ARD committee s present levels statement will contain information on how the child s disability affects the child s participation in appropriate activities. Appropriate activities refers to the activities that a child at that age is expected to have mastered or be able to perform. Annual Goals The ARD committee must provide a statement of measurable annual academic goals. This is usually done at the annual ARD meeting. (For more information on the annual ARD meeting, see the subsection titled Annual Meeting within the Admission, Review, and Dismissal Meetings section.) The annual goals must be designed to meet the child s needs that result from the child s disability, including the areas where the disability affects the child s progress in the general curriculum. The goals must be based on the child s current grade level s standards. It is important that the goals be measureable so that the child s progress towards accomplishing these goals can be monitored. The ARD committee should also have a plan in place for how the child s progress towards the goals will be measured and how often reports on the child s progress must be provided. (For example, a report might be created after every report card to see how the child is doing and if the child is on track towards accomplishing the annual goals.) 20

27 Admission, Review and Dismissal (ARD) Determinations Example of a measurable goal: Billie is a second grade student. By the end of 36 instructional weeks, Billie will increase his reading fluency from 20 words per minute to 60 words per minute through the use of one-minute timed readings at increasing instructional levels. State- and District-wide Assessments The ARD committee is responsible for determining at what level a child will participate in state- and district-wide assessments. This information should be contained in the child s individualized education program (IEP). In general, all children with disabilities are included in all general state- and district-wide assessment programs; however, appropriate accommodations and alternate assessments may be necessary for some children with disabilities. For example, with the previous TAKS tests, some children with disabilities qualified to take a TAKS-M, which was a modified TAKS test. These assessment determinations can only be made by the ARD committee. Determining Special Education, Related Services, and Supplementary Aids and Services The ARD committee is responsible for determining what services a child needs to reserve. These services may contain any combination of special education, related services, and Supplementary Aids and Services that the ARD committee determines to be necessary. The committee must decide when the services and modifications will begin, how long they will last, and where the services will be take provided. (Unless the IEP requires some other arrangement, the child will be educated in the school that he or she would attend if nondisabled.) If services must be provided away from the school, the site must be as close as possible to the child s home. Special education, related services, and supplementary aids and services should be selected based on peer-reviewed research as much as is practicable. In other words, the ARD committee should try tactics that have been proven to be effective in similar circumstances to the child in question before trying new, non-researched tactics to help a child with a disability. If these widely-practiced, peer-reviewed tactics do not work after they have been given adequate time to stand a chance at succeeding, the ARD committee can then look into new tactics. 21

28 Admission, Review and Dismissal (ARD) Determinations Basic Definitions of Services Special Education means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability. Related Services means transportation and such developmental, corrective, and other supportive services as may be required to assist a child with a disability to benefit from special education. Supplementary aids and services means aids, services, and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate. Providing Services The ARD committee is responsible for deciding what program modifications or supports for school personnel will be needed to enable the child to advance appropriately toward attaining the annual goals, be involved in and make progress in the general curriculum, participate in extracurricular and other nonacademic activities, and be educated and participate with other children with disabilities and nondisabled children. (For more information on children with disabilities participating in activities with nondisabled students, see the section titled Least Restrictive Environment.) An example of a program modification could be adapting the physical education class to help include the child with a disability with the nondisabled students. If the ARD committee determines that this would be good for the child, and it is at all possible for the school to accommodate, the school district is responsible for making the changes. Possible areas of extracurricular and other nonacademic activities that may come into consideration include meals, recess periods, counseling services, athletics, transportation, health services, recreational activities, and school clubs. Determining an Intensive Program for a child due to State Assessment Results The ARD committee must determine the intensive program of instruction for a child who did not perform satisfactorily on state-wide assessments. The program must be designed to enable the child to attain the annual growth necessary to meet the child s IEP goals. The committee should design the program to help the student attain satisfactory performance on state-wide assessment by using assessment instruments and accelerated instruction. The plan must include details on how and when the child will participate in the accelerated instruction. 22

29 Admission, Review and Dismissal (ARD) Determinations The ARD committee must also determine whether the child should be promoted to the next grade or retained. Extended School Year (ESY) Services Extended school year services are special education and related services that are provided to a child with a disability beyond the normal school year of the public school at no cost to the parent. The services must align with the child s IEP. No child will be denied ESY services because the child receives care and treatment services from outside of the school district. If the child qualifies for ESY, the school district must provide the services. For example, ESY services cannot be denied if the child s parents are paying for private physical therapy services that are similar to the ones the school would provide in ESY. Limitations The school district may not limit ESY services to only particular categories of disability or unilaterally limit the type, amount, or duration of ESY services. Determining Need for ESY Services The need for ESY services must be determined on an individual basis by the ARD committee. The school district must ensure the ESY services are available as necessary for those who qualify. In order for a child to qualify, the ARD committee must determine that the services are necessary in order to provide free appropriate public education (FAPE). The ARD committee must determine the child s need for ESY from formal and/or informal evaluation provided by the district or the parents. If a student has recently transferred into the school district, evaluation information from the student s prior school may be used to help determine the need for ESY services. There are two keys areas to analyze when determining the need for ESY: Regression in Critical Areas and the Recoupment of Acquired Skills. Regression refers to the skills that will be lost if services are not continued consistently. For example, regression often refers to the critical skills a student will lose during a summer break. If the ARD committee believes that the child will experience skill loss in critical areas and that the skills cannot be recovered within a reasonable amount of time, ESY services will usually be implemented. It is important to understand that most students with or without disabilities experience some kind of regression loss during extended breaks. This is considered perfectly normal and does not constitute a need for ESY services. 23

30 Admission, Review and Dismissal (ARD) Determinations However, if the regression is severe and cannot be recouped quickly during the next regular school year, ESY services will be considered. Severe or substantial regression means that the child will be unable to maintain one or more acquired critical skills if ESY services are not given. Critical skills loss is considered to include: If the child will need to be placed in a more restrictive instructional environment within the first eight weeks of school as a result of regression. Loss of skills necessary for the child to progress in the general curriculum. Loss of self-help skill areas and will result in the need for more direct service staff and/or an increase in the amount of time required to provide special education or related services. Loss of access to community-based independent living skill instruction or an independent living environment provided by non-educational sources as a result of regression. Loss of access to on-the-job training or productive employment as a result of regression. Recoupment involves the acceptable amount of time the child will take to regain the skills lost upon returning to school. Reasonable recoupment means that it should not take longer than eight weeks of being back at school to regain the skills lost. Again, it is important to note that all students will require some recoupment at the beginning of the school year to regain skills. This is why most classes begin with a review of the previous year s material. However, if the loss of critical skills will be particularly severe or substantial or is expected to result in physical harm to the child or to others, the ARD committee may require ESY services without considering the recoupment time. ESY services will be based off of the child s IEP. (For more information on the IEP, see the Individualized Education Program section.) 24

31 Least Restrictive Environment Least Restrictive Environment It is the responsibility of the school district to ensure that, to the maximum extent possible, children with disabilities (including children in public or private institution or other care facilities) are educated with children who are not disabled. Special classes, separate schooling, or other removal of children with disabilities from the regular education environment should occur only when the nature or severity of the disability is such that education in regular classes with supplementary aids and services is not sufficient. Even in cases where separation is required, the school district must make sure that the child with a disability participates and interacts with nondisabled children in the extracurricular services and activities to the maximum extent appropriate for the child. Factors for Consideration The admission, review and dismissal (ARD) committee must determine whether or not educating a child with a disability in the regular classroom with the use of supplementary aids and services will be successful. The ARD committee will analyze the following: Whether the school district provided adequate supplementary aids and services and whether the regular educational program s general curriculum was modified. (A child may not be removed from the regular education classroom solely because of needed modifications in the general curriculum.) Whether the efforts to modify and supplement regular education were sufficient. o Note: A school district does not need to provide every conceivable supplementary aid or services; however, a reasonable attempt must have been made to educate the child in the regular education environment. The effect of the disabled child s presence on the regular classroom and, thus, on the education that the other children are receiving. o This could include the amount of time a teacher would be required to devote to the child. An extreme devotion of time could result in limiting the educational opportunity of the other students. Whether the child will receive an educational benefit from regular education. The child s overall educational experience in the mainstreamed environment, including the benefits of both regular and special education for the child. If the ARD committee determines that education in the regular classroom cannot be achieved satisfactorily, the ARD committee must determine the placement of the child which will result in an education in the least restrictive environment possible. 25

