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SUPPLEMENTARY AIDS AND SERVICES, SPECIAL EDUCATION, RELATED SERVICES

SUPPLEMENTARY AIDS AND SERVICES, SPECIAL EDUCATION, RELATED SERVICES

Authorities: 34 CFR Part 300; Texas Education Code; 19 TAC Chapter 74, 89
 
 
 
  FEDERAL AND STATE REQUIREMENTS
Supplementary aids and services, special education, and related services must be based on peer-reviewed research to the extent practicable.
 
SUPPLEMENTARY AIDS AND SERVICES
The admission, review, and dismissal (ARD) committee must determine needed supplementary aids and services to be provided to the child, or on behalf of the child.
The term supplementary aids and services means aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable the child with a disability to be educated with nondisabled children to the maximum extent appropriate.
 
SPECIAL EDUCATION
The ARD committee must determine needed special education services.
The term special education means specially-designed instruction, at no cost to parents, to meet the unique needs of the child with a disability.
 
RELATED SERVICES
The ARD committee must determine needed related services.
The term related services means transportation, and such developmental, corrective, and other supportive services as may be required to assist the child with a disability to benefit from special education.

A child is eligible to receive audiology services provided under the school health and related services program of the Health and Human Services Commission, as outlined in the FUNDING FOR NONEDUCATIONAL SERVICES framework, if the child:

  • Is 20 years of age or younger;
  • Has a disability or chronic medical condition;
  • Is eligible for Medicaid benefits; and
  • Has been prescribed the services under:
    • An individualized education program (IEP); or 
    • A plan created under Section 504.
For each child placed in a residential setting by the ARD committee:
  • The resident school district will be responsible for transportation at the beginning and end of the term and for regularly scheduled holidays when the children are expected to leave the residential campus; and
  • When the ARD committee determines it is necessary for the safety of the child to be accompanied by an adult designated by the ARD committee, round-trip transportation for that adult must also be provided.
 
PROGRAM MODIFICATIONS AND SUPPORTS FOR SCHOOL PERSONNEL
The ARD committee must determine needed program modifications or supports for school personnel that will be provided to the child to enable the child to:
  • Advance appropriately toward attaining the annual goals;
  • Be involved in and make progress in the general education curriculum, and be afforded an equal opportunity to participate in extracurricular and other nonacademic activities including, to the maximum extent appropriate, in nonacademic settings and services such as:
    • Meals;
    • Recess periods;
    • Counseling services;
    • Athletics;
    • Transportation;
    • Health services;
    • Recreational activities;
    • Special interest groups or clubs sponsored by the local educational agency (LEA);
    • Referrals to other agencies that provide assistance to individuals with disabilities;
    • Employment of children, including both employment by the LEA and assistance in making outside employment available; and
  • Be educated and participate with other children with disabilities and nondisabled children.
A determination that the child is unable to complete the requirement to receive instruction in cardiopulmonary resuscitation is made by the ARD committee.
 
TRAINING TO IMPLEMENT THE IEP
The LEA is required to provide training to an educator who works primarily outside the area of special education only if the educator does not possess the knowledge and skills necessary to implement the IEP developed for the child receiving instruction from the educator:
  • The LEA will determine the time and place at which the training is delivered;
  • The LEA must include training that is evidence-based, and that:
    • Relates to instruction of children with disabilities, including students with disabilities who also have other intellectual or mental health conditions; and
    • Is designed for educators who work primarily outside the area of special education; and
  • In developing or maintaining the training, the LEA must consult with persons with expertise in research-based practices for children with disabilities such as:
    • Persons from colleges, universities, private and nonprofit organizations, regional education service centers;
    • Qualified LEA personnel; and
    • Any other persons identified as qualified by the LEA.
 
INTENSIVE PROGRAM OF INSTRUCTION
For the child who did not perform satisfactorily on a state assessment under the STATE AND DISTRICTWIDE ASSESSMENTS framework or who is likely not to receive a high school diploma before the fifth school year following the child's enrollment in grade 9:
  • The ARD committee must design the intensive program of instruction:
    • To enable the child to attain a standard of annual growth on the basis of the child's IEP; and
 
ACCELERATED READING INSTRUCTION
For the child in kindergarten or grades 1 or 2 who did not perform satisfactorily on a reading instrument selected from the list adopted by the commissioner of education or by the district-level committee:
  • The ARD committee must determine the manner in which the child will participate in an accelerated reading instruction program.
 
STUDENT SUCCESS INITIATIVE FOR CHILDREN IN GRADES THREE THROUGH EIGHT
The ARD committee must determine the manner in which the child will participate in an accelerated instruction program when required as part of the Student Success Initiative.
The ARD committee must determine whether the child will be promoted or retained when required as part of the Student Success Initiative.
For the child in grades 5 and 8:
  • The ARD committee must meet before the child is administered a state reading or math assessment under the STATE AND DISTRICTWIDE ASSESSMENTS framework for the second time;
  • The ARD committee may promote the child to the next grade level if the committee concludes that the child has made sufficient progress in the measurable academic goals contained in the child's IEP;
  • The LEA that promotes the child under the Student Success Initiative is not required to provide an additional opportunity for the child to perform satisfactorily on the assessment; and
 
PERSONAL GRADUATION PLAN IN JUNIOR HIGH AND MIDDLE SCHOOL
For the child in junior high or middle school, the child's IEP may be used as the child's personal graduation plan.
 
INITIATION, FREQUENCY, AND DURATION OF SERVICES
The ARD committee must determine and include in the child's IEP:
  • The projected date for the beginning of the services and modifications;
  • The anticipated frequency of those services and modifications; and
  • The anticipated duration of those services and modifications.
The ARD committee must determine the appropriate length of school day and specify the length of school day in the IEP.
Children with disabilities must have available an instructional day commensurate with that of children without disabilities.
 
LOCATION
The ARD committee must determine and include in the IEP the anticipated location of the services and modifications.
If, for the purpose of receiving special education services, the LEA assigns the child to a campus location other than the campus location the child would attend based on the child's residence:
  • The LEA must permit the child's parent, guardian, or other person standing in parental relation to the child to obtain a transfer to the assigned campus for any other child residing in the household of the child receiving special education services, provided that:
    • The other child is entitled to attend school in the LEA;
    • The appropriate grade level for the other child is offered at the campus;
    • The child receiving special education services does not reside in a residential facility; and
    • The LEA is not required to provide transportation to the other child who transfers to another campus location under this section; however, this does not affect any transportation services provided by the LEA in accordance with other laws for the child receiving special education services.
  Last Updated : Mon, Nov 28, 2022