AUTISM

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.304  Evaluation procedures. 

. . . 
(c) Other evaluation procedures. Each public agency must ensure that— 
     . . . 
    (4) The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities; 
     . . . 


Last Amended:  71 FR 46785, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(b)  Eligibility determination. The determination of whether a student is eligible for special education and related services is made by the student's admission, review, and dismissal committee. Any evaluation or re-evaluation of a student must be conducted in accordance with 34 CFR, §§300.301-300.306 and 300.122. The multidisciplinary team that collects or reviews evaluation data in connection with the determination of a student's eligibility must include, but is not limited to, the following:
(1)  a licensed specialist in school psychology (LSSP), an educational diagnostician, or other appropriately certified or licensed practitioner with experience and training in the area of the disability; or
(2)  a licensed or certified professional for a specific eligibility category defined in subsection (c) of this section.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
. . .  
(5)  34 CFR, §§300.302-300.306 (relating to evaluations, re-evaluations, and determination of eligibility); 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(c)  Eligibility definitions.
(1)  Autism. A student with autism is one who has been determined to meet the criteria for autism as stated in 34 CFR, §300.8(c)(1). Students with pervasive developmental disorders are included under this category. The team's written report of evaluation must include specific recommendations for behavioral interventions and strategies.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
    (1)
       (i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(c)  Eligibility definitions.
(1)  Autism. A student with autism is one who has been determined to meet the criteria for autism as stated in 34 CFR, §300.8(c)(1). Students with pervasive developmental disorders are included under this category. The team's written report of evaluation must include specific recommendations for behavioral interventions and strategies.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
    (1)
       (i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
    (1)
       (i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
    (1)
       (i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
    (1)
       (i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
    (1)
       (i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
    (1)
       (i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
    (1)
       (i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
    (1)
       (i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
    (1)
. . .  
       (iii) A child who manifests the characteristics of autism after age three could be identified as having autism if the criteria in paragraph (c)(1)(i) of this section are satisfied. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
    (1)
       (i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(c)  Eligibility definitions.
(1)  Autism. A student with autism is one who has been determined to meet the criteria for autism as stated in 34 CFR, §300.8(c)(1). Students with pervasive developmental disorders are included under this category. The team's written report of evaluation must include specific recommendations for behavioral interventions and strategies.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
    (1)
. . . 
       (ii) Autism does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in paragraph (c)(4) of this section. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

TARGET: Texas Autism Resource Guide for Effective Teaching-Evaluations (TSLAT)

OSEP Dear Colleague Letter (July 6, 2015)

OSEP Letter to Anonymous (November 28, 2007)

OSEP Letter to Anonymous (January 13, 2010)

OSEP Letter to Anonymous (February 29, 2012)