32 Least Restrictive Environment For example, this may involve a mixture of both regular and special education classes. This could be appropriate if the child needed special education services in only some subject areas. Another example of a least restrictive environment, if the child needed special education services in all subject areas, could be providing interaction with nondisabled children during lunch and recess. Placement Determination The ARD committee is responsible for determining the child s placement. The placement determination must be based on the child s individualized education program (IEP). The ARD committee must provide an explanation of the extent, if any, to which the child will participate with nondisabled children in the regular class, general curriculum, extracurricular activities, and other nonacademic school activities. The ARD committee must specify the appropriate instructional arrangement or setting. (For example: mainstream, homebound, speech therapy, resource services, self-contained, off home campus, nonpublic school day, vocational adjustment program, or residential care and treatment facility.) Children Residing in a Residential Facility The ARD committee s educational placement determination must be individualized and based on the need of the child with the disability. It will not be based on what is most convenient for the school district. The ARD committee must determine the appropriate educational placement for the child. The committee should consider the educational needs of the student as well as the non-educational needs that may restrict the ability of the school district to serve the child on a public school campus or other instructional setting. An example of this restriction could be the child s health and safety. (For example: substance abuse.) Another example of this restriction of the district s ability to serve the child could be from the child s placement in a restrictive residential facility program like juvenile incarceration or court-ordered placements. When Making a Residential Educational Placement When making a residential educational placement, the ARD committee must list the services which the school district is unable to provide and that the facility will provide, establish criteria and estimated timelines for the child s return to the school 26

33 Least Restrictive Environment district, verify that the placement is the least restrictive environment for the child, and verify that the facility meets safety standards for the child. Texas School for the Blind and Visually Impaired (TSBVI) and Texas School for the Deaf (TSD) Placement In addition to the above listed placement requirements, when placing a child at the TSBVI or TSD, the ARD committee will need to determine whether or not it is necessary for the child s safety to be accompanied by an adult at the beginning and end of the term when children are expected to leave the residential campus for scheduled school holidays. If the ARD committee determines that the child must be accompanied, they must designate the adult to accompany the child. If a child is placed by their parents or legal guardians at the TSD, the TSD shall be responsible for assuring that a free appropriate public education is provided to the child at the TSD. 27

34 Parent: Definition and Requirements Parent: Definition and Requirements The term parent refers to a biological parent, adoptive parent, foster parent (who meets the requirements), guardian (except when the child is a ward of the state), individual assigned to be a surrogate parent, individual acting in the place of a biological or adoptive parents (including a grandparent, stepparent, or other relative) with whom the child lives, or individual who is legally responsible for the child s welfare. For more information on the rights of a parent to prior written notice, see the Prior Written Notice section. For more information on when parental consent is required, see the Consent section. Requirements for Foster Parent to Serve as a Parent A foster parent may serve as a parent of a child with a disability if all of the following apply: 1. The Department of Family and Protective Services (DFPS) is appointed as the temporary or permanent managing conservator of the child. 2. The child has been placed with the foster parent for at least 60 days. 3. The foster parent agrees to participate in making educational decisions on the child s behalf. 4. The foster parent has no interest that conflicts with the child s interest. 5. The foster parent agrees to complete a training program for surrogate parents. Appointment of a Surrogate Parent Unless the judge overseeing the child s care appoints the surrogate parent, the school district is required to make reasonable efforts to appoint a surrogate parent within 30 days of the determination that the child needs a surrogate. Unless the judge overseeing the child s care appoints the surrogate parent, the school district must appoint a surrogate parent whenever the parents of the child are not known, the school district cannot locate the parents after making a reasonable attempt, the child is a ward of the state, or the child is an unaccompanied homeless youth. The school district must ensure that a person selected to be a surrogate parent of a child is not an employee of the Texas Education Agency (TEA), an employee of the school district, an employee of any other agency that is involved in the education or care of the child, or a person with a personal or professional interest that conflicts with the interest of the child. 28

35 Parent: Definition and Requirements The school district must require the surrogate parent to visit the child and the child s school, consult with persons involved in the child s education (for example, teachers, caseworkers, attorneys ad litem, and caretakers), review the child s educational records, attend ARD meetings, exercise independent judgment in pursuing the child s interests, and complete a training program within 90 days of being appointed as a surrogate parent. 29

36 Adult Student Adult Student When a child with a disability reaches 18 years old, all rights under the Individuals with Disabilities Act (IDEA) and the Family Educational Rights and Privacy Act (FERPA) transfer from the parent to the student. All rights regarding educational records under the IDEA also transfer when a child reaches 18 years old. However, the school districts must still notify both the parents and the adult student of the transfer of rights. This notice must include a statement that parental rights have been transferred and contain contact information for the parent and/or adult student to obtain additional information. After a transfer of rights, the Individuals with Disabilities Education Act (IDEA) requires that some notice is given to both the adult student and the parent; however, it is important for the parent to understand that receiving prior written notice of an ARD meeting or other change involving the adult student does not constitute an invitation or right to attend the meeting or participate in the proposal or refusal of the change mentioned in the notice. (For more information on when prior written notice is required, see the Prior Written Notice section.) Nevertheless, the adult student or school district may invite individuals who have knowledge or special expertise regarding the adult student, including the parent, to be a member of the ARD committee and attend ARD meetings. An exception to this transfer of rights is made if a child has been determined to be incompetent under state law. 30

37 Prior Written Notice Prior Written Notice Prior written notice is a notification, description, and explanation of a proposal, implementation decision, or meeting that is about to occur. Often, it details the purpose, time, and location of an ARD or other meeting or a notification of a change that is about to be implemented to the student s IEP. The school district must provide prior written notice to the parent whenever it: Proposes or refuses to initiate or change the identification of the child, Proposes or refuses to initiate or change the evaluation of the child, Proposes or refuses to initiate or change the educational placement of the child, Proposes or refuses to initiate or change the provision of a free appropriate public education (FAPE) to the child, Proposes to convene an ARD meeting as part of the invitation to the ARD meeting, Implements an individualized education program (IEP) with which the parent or adult student disagrees, and/or Proposes to initiate the withdrawal of a child with a disability from continued special education and related services due to written revocation by the parent. 31

38 Consent Consent Parental or adult student consent in writing is required to conduct an initial evaluation, to initiate services or reevaluation, to excuse a member from attending an ARD meeting, to access public benefits, to access private insurance, to transfer assistive technology devices, and to disclose confidential information. In these cases where consent is required, the school district must make a reasonable effort to obtain informed consent and to provide, to the extent possible, the information necessary for informed consent in the native language or primary mode of communication of the individual giving consent. It is important to note that granting consent is voluntary on the part of the parent and may be revoked at anytime. The parent should also understand that if the parent revokes consent, that revocation is not retroactive. Therefore, it does not negate an action that has occurred after consent was given and before the consent was revoked. The term parent refers to a biological parent, adoptive parent, foster parent (who meets the requirements), a guardian (except when the child is a ward of the state), an individual assigned to be a surrogate parent, an individual acting in the place of a biological or adoptive parents (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child s welfare. (For more information on what constitutes a parent under the Individuals with Disabilities Education Act, or IDEA, see the Parent section.) Consent for Initial Evaluation The school district must obtain informed consent from the parent before conducting an initial evaluation. (For more information on initial evaluations, see the Evaluation Procedures subsection within the Full and Individual Evaluation section.) Some information gathering is done prior to conducting an official initial evaluation and does not require consent. For example, screening to determine strategies for curriculum implementation, conducting a review of existing evaluation data (REED), or administering a test or other evaluation that is administered to all children is not considered part of an official evaluation; therefore, these actions do not require consent. (For more information on a REED, see the Review of Existing Evaluation Data subsection within the Full and Individual Evaluation section.) 32

