| (a) Each local school district shall be able to provide
services with special education personnel to students with disabilities
in order to meet the special needs of those students in accordance
with 34 Code of Federal Regulations, §§300.114-300.118.
(b) Subject to §89.1075(e) of this title (relating
to General Program Requirements and Local District Procedures), for
the purpose of determining the student's instructional arrangement/setting,
the regular school day is defined as the period of time determined
appropriate by the admission, review, and dismissal (ARD) committee.
(c) Instructional arrangements/settings shall be based
on the individual needs and individualized education programs (IEPs)
of eligible students receiving special education services and shall
include the following.
(1) Mainstream. This instructional arrangement/setting
is for providing special education and related services to a student
in the regular classroom in accordance with the student's IEP. Qualified
special education personnel must be involved in the implementation
of the student's IEP through the provision of direct, indirect, and/or
support services to the student and/or the student's regular classroom
teacher(s) necessary to enrich the regular classroom and enable student
success. The student's IEP must specify the services that will be
provided by qualified special education personnel to enable the student
to appropriately progress in the general education curriculum and/or
appropriately advance in achieving the goals set out in the student's
IEP. Examples of services provided in this instructional arrangement
include, but are not limited to, direct instruction, helping teacher,
team teaching, co-teaching, interpreter, educational aides, curricular
or instructional modifications/accommodations, special materials/equipment,
positive classroom behavioral interventions and supports, consultation
with the student and his/her regular classroom teacher(s) regarding
the student's progress in regular education classes, staff development,
and reduction of ratio of students to instructional staff.
(2) Homebound. This instructional arrangement/setting
is for providing special education and related services to students
who are served at home or hospital bedside.
(A) Students served on a homebound or hospital bedside
basis are expected to be confined for a minimum of four consecutive
weeks as documented by a physician licensed to practice in the United
States. Homebound or hospital bedside instruction may, as provided
by local district policy, also be provided to chronically ill students
who are expected to be confined for any period of time totaling at
least four weeks throughout the school year as documented by a physician
licensed to practice in the United States. The student's ARD committee
shall determine the amount of services to be provided to the student
in this instructional arrangement/setting in accordance with federal
and state laws, rules, and regulations, including the provisions specified
in subsection (b) of this section.
(B) Home instruction may also be used for services
to infants and toddlers (birth through age 2) and young children (ages
3-5) when determined appropriate by the child's individualized family
services plan (IFSP) committee or ARD committee. This arrangement/setting
also applies to school districts described in Texas Education Code, §29.014.
(3) Hospital class. This instructional arrangement/setting
is for providing special education instruction in a classroom, a hospital
facility, or a residential care and treatment facility not operated
by the school district. If the students residing in the facility are
provided special education services outside the facility, they are
considered to be served in the instructional arrangement in which
they are placed and are not to be considered as in a hospital class.
(4) Speech therapy. This instructional arrangement/setting
is for providing speech therapy services whether in a regular education
classroom or in a setting other than a regular education classroom.
When the only special education or related service provided to a student
is speech therapy, then this instructional arrangement may not be
combined with any other instructional arrangement.
(5) Resource room/services. This instructional arrangement/setting
is for providing special education and related services to a student
in a setting other than regular education for less than 50% of the
regular school day.
(6) Self-contained (mild, moderate, or severe) regular
campus. This instructional arrangement/setting is for providing special
education and related services to a student who is in a self-contained
program for 50% or more of the regular school day on a regular school
campus.
(7) Off-home campus. This instructional arrangement/setting
is for providing special education and related services to the following,
including, but not limited to, students at South Texas Independent
School District and Windham School District:
(A) a student who is one of a group of students from
more than one school district served in a single location when a free
appropriate public education is not available in the respective sending
district;
(B) a student in a community setting or environment
(not operated by a school district) that prepares the student for
postsecondary education/training, integrated employment, and/or independent
living in coordination with the student's individual transition goals
and objectives, including a student with regularly scheduled instruction
or direct involvement provided by school district personnel or a student
in a facility not operated by a school district (other than a nonpublic
day school) with instruction provided by school district personnel;
or
(C) a student in a self-contained program at a separate
campus operated by the school district that provides only special
education and related services.
(8) Nonpublic day school. This instructional arrangement/setting
is for providing special education and related services to students
through a contractual agreement with a nonpublic school for special
education.
(9) Vocational adjustment class/program. This instructional
arrangement/setting is for providing special education and related
services to a student who is placed on a job (paid or unpaid unless
otherwise prohibited by law) with regularly scheduled direct involvement
by special education personnel in the implementation of the student's
IEP. This instructional arrangement/setting shall be used in conjunction
with the student's individual transition goals and only after the
school district's career and technical education classes have been
considered and determined inappropriate for the student.
(10) Residential care and treatment facility (not school
district resident). This instructional arrangement/setting is for
providing special education instruction and related services to students
who reside in care and treatment facilities and whose parents do not
reside within the boundaries of the school district providing educational
services to the students. In order to be considered in this arrangement,
the services must be provided on a school district campus. If the
instruction is provided at the facility, rather than on a school district
campus, the instructional arrangement is considered to be the hospital
class arrangement/setting rather than this instructional arrangement.
Students with disabilities who reside in these facilities may be included
in the average daily attendance of the district in the same way as
all other students receiving special education.
(11) State-supported living center. This instructional
arrangement/setting is for providing special education and related
services to a student who resides at a state-supported living center
when the services are provided at the state-supported living center
location. If services are provided on a local school district campus,
the student is considered to be served in the residential care and
treatment facility arrangement/setting.
(d) The appropriate instructional arrangement for students
from birth through the age of two with visual impairments or who are
deaf or hard of hearing shall be determined in accordance with the
IFSP, current attendance guidelines, and the agreement memorandum
between the Texas Education Agency (TEA) and Texas Health and Human
Services Commission Early Childhood Intervention Services.
(e) For nonpublic day school placements, the school
district or shared service arrangement shall submit information to
TEA indicating the students' identification numbers, initial dates
of placement, and the names of the facilities with which the school
district or shared service arrangement is contracting. The school
district or shared service arrangement shall not count contract students'
average daily attendance as eligible. TEA shall determine the number
of contract students reported in full-time equivalents and pay state
funds to the district according to the formula prescribed in law.
(f) Other program options that may be considered for
the delivery of special education and related services to a student
may include the following:
(1) contracts with other school districts; and
(2) other program options as approved by TEA.
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