39 Consent If Consent is not Obtained, Despite Reasonable Efforts If the child is a ward of the state and is not residing with his or her parent, the school district is not required to obtain informed consent from the parent if the school district cannot discover the whereabouts of the parent, the rights of the parents have been legally terminated, or the rights of the parent to make educational decisions have been transferred by a judge to an individual appointed by the judge. In the final case, consent from the appointee must be obtained. If the parent fails to respond or does not provide consent for an initial evaluation, the school district may continue to pursue the initial evaluation utilizing procedural safeguards in an effort to obtain an agreement or court ruling that the evaluation be conducted; however, if the school district does not continue to pursue the evaluation after consent has been denied, the school district does not violate its Child Find and Full and Individual Evaluation obligations. Consent for Initiating Services The school district must obtain consent before initiating special education and related services to a child. Consent means the parent understands and agrees in writing to the school district carrying out the initial provision of special education and related services. If Consent is not Obtained, Despite Reasonable Efforts If the parent refuses to respond to a request to provide consent or refuses to consent to the receipt of special education and related services, the school district may not provide services and may not use the procedural safeguards in order to obtain agreement or a ruling that services may be provided. If consent is denied, the district is not required to create an individualized education program (IEP) for the child. In the case where consent is not obtained, the school district will not be considered to be in violation of the requirement to make available a free appropriate public education (FAPE) to the child for the failure to provide the child with the special education and related services for which the school district requests consent. If Consent is not Obtained, Despite Reasonable Efforts The Department of Education has issued a regulation which states that parents have the right to pull their children out of special education programs. As long as the parent s request is put in writing, the school district is obligated to grant the parent s request. 33

40 Consent This regulation does not call for the student to be abruptly dropped from the special education program upon parent request. The school must first prepare and provide to the parents a prior written notice, outlining the services that will no longer be provided to the child. Then, after a reasonable period of time, special education services are to be discontinued. At this point, the student is considered to be a general education student. The student will not be entitled to FAPE, an IEP, or any special education services. The student will not be entitled to any of the special disciplinary procedures available under IDEA. (For more information on these special disciplinary procedures, see the Discipline section.) The district will not be considered to be in violations of providing FAPE to the child because of the failure to provide the child with further special education and related services after written revocation by the parent. Consent for Reevaluation The school district must obtain informed consent from the parent before conducting a reevaluation. (For more information on reevaluations, see the Evaluation Procedures subsection within the Full and Individual Evaluation section.) Screening to determine strategies for curriculum implementation, conducting a review of existing evaluation data (REED), or administering a test or other evaluation that is administered to all children is not considered part of the reevaluation; therefore, these actions do not require consent. (For more information on a REED, see the Review of Existing Evaluation Data subsection within the Full and Individual Evaluation section.) If Consent is not Obtained, Despite Reasonable Efforts Parental consent does not need to be obtained if the school district can demonstrate that the school district has taken reasonable measures to obtain consent and that the parent has failed to respond. If the parent refuses to consent to the reevaluation, the school district may continue to pursue the reevaluation utilizing procedural safeguards in an effort to obtain an agreement or court ruling that the evaluation be conducted; however, if the school district does not continue to pursue the reevaluation after consent has been denied, the school district does not violate its Child Find and Full and Individual Evaluation obligations. Consent to Excuse a Member from Attending an ARD Committee Meeting The school district must provide prior written notice to the parent or adult student about an attempt to excuse a member of the ARD committee from attending an ARD 34

41 Consent meeting. Consent must be obtained from the parent or adult student before excusing a member from attending an ARD meeting. (For more information on ARD committee attendance exemptions, see the Attendance Exemptions for ARD Committee Members subsection within the ARD committee section.) Consent to Access Public Benefits The school district may use Medicaid or other public benefits or insurance programs for which a child qualifies in order to provide or pay for services required under the Individuals with Disabilities Education Act (IDEA) as permitted under the public benefits or insurance program. The school district must obtain consent from the parent each time the district wants access to public benefits or an insurance program. This means that the parent must be fully informed of all information relevant to the school district s use of public benefits or insurance. The school district may not require parents to sign up for or enroll in public benefits or insurance programs as a requirement to receive services. The school district may not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim. The school district may not use a child s benefits under a public benefits or insurance program if that use would decrease available lifetime coverage or any other insured benefit. The district may not use a child s benefits under a public benefits or insurance program if that use would result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school. The school district may not use a child s benefits if that use would increase premiums or lead to the discontinuation of benefits or insurance. Additionally, the district may not use a child s benefits if that use would risk loss of eligibility for home and communitybased waivers, based on aggregate health-related expenditures. Parent s refusal to allow access to public benefits or an insurance program does not relieve the school district of its responsibility to ensure that all required services are provided at no cost to the parents. Consent to Access Private Insurance The school district must obtain consent from the parent each time the school district proposes to access the parent s private insurance proceeds. If the parent refuses to permit the school district to access their private insurance, this refusal does not relieve the school district of its responsibility to ensure that all required services are provided at no cost to the parents. 35

42 Consent Consent to Transfer Assistive Technology Devices Assistive technology devices may be transferred to the school district at which the child is enrolled, a state agency that provides services to the student following the student s graduation from high school, the student s parents, or the student if the student has the legal ability to enter into a contract. Transfer of the device(s) means the process by which the school district that has purchased the assistive technology device may sell, lease, or loan the device for the continuing use of a student with a disability who is changing the school of attendance within the district or leaving the district. If Consent is not Obtained, Despite Reasonable Efforts Parental consent need not be obtained if the school district can demonstrate that the school district has taken reasonable measures to obtain consent and that the parent has failed to respond. Consent for Disclosure of Confidential Information The school district must obtain informed consent from the parent before personally identifiable information is disclosed to parties. The consent should specify the records that may be disclosed, state the purpose of the disclosure, and identify the parties to whom the district will be disclosing the information. Disclosure means permitting access to or releasing a child s, or other individuals, personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means. Information may be disclosed without consent to officials of agencies providing or paying for transition services. Also, if the child is enrolled or is going to be enrolled in a private school, the school district officials may exchange information without parental consent. 36

43 Services Birth through Age 5 Services Birth through Age 5 A Free and Appropriate Public Education (FAPE) must be available to all eligible children with disabilities ages 3 through 21. A FAPE must be available from birth to children with visual or auditory impairments. (For more information on eligibility for special education, see the Categories of Eligibility section.) Early-aged children may often require and benefit greatly from specially designed home instruction. This decision will be made by either the Individualized Family Services Plan (IFSP) committee or ARD committee. (For more information on the IFSP, see the Individualized Family Services Plan subsection with this Services Birth through Age 5 section.) (For more information on the ARD committee and its determination process, see the Admission, Review, and Dismissal sections.) Early Childhood Intervention (ECI) Texas Early Childhood Intervention (ECI) programs serve families with children birth to 36 months with developmental delays or disabilities. ECI provides family support and specialized services to strengthen the family s ability to access resources and improve their child s development through daily activities. The ECI program is separate from the school district s special education department. ECI services are individualized to the child s unique situation; therefore, the services ECI provides vary from child to child. For example, a child with a speech delay may receive speech therapy, whereas a child with Cerebral Palsy may need more comprehensive therapies such as physical and occupational therapy. Individualized Family Services Plan (IFSP) The Individualized Family Services Plan (IFSP) is the plan for services. It includes goals and activities for the family, not just the child. The plan will contain information about the child s unique needs such as the child s current levels of skills and development, the areas where the child needs assistance, what ECI services are needed to help the child and family, how often and where those services will be provided, who will provide the services, goals for the child, activities designed to help the child meet those goals, how progress will be measured, when services will begin and end, the identity of the service coordinator who will be responsible for the implementation of the IFSP, and the steps to be taken to transition from ECI to preschool or other appropriate services. (For more information on the transition from ECI to a preschool program, see the following Transition from ECI to Preschool Programs subsection.) 37

44 Services Birth through Age 5 For children 0 to 2 years of age with visual and/or auditory impairments, an Individualized Family Services Plan (IFSP) meeting must be held in place of an ARD committee meeting. This is when the IFSP will be created. The IFSP may serve as the individualized education program (IEP) of the child if using that plan as the IEP is agreed upon by the committee members and the child s parent. Transition from ECI to Preschool Programs Shortly after the child turns two, the ECI team begins working with families to help determine the best pre-school programs for the child and ensure a smooth transition into the school system s program. During this transition time, the ECI service coordinator works with the family to develop a transition plan that will be part of the child s IFSP. The ECI provider will gather information and conduct assessments that will later be used to determine the child s eligibility for public school programs and services. The ECI agency must notify the school district in which the child resides that the child will shortly reach the age of eligibility for preschool services. The school district should have at least 90 days of notification that the child will soon become eligible for preschool services. A child completes the transition from ECI to the preschool program on his or her 3 rd birthday. Preschool Programs There are three main types of preschool programs/community services: 1. Preschool Programs for Children with Disabilities (PPCD) For preschoolers ages 3-5, available at no cost through the public schools 2. Head Start or Pre-Kindergarten (Pre-K) Program for children ages 3-5, available to children with or without disabilities and at no cost through the public schools 3. Dual Enrollment Children attend a private preschool (at the parent s expense) or stay at home while receiving special and related services through the school district (at no cost to parents). The school district cannot require a child to participate in dual enrollment. (For more information on Dual Enrollment, see the Dual Enrollment subsection within the Private School section.) 38

45 Services Birth through Age 5 The ARD committee will determine the placement of the child between the PPCD and Pre-K depending on the needs of the child. (For more information on the ARD determinations, see the Admission, Review, and Dismissal Determinations section.) 39

46 Transition Services Transition Services Transition refers to a change in status from behaving primarily as a student to assuming adult roles in the community. Transition services are designed to ensure that the child with disabilities receives a free appropriate public education that helps to transition them into their future lives outside of secondary school. The transition services should include a coordinated set of activities including related services and/or special education services designed to meet the child s unique needs and prepare them for further education, employment, and independent living. (For information on Transition services from Early Childhood Intervention to Preschool programs, see the Services Birth through Age 5 section.) There are two main components of transition services. First, the activities are designed to be within a results-oriented process that focuses on improving the academic and functional achievement of the child with a disability to facilitate the child s movement from school to post-school activities. Post-school activities can include post-secondary education, vocational education, integrated employment, supported employment, continuing and adult education, adult services, independent living, and community participation. Second, the activities must be based on the individual child s needs, taking into consideration the child s individual strengths, preferences, and interests. The activities should be designed to include instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, the acquisition of daily living skills and provision of a functional vocational evaluation. The activities should work together to build a useful and practical bridge to the adult world that reflects the unique needs, strengths, preference, and interests of the child. However, if the ARD committee determines that a student does not need services in one or more of these areas, the student s individualized education program (IEP) must contain a statement to that effect and an explanation of why the decision was made. Transition services must be in place when the student turns 16 years old. This is the latest that transition services can begin. This means that planning for transition services must occur before the student turns 16 years old. Most students transition planning will begin in the 8 th grade. However, if the student will turn 16 years old during or before the 8 th grade, transition planning must begin before the 8 th grade. The ARD committee can determine that transition services begin before the student turns 16 years old. Preventing school drop-out is often a major factor in determining if transition services need to be started early for a student. This information and determination will be contained in the student s IEP. The transition services must be updated annually after transition services begin. This means that every IEP following the child s 16 th birthday should include transition services that are currently being implemented and those that will be implemented in the future. The new IEP must include appropriate measurable postsecondary goals, the transition services (including course of study) needed to assist 40

47 Transition Services the child in reaching those goals, and the transfer of rights at age of majority (18 years old in Texas). No later than one year before the child reaches the age of majority (17 years old), the IEP must include a statement that the parent and the child have been informed of the child s rights, which will transfer to the child upon reaching the age of majority. Every effort must be made to have the child in attendance at the ARD committee meeting when transition services are discussed. This will help ensure that the child s preferences and interests are considered. If the child can not be in attendance, other steps must be taken by the school district to ensure the child s preferences and interests are considered. Questionnaires may be appropriate in this situation. With the consent of the parent or adult student, a representative of any participating agency that is likely to be responsible for providing or paying for transition services must also be invited to attend the ARD meeting whenever those services are discussed. No information containing personally identifiable information of the student should be released to any outside agency without the consent of a parent or of the adult student once he or she has reached the age of majority. If a parent or adult student does not give consent to invite the agency representative to the ARD meeting, data can still be gathered from the agency to share in general with the ARD committee as long as no identifiable information of the student was released to attain that information. Developing Postsecondary Goals The postsecondary goals should be related to training, education, employment, and, if appropriate, independent living skills. The goals should be based on ageappropriate transition assessments administered by the school district or a qualified agency. The IEP goals cannot be generic and static from year to year. They should take into account and reflect the student s strengths or preferences. Although the school district is not required to measure or evaluate the goals after the child is no longer eligible for services, the goals contained in the IEP must still be measurable. Developing a Coordinated Set of Activities The ARD committee must make the determination on transition services (including courses of study) needed to assist the child in reaching postsecondary goals. The following issues must be considered in the development of the IEP, and, if appropriate, integrated into the IEP: Appropriate child involvement in planning the child s transition to life outside the public school system, If the child is younger than 18 years of age, appropriate parental involvement in the child s transition, 41

48 Transition Services If the child is 18 years of age or older, appropriate parental involvement in the child s transition if the parent is invited to participate by the adult student or the school district, A functional vocational evaluation, Any postsecondary education options, Employment goals and objectives, If the child is 18 years of age or older, the availability of age-appropriate instructional environments, and/or Appropriate circumstances for referring a child or the child s parents to a governmental agency for services. When the coordinated activities have been developed, the IEP should explain how the student will reach the transition goals, what courses the student should take to prepare them for the career he or she wants to pursue, who will help the student reach the goals, and what resources the student will need to reach the desired outcome. The IEP must contain a list of what classes the student will be required to take in order to graduate and what requirements must be met by the student to receive credit for those classes. The school district must ensure that each child enrolls in the courses necessary to complete the curriculum requirements for the recommended or advanced high school program unless the child, the child s parent (if not at the age of majority), and a school counselor or school administrator agree in writing that the child should be permitted to take courses under the minimum high school program. This exception can only take place if the child is at least 16 years of age, has completed two credits required for graduation in each subject of the foundation curriculum, or has failed to be promoted to the tenth grade one or more times. Upon request, a student may resume taking courses for the recommended high school program, even if the student had originally agreed to take courses under the minimum high school program. Assessments Assessments used to help determine transition plans should be age-appropriate. This means that they should provide relevant information about the student in relation to key areas for transition planning, provide information about the student s current levels of functional performance, indicate appropriate accommodations to support student success, provide a basis for measurable postsecondary goals, and provide a basis for measurable annual goals. They can measure educational, employment, training, and even independent living skills. They can also be formal or informal, depending on the needs of the student. Assessments used by this school district include the following: informal interview, MECA (vocational interests indicatory), and the Brigance Transition Skill Inventory. 42

49 Transition Services Vocational assessments should begin at the 8 th grade unless it is determined by the ARD committee that they are needed sooner. Transition Responsibilities The ultimate responsibility for providing transition services rests with the school district. Therefore, if an agency who was contracted to provide services to a student fails to do so, it is the school that must find an alternative way to provide the services to meet that student s needs. There is no waiver for this requirement. As discussed in the Summary of Academic Achievement and Functional Performance section, a new requirement of the 2004 IDEA reauthorization is the mandatory summary of performance that must be given to students prior to graduation who are receiving transition services. Personal Graduation Plan A personal graduation plan will map out all the classes to be completed and the credits that the student is required to attain before he or she will be eligible to graduate. A personal graduation plan must be developed for any middle school, junior high, or high school child with or without a disability who: Does not perform satisfactorily on the Texas Assessment of Knowledge and Skills (TAKS) test. Is not likely to receive a high school diploma before the fifth school year following the child s enrollment in grade level nine, as determined by the school district. The individualized education program (IEP) created by the ARD committee for a student receiving special education services may also be used as the child s personal graduation plan; however, the IEP must contain a list of classes and credits that the student must complete and acquire. The ARD committee is required to prepare an IEP for all students receiving special education services. A personal graduation plan must address participation of the parent. This includes taking into consideration the parent s educational expectations for the child. A personal graduation plan must include: Educational goals for the child Diagnostic information Appropriate monitoring and intervention 43

50 Transition Services Other evaluation strategies An intensive program of instruction. A personal graduation plan must provide innovative methods to promote the child s advancement, which may include: Flexible scheduling Alternate learning environments On-line Instruction Other interventions that are proven to accelerate the learning process and have been scientifically validated to improve learning and cognitive ability. (For more information on scientifically validated intervention, see the RtI subsection within the Full and Individual Evaluation section. Also, note that RtI is not only for students with specific learning disabilities) The method(s) selected should be based on the unique situation and abilities of the student. Graduation There are four possible tracks that students who qualify may take to receive a regular high school diploma: Distinguished High School Program Recommended High School Program Minimum High School Program Completion of the Individual Education Plan (IEP). Each program has specific requirements which include stipulations on credit and course curriculum requirements. A school district may add additional requirements to the state s requirements for the distinguished, recommended, and minimum high school programs. If the school district has added requirements to the programs, the student must meet those additional requirements to graduate under the program. The school counselor will be able to explain the school s requirements for each of these programs. All graduates are awarded the same type of diploma. The diploma itself does not make a distinction between the four tracks taken towards graduation. However, the student s transcript will record the individual accomplishments, achievements, and courses completed as well as display the appropriate graduations seal determined by the graduation track taken by the student. 44

51 Transition Services Before a student is permitted to pursue the minimum program, a school district must provide written notice to the student s parent or guardian explaining the benefits of the recommended program. Before a student is permitted to take courses under the minimum program, the student, the student's parent or guardian, and a school counselor or school administrator must agree that the student should be permitted to take courses under the minimum program. Also, the student must meet at least one of the following conditions: Be at least 16 years of age Have completed two credits required for graduation in each subject of the foundation curriculum under the Texas Education Code, (a)(1) Have failed to be promoted to Grade 10 one or more times, as determined by the school district. Upon deciding to pursue the minimum high school program, the minimum high school program opt-in agreement must be in writing and signed by all members of the deciding committee. The deciding committee includes the student, the student s parent or guardian, and a school counselor or school administrator. It is also important to note that a student has the right, at any time, to reenroll in the recommended high school program, although the student must notify the school district of the desired change. In order for a student to graduate by completion of the IEP, the student must qualify as a child with a disability and have an IEP in place. Graduation from high school with a regular high school diploma requires the school district to comply with the regulations and procedures for providing the child with a summary of performance. (For more information on a summary of performance, see summary of achievement and functional performance within the Transition Services section.) Graduation also constitutes a change of placement, which means the school district must follow the regulations and procedures for providing prior written notice to the parents of the student and/or the adult student. The ARD committee decides if a student has met graduation criteria. Note: Students receiving special education services are no longer permitted to be exempted from the Texas Assessment of Knowledge and Skills (TAKS) test. All students must participate in taking the TAKS test. The student s ARD committee will determine which form of the test is appropriate (the regular TAKS test, modified TAKS test, or alternate TAKS test) and whether or not the child must perform satisfactorily on it. This decision will be based on the student s abilities and unique situation. This determination will be in the student s IEP. Performing satisfactorily means that the student meets or exceeds the test score requirement for students as 45

52 Transition Services determined by the state. The Texas Education Association (TEA) website contains more detailed information regarding the state assessment instrument and the available alternate assessment instruments at Graduation Due to Satisfactory Completion of Regular Curriculum and Credit Requirements When a child with a disability graduates due to completion of the regular curriculum and credit requirements, graduation terminates the child s eligibility for special education services and entitlement to the benefits of the Foundation School Program. (The Foundation School Program is the primary source of state funding for Texas school districts. It works to ensure that all school districts, regardless of property wealth, receive substantially equal access to similar revenue per student at similar tax effort.) In order to graduate under the recommended or distinguished achievement high school program which will allow the student to receive a regular high school diploma, the student must have completed the program s curriculum and credit requirements for graduation. Also, the student must have had satisfactory performance on the exit-level assessment instrument. In Texas, the exit-level assessment instrument is the Texas Assessment of Knowledge and Skills (TAKS) test. A child receiving special education services may also graduate and receive a regular high school diploma under the minimum high school program if the child has completed the program s curriculum and credit requirements for graduation. The student must have participated in the state assessments (TAKS test). The ARD committee will decide whether or not satisfactory performance on the TAKS test is required for the child to graduate. The ARD committee may decide that the student need only participate and take the TAKS test in order to graduate. (For more information on the ARD committee, see the Admission, Review and Dismissal section.) Graduation Due to Successful Completion of the IEP In order for a student who is receiving special education services to graduate and receive a regular high school diploma through completion of the student s Individualized Education Program (IEP), the following must take place: The school district must provide a summary of performance to the child. (For more information on the summary of performance, see the Summary of Academic Achievement and Functional Performance section.) 46

53 Transition Services The ARD committee must determine the child has successfully completed the child s IEP. The ARD committee must determine that the child has successfully completed the minimum credit requirements. These credit requirements must be the same for the child with the disability as they would be for children without disabilities. Note: this does not mean that the course curriculum must be the same. The ARD committee will decide what the course curriculum requirements the student must reach in order to receive credit for the course. The ARD committee must determine that the child has successfully completed the minimum curriculum requirements to the extent possible with modifications or substitutions only when they are determined to be necessary by the ARD committee in order for the child to receive an appropriate education. The curriculum requirements should reflect the unique abilities of the child. The ARD committee must determine that the child has successfully met one of the following conditions: o Full-time employment, based on the child s abilities and local employment opportunities. The child must also have sufficient selfhelp skills to maintain the employment without the direction and ongoing educational support of the school district. In other words, the student must be capable of maintaining the employment after the student graduates and stops receiving services from the school district. o Access to services which are not within the legal responsibility of public education, or employment or educational options for which the child has been prepared by the academic program. An example of these services could be access for a student with mental retardation to a mental health and mental retardation (MHMR) program after graduation. o Demonstrated mastery of specific employability skills and self-help skills which do not require direct, ongoing educational support from the school district. Note: The child s IEP will dictate which of these conditions must be met. Employability and self-help skills are those skills that are directly related to the preparation of the child for employment, including general skills necessary to obtain or retain employment. For example, these may include preparing the child s job seeking skills, interview skills, resume creating skills, etc. For children who receive a diploma under this part, upon the request of the child or parent to resume services, the ARD Committee must determine needed educational services as long as the child meets the age eligibility requirements. A student may qualify to receive services through the end of the school year in 47

54 Transition Services which he or she reaches age 22. (For more details of age eligibility, see the Adult Student section). The ARD committee will determine what services, if any, should be provided to the child. Graduation Due to Successful Completion of the IEP and No Longer Meeting Age Eligibility Requirements In order for a child receiving special education services to graduate and receive a regular high school diploma under this part, the ARD committee must determine that the child no longer meets age eligibility requirements and that the child has completed his or her specific IEP requirements. After a graduation under this part, the child is no longer qualified to receive special education services from the school district. Once the students exceeds the age of eligibility, the school district is no longer responsible for providing services. Children Who Have Completed Four Years of High School but Have Not Met Graduation Requirements For a student who receives special education services and who has completed four years of high school but has not yet completed his or her IEP, the school must issue a certificate of attendance. The certificate of attendance is NOT a regular high school diploma. According to the Senate Bill 673, the school district must allow the child who is eligible to receive a certificate of attendance to participate in a graduation ceremony with children receiving high school diplomas. This can allow a child receiving special education services to participate in the same graduation ceremony as the students and classmates with whom the child entered high school four years earlier. If a child chooses to receive a certificate of attendance and participate in the graduation ceremony, the child may still continue towards meeting graduation requirements and receiving a diploma as long as the child continues to be age eligible for special education services. A child may only participate in one graduation ceremony where the child receives a certificate of attendance. Also, the school district is not required to allow the child to participate in more than one graduation ceremony. Therefore, if a child participates in the graduation ceremony to receive a certificate of attendance, the school district is not required to allow the child to participate in another graduation ceremony once the child meets graduation requirements. At the time the child completed graduation requirements, the child would still receive a diploma; however, the child may not be allowed to participate in another 48

55 Transition Services graduation ceremony. The child is not required to participate in the graduation where he or she would receive a certificate of attendance. Instead, the student may choose to participate in the graduation ceremony where he or she will receive a diploma. Senate Bill 673 Graduation Ceremony School District Requirements A student with disabilities meets the requirements of Senate Bill (SB) 673 if the student with a disability has completed four years of high school but has not yet completed the requirements of their IEP related to graduation. Prior to the graduation ceremony for which the student would meet the SB 673 requirements, the school district must contact the parents and/or adult student to offer the opportunity to participate in the graduation ceremony with the students with whom they entered high school. The school district representative must inform and explain to the parents and/or adult student that the student would receive a certificate of attendance and not a high school diploma. The school district must inform them that the student may only participate in one graduation ceremony under SB 673. The school district must inform the parents and/or adult student that when the student does graduate in the future, he or she will receive a diploma, but will not be able to participate in another graduation ceremony. If the parents and/or adult student choose to participate in the graduation ceremony where the student will receive a certificate of attendance, the school district will make all the necessary arrangements with the parents and/or adult student consistent with other students to ensure the student is allowed to participate. The school district is also warned against making any distinctions during or related to the graduation ceremony that might jeopardize the confidentiality of the student with a disability or have the potential to violate federal law regarding confidentiality of student information. (For example, listing in a graduation program that the child is receiving a certificate of attendance rather than a diploma violates confidentiality by notifying other people that the student is a student with a disability.) Children who participate in graduation ceremonies but who are not receiving a high school diploma and who will remain in school to complete their education do not have to be evaluated prior to participating in the ceremonies. School districts are not required to convene an ARD committee meeting to implement the requirements of SB 673. Therefore, the ARD committee does not have to meet and approve the decision in order for a child to participate in a graduation ceremony where he or she will receive a certificate of attendance. 49

56 Transition Services Summary of Performance A new requirement of the 2004 reauthorization of the Individuals with Disabilities Education Act (IDEA) is that, prior to graduation from secondary school, the student must be provided with a summary of performance (also known as a summary of achievement and functional performance) that includes recommendations for assistance the student may need to meet their post-secondary goals. The purpose of the summary is to provide the student with a written report that provides important information to consider as the student transitions from secondary school. It should summarize the individual student s abilities, skills, needs, and limitations and provide recommendations to support successful transition to adult living, learning, and working. It should also help the student to understand better the impact of his or her disability and articulate individual strengths and needs as well as supports that would be helpful in post-school life. It may also contain written recommendations from adult service agencies on how to assist the child in meeting postsecondary goals. Although the school district may recommend post-secondary services in the summary of performance, this does not require the school district to provide the recommended services contained in the summary. The recommendations serve as a guide for the child to choose to use or not to use in the future. It does not imply that the school district will provide services after graduation. If the child has graduated from high school with a regular high school diploma or exceeds the mandatory age range (21 years old in Texas), the student is no longer eligible for FAPE (Free Appropriate Public Education). However, if the student turns 21 years old before September 1 st and has not yet graduated, the student is eligible to receive services for the remainder of the school year or until the student graduate, whichever comes sooner. (See the Adult Student section for more details.) Also, the summary of performance may include extra information to assist another program in determining a student s eligibility for services or accommodations, although this is not a requirement, and it in no way makes the school district responsible if the agency does not find the student eligible. The school district is also not responsible for tracking or evaluating whether or not the student s postsecondary goals have been met. Note: The school district is required to keep the child s documents on file for seven years, after which they will be destroyed. The school district currently places a notice in the local paper to notify the parents of how long they have to get copies of the documents, if they want them, before they are destroyed. The district does so by stating that if a child graduated during the school year listed then the documents are about to be destroyed. 50

57 Discipline Discipline Authority of School Personnel When a student with a disability commits a disciplinary offense, the student s disciplinary and special education records are to be reviewed by the school administrator making the disciplinary decision. Like all students, those with disabilities can be suspended or expelled for violating the school s code of conduct; however, there are some additional procedures that schools must follow when disciplining students with disabilities. This section will describe and explain these additional procedures. The 2004 amendment to the Individuals with Disabilities Education Act (IDEA) provides school personnel with the authority to consider any unique circumstances on a case-by-case basis when making a determination to discipline a student with a disability. This provision has provided flexibility for school personnel operating within a district s zero-tolerance policy. A zero-tolerance policy usually requires school administrators to follow a specific suspension or expulsion policy for violations of the code of conduct, regardless of the situation. Now, school personnel may choose not to suspend a student with a disability if the unique circumstances lead school administrators to decide that suspension is not appropriate. Factors that administrators can consider include a student s disciplinary history, ability to understand consequences, expression of remorse, and supports provided to the student prior to the violation. Authority to Remove for Less than 10 Consecutive Days School administrators may remove a child with a disability who violates the student code of conduct from the current placement to an appropriate interim alternative educational setting (IAES), another setting, or suspension for not more than 10 consecutive school days. The duration should be to the same extent as would be applied to children without disabilities. A child with disabilities may be removed additional times from the current placement, within the same school year, for separate incidents of misconduct. These additional removals must also be for a period of time no more than 10 consecutive days. Authority to Remove for More than 10 Consecutive Days School administrators may apply the relevant disciplinary procedures that would apply to children without disabilities if the behavior that gave rise to the violation was determined not to be a manifestation of the child s disability, the notification 51

58 Discipline of a change of placement is given, and services are provided during the period of removal. (For more information on manifestation, see the Manifestation Determination section. For more information on change of placement, see the Change of Placement section.) According to Texas Education Code , a suspension may not exceed three consecutive days. School administrators may remove a student to an interim alternative educational setting (IAES) regardless of whether or not the behavior is a manifestation of the child disability if the action or violation falls under the category of Special Circumstances (see section labeled Special Circumstances for more details) and if the removal is not longer than 45 school days. Limitation on General Authority A child with a disability may not be disciplined for bullying, harassment, or making hit lists until an ARD committee meeting has been held to review the conduct. Change of Placement Federal and State Requirements School administrators must consider unique circumstances on a case-by-case basis when determining whether a change in placement is appropriate. A change of placement occurs if the removal is for more than 10 consecutive days or the child has shown a pattern of behavior with a series of removals. A pattern is defined as a series of removals totaling more than 10 cumulative school days in a school year and the child s behavior is substantially similar to the behavior in previous incidents that resulted in removals. A change in placement results in a temporary alteration of the child s IEP definition of placement. Placement is based on the amount of time receiving special education services versus general educational instruction. Decision The campus administrator is responsible for determining whether or not a pattern of removals constitutes a change of placement; however, that determination is subject to review through due process and judicial proceedings. The district must still comply with the Services during Periods of Removal (see Services during Periods of Removal section for more details). Also, a Manifestation Determination, as defined in the Manifestation Determination section, must be 52

59 Discipline made within 10 school days of the decision to make a change of placement resulting from a violation of the student code of conduct. Notification Parents must be notified on the date that the decision is made to make a change of placement removal. On that date, parents must also be provided with the Procedural Safeguards notice. Manifestation Determination Federal and State Requirements A manifestation determination must be made within 10 school days of the decision to make a change of placement resulting from a violation of the student code of conduct (see Change of Placement section for more details). The manifestation determination must be made by the ARD committee. The ARD committee includes the local educational agency (LEA), the parent, and relevant members of the child s ARD committee as determined by the parent and the LEA (see the Admission, Review and Dismissal Committee section for more details on what constitutes the ARD committee). Disciplinary ARD Process Information When making a manifestation determination, the ARD committee must review all relevant information in the child s file. This must include the child s IEP, any teacher observations, and any relevant information provided by the parents. According to the Education Code , the ARD committee may request that the Board or designee convene a review committee to assist in conducting the review of alternate placement. (For more information on the ARD Process, see the section titled ARD.) The disciplinary ARD will follow the same format as the standard, annual ARD; however, the disciplinary ARD will only discuss topic specific to the student s discipline. Requirements Prior to ARD The draft of the functional behavior assessment (FBA) and behavior improvement plan (BIP) must be completed prior to the Disciplinary ARD meeting. The FBA is designed to discover the source of the behavior, and the BIP outlines a plan to address and correct or replace the behavior. They must be completed by the licensed specialist in school psychology (LSSP) or the diagnostician in conjunction with the student s special and general education 53

60 Discipline teachers. These drafts will be reviewed at the disciplinary ARD meeting, so the material must be ready to present at the time of the ARD. Note: Any assignment of a student with disabilities to a disciplinary alternative education program (DAEP) must be followed by an ARD meeting where a FBA and BIP should be completed. The FBA should include the following elements: Describe the specific behavior. Determine the duration, frequency, and intensity of any patterns of behavior. Identify and describe any events or situations that logically serve as the stimulus for the child s behavior. Identify and describe any consequences of the action and their effectiveness on the behavior. Determine the purpose of the student s behavior. For example, to get something or avoid, control, or escape a situation. Describe the relationship of the behavior to the event and provide possible variables that can be changed in the setting or the situation. The BIP should include the following: Teaching the student alternatives to the behavior and include the need to use positive reinforcement along with consequences. Discussing and enacting consistent implementation. Discussing the time needed for the BIP and accommodations to work. Determination Conduct constitutes a manifestation of the child s disability if the ARD committee determines either one of the following two conditions: 1) the conduct was caused by or had a direct and significant relationship to the child s disability, or 2) the conduct in question was the direct result of the district s failure to implement the child s IEP. In order to be classified as a manifestation, the conduct in question must have been caused by or had a direct and substantial relationship to the child s disability. It cannot be merely a correlation, such as low self-esteem, to the child s disability. When Behavior is a Manifestation If the ARD committee determines in the Manifestation Determination review (See the Manifestation Determination section for more details.) that the conduct was a direct result of the failure of the school district to implement the child s IEP, the district must take immediate steps to remedy those deficiencies. 54

61 Discipline If the conduct was determined to be a manifestation of the child s disability, the ARD committee must conduct a functional behavioral assessment (FBA) and implement a behavioral intervention plan (BIP) for the child. A FBA must also be completed when removal is more than 10 school days or removals were due to drugs, weapons or serious bodily injury. If a FBA has already been conducted and if the BIP has been developed, the ARD committee must review the BIP and modify it to address the behavior. The FBA is designed to discover the source of the behavior, and the BIP outlines a plan to address and correct or replace the behavior. Relevant members, including the general education teacher, must participate in providing information for the FBA and developing the BIP. Also, if the ARD committee determines the conduct was a manifestation of the child s disability, the ARD committee must return the child to the original placement from which the child was removed unless the action or violation falls under the category of Special Circumstances (See section labeled Special Circumstances for more details.) or the ARD committee agrees to a change of placement as part of the BIP. When Behavior is Not a Manifestation For a disciplinary change in placement that the ARD committee has determined not to be a manifestation of the child s disability that would exceed 10 consecutive school days, school administrators may apply the disciplinary procedures to the child with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities. Services during Periods of Removal must still be provided to the student during this time. (See Services during periods of Removal section for more details.) Services during Periods of Removal Removals for 10 or Less Cumulative Days For removals totaling 10 cumulative school days or less during that school year, the school district is only required to provide services to the child with a disability if it provides services to a child without disabilities who is similarly removed. However, if the school district chooses to provide the student s unique IEP services during the short term removal, the school administration does not count the days that services are provided toward the 10 cumulative. In other words, if a student has not been removed for more than 10 days, the district is not required to provide the child s individual special education services, although the district may choose to provide them, so the days do not count towards the yearly accumulation of removal days. Removals for More than 10 Cumulative Days that are Not a Change of Placement 55

62 Discipline The school district must conduct a change of placement analysis before determining if removals constitute a change of placement. (See Change of Placement section for more details.) After a child with disability has been removed from his or her current placement for more than 10 total school days in the same year, and it has been decided that the behavior does not constitute a change of placement, school personnel must determine to what extent services must be provided to meet standards for a Free Appropriate Public Education (FAPE). These services may be provided in an interim alternative education setting (IAES) such as in a disciplinary alternative education program (DAEP). The ARD committee is responsible for determining the location of the IAES during the disciplinary ARD. The IAES allows the child to continue to participate in the general education curriculum while in another setting and/or enables the child to progress toward meeting the goals set out in the child s IEP. The current removal in question cannot be for more than 10 consecutive school days. (See the Authority to Remove for More than 10 Consecutive Days section.) Removals that Are a Change of Placement The district must conduct a change of placement analysis before determining if removals constitute a change of placement. (See Change of Placement section for more details.) If the child s behavior has been found not to be a manifestation of the child s disability or if the child has been removed due to Special Circumstances, the ARD committee must determine the following: To what extent services must be provided to meet standards for a Free Appropriate Public Education (FAPE). These services may be provided in an interim alternative education setting (IAES). This allows the child to continue to participate in the general education curriculum while in another setting and/or enables the child to progress toward meeting the goals set out in the child s IEP. As appropriate, a functional behavioral assessment (FBA) should be conducted to ensure that a behavior intervention plan (BIP) is design to meet the student s needs. This includes behavioral intervention services and modifications to address the behavior violation so that it does not recur. The ARD committee must determine the IAES that should be used. (One example of a possible IAES is a disciplinary alternative education program, or DAEP, placement.) (See the Manifestation Determination section, the Special Circumstances section, and the Requirements Prior to ARD section for more details.) 56

63 Discipline Special Circumstances Certain offenses can lead to a student being moved to an interim alternative educational placement for up to 45 school days even if the conduct is determined to be related to the student s disability. These offenses are known as special circumstances. If special circumstances exist, a school administrator may remove a child with a disability. (See Authority to Remove for More than 10 Consecutive Days section for more details.) If the removal is for more than 10 consecutive days, the district must comply with the change of placement and conduct a Manifestation Determination review. (See the Change of Placement section and Manifestation Determination section for more details) Services during Periods of Removal must still be determined and provided to the child during the removal. (See Services during Periods of Removal for more details.) Special circumstances exist if the child: Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of the state educational agency (SEA) or local educational agency (LEA). o The term dangerous weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for or is readily capable of causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 ½ inches in length. Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA: o Controlled substance means a drug or other substance identified under 21 USC 812 schedules I, II, III, IV, or V. o Illegal drug means a controlled substance but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of federal law. Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the SEA or LEA: o The term serious bodily injury means bodily injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. 57

64 Restraint and Time-Out Restraint and Time-Out Federal and State Requirements Any behavior management technique or discipline management practice conducted by district employees must be implemented for the purpose of protecting the health and safety of the student and others. Under no circumstances should a discipline management practice be implemented by district employees in order to inflict injury, cause harm, demean, or deprive the student of basic human necessities. It is the policy in this state and at this school district to treat all students, including those with disabilities, with dignity and respect. Seclusion and Confinement A student with a disability must not be placed into seclusion. Seclusion is defined as confining a student in a locked space as a discipline management practice or a behavior management technique including but not limited to a locked box, locked closet, or other specially designed locked space. This does not prevent a student s locked, unattended confinement in an emergency situation while awaiting the arrival of law enforcement personnel if the student possesses a weapon or if the confinement is necessary to prevent the student from causing bodily harm to the student or another person. Physical Restraint Restraint is defined as the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of the student s body. Restraint may only be used in an emergency. An emergency is defined as a situation where a student s behavior poses a threat of imminent, serious physical harm to the student, other individuals, or property. Physical restraint does not include the following: Physical contact or use of appropriate adaptive equipment to promote normative body positioning and/or physical functioning, such as helping a severely disabled student sit up. Limited physical contact with a student to promote safety, such as holding a student s hand. Limited physical contact with a student to prevent a potentially harmful action, such as a student running into a street. Limited physical contact with a student to teach a skill or provide comfort. Limited physical contact with a student or use of appropriate adaptive equipment to prevent a student from harming themselves with ongoing and repetitive self-injurious behaviors. 58

65 Restraint and Time-Out Use of seat belts and other safety equipment used to secure students during transportation. A school employee, volunteer, or independent contractor may use restraint only in an emergency. In an emergency, the restraint has the following limitations: Restraint must not be excessive, meaning it must be limited to what is reasonable to address the emergency. Restraint must be discontinued as soon as the emergency no longer exists. Restraint must be implemented in a way that will best protect the health and safety of the student and others. Restraint must not deprive the student of basic human necessities. Required Documentation The following documentation requirements must be met any time restraint is used by school employees, volunteers, or independent contractors: On the day restraint is utilized, the campus administrator or designee must be notified regarding the use of restraint, and a good faith effort must be made to verbally notify the parents regarding the use of restraint on their child. Written notification must be sent to the parents within one school day of the use of restraint. Written documentation regarding the use of restraint must be placed in the student s special education eligibility folder in a timely manner so the information is available to the ARD committee when it reviews the behavior and its impact on the student s learning and BIP. Time-Out Time-out is defined as a behavior management technique used to give a student an opportunity to regain self-control. In a time-out, the student is separated from other students for a limited period. However, the setting where the student is located must not be locked or have an exit that is held shut from the outside or physically blocked by furniture or another inanimate object. Physical force must not be used to place a student in time-out. Time-outs can only be used in conjunction with positive behavior intervention strategies and techniques. The use of time-outs must be included in the child s IEP and/or BIP if it is used on a recurrent basis to increase or decrease a targeted behavior. The implementation of time-out should not prevent the student from being involved in and progressing in the general curriculum as well as advancing appropriately toward attaining the annual goals specified in the child s IEP. 59

66 Restraint and Time-Out Required Documentation If documentation or data collection is needed regarding the use of time-out, the specifications of what is required must be addressed in the IEP or BIP. The ARD committee must use any collected data when judging the effectiveness of the intervention and making a decision concerning its future use. 60

67 Incarcerated Students Incarcerated Students The obligation of the school district to make a free appropriate public education (FAPE) available to all children with disabilities does not apply to children aged 18 through 21 who, in the last educational placement prior to incarceration in an adult correction facility, were not actually identified as being a child with a disability and did not have an individualized education program (IEP). However, the obligation to make FAPE available to children with disabilities aged 18 through 21 does apply to children who had been identified as having a disability and had received services in accordance with an IEP but who left school before their incarceration. The obligation to make FAPE available also applies to children who had been identified as a child with a disability but did not have an IEP in place before their incarceration. The school district is not required to provide transition services if the student will be released from prison after he or she is no longer age eligible under the Individuals with Disabilities Education Act (IDEA). Transfer of Parental Rights All rights given to parents under the Individuals with Disabilities Education Act (IDEA) transfer to students who are incarcerated in an adult or juvenile federal, state, or local correctional institution. Notice of this transfer of parental rights to the incarcerated students must be given to the parent and the incarcerated student. However, the school district is not required to provide prior written notice of the transfer of rights. 61

68 Transfer Students Transfer Student A transfer student refers to a student who transitions from attending one school district to another. This transition of services can be a complicated process. To facilitate the transition, the new school district must take reasonable steps to promptly obtain the child s records, including the IEP, supporting documents, and other documents relating to the child s special education and related services. Likewise, the previous school district must take reasonable steps to promptly provide the child s records to the new school district. When an Evaluation is Pending When a child s evaluation for services is pending during a transfer within an academic year, assessments must be coordinated as necessary to ensure prompt completion of the student s full and individual evaluation (FIE). The parent and school district must agree to a specific time when the evaluation will be completed. The school district must also make sufficient progress within the first 60 days of the child s attendance at the district toward ensuring prompt completion of the child s evaluation. (For more information on the FIE process and content, see the Full and Individual Evaluation section.) Individualized Education Program (IEP) for Transfers within the State After verifying that the child had an individualized education program (IEP) in effect, the new school district must provide service comparable to those described in the IEP until an ARD committee can meet to discuss the child s IEP. The school district will assign an ARD committee to the child. This committee will then meet to adopt the previously held IEP or to develop, adopt, and implement a new IEP. (For more information on the IEP, see the Individualized Education Program section. For more information on the ARD committee members, see the Admission, Review, and Dismissal Committee section.) Individualized Education Program (IEP) for Transfers Outside the State As with transfer within the state, after verifying that the child had an individualized education program (IEP) in effect, the new school district must provide service comparable to those described in the IEP until an ARD committee can meet to discuss the child s IEP. The school district will assign an ARD committee to the child. The school district must conduct evaluations to determine the effectiveness of the previously held IEP. If a new IEP must be developed, additional evaluations may be required to help determine the best IEP for the child s unique needs. 62

69 Transfer Students (For more information on the IEP, see the Individualized Education Program section. For more information on the ARD committee members, see the Admission, Review, and Dismissal Committee section.) 63

70 Private Schools Private Schools The school district s duty of Child Find includes children attending primary and secondary education private schools. However, it does not include student beyond grade 12 who attend private educational institutions. In order to determine the number of children with disabilities attending private schools, the school district must consult with representatives of private schools in addition to its thorough and complete Child Find process. (For more information on Child Find, see the Locating Student Who Need Special Education Services section.) The school district is responsible for controlling and properly administering the federal, state, and local funds provided to the district to provide special education and related services to children attending private schools as well as the materials, equipment, and property purchased with those funds for the children s services. In most case, the child s services may be provided on the private school s premises even if it is a religious private school. Services may also be provided directly by the public agency s personnel. This often refers to the public school district s personnel; however, they may also be provided through contract by the public agency with an outside individual, agency, or other organization. These services provided through the school district and its funds must be secular, neutral, and nonideological. Consultations Consultations among the private school representatives and parents and the public school districts must occur during the design and development of special education and related services for parentally placed private schools. The school district must have written affirmation signed by the representatives of the private school that timely and meaningful consultation has occurred. Right of the Private School Official to Complain A private school official has the right to submit a complaint to the Texas Education Agency (TEA) if the school district does not engage in meaningful and timely consultation or does not give due consideration to the views of the private school officials. However, the complaining official must provide the basis of the noncompliance to the TEA. If the private school official is dissatisfied with the decision of the TEA, the official may submit a complaint to the U.S. Secretary of Education by providing the basis of the noncompliance to the Secretary. 64

71 Private Schools Dual Enrollment Dual enrollment is when a parent of a child with a disability enrolls the child in both public and private school. From the child s individualized education program (IEP), the parent and the school district must determine, based on the requirements of the least restrictive environment (LRE) as well as the policies and procedures of the district which special education and/or related services will be provided and where they will be provided. (For more information on the IEP, see the Individualized Education Program section. For more information on the LRE, see the Least Restrictive Environment section.) In order to dually enroll, the child must meet the age requirements, beginning on the child s third birthday and continuing to the end of the school year in which the child turns five or when the child is eligible to attend the school district s kindergarten program. The school district must provide special transportation with federal funds only when the ARD committee determines that the condition of the child warrants the service in order for the child to receive the services set forth in the child s IEP. (For more information on the ARD committee, see the Admission, Review, and Dismissal sections.) Complaints regarding the implementation of the components of the child s IEP that have been selected by the parent and the school district may be filed with the Texas Education Association (TEA). The procedures relating to due process hearing do not apply to complaints regarding the implementation of the components of the child s IEP that have been selected by the parent and the school district. 65

72 Contact Information Contact Information The Special Education Cooperative serves the districts of Cotulla ISD, Dilley ISD, and Pearsall ISD. Mailing Information Mailing Address: 318 Berry Ranch Road Pearsall, TX Director of Special Education The Director of Special Education for the Special Education Cooperative is Mrs. Valerie Dykstra. Phone: Fax: Contact Person for Records The contact person for information on student records is Ms. Grace Perez. Phone: ext:1132 Copyright 2011 by Special Education Cooperative Designed and Produced By: Lisa Marie Benton 66