| (a) The individualized education program (IEP) developed
by the admission, review, and dismissal (ARD) committee for each student
with a disability must comply with the requirements of 34 Code of
Federal Regulations (CFR), §300.320 and §300.324.
(b) The IEP must include a statement of any individual
appropriate and allowable accommodations in the administration of
assessment instruments developed in accordance with Texas Education
Code (TEC), §39.023(a)-(c), or districtwide assessments of student
achievement (if the district administers such optional assessments)
that are necessary to measure the academic achievement and functional
performance of the student on the assessments. If the ARD committee
determines that the student will not participate in a general statewide
or districtwide assessment of student achievement (or part of an assessment),
the IEP must include a statement explaining:
(1) why the student cannot participate in the general
assessment; and
(2) why the particular alternate assessment selected
is appropriate for the student.
(c) If the ARD committee determines that the student
is in need of extended school year (ESY) services, as described in §89.1065
of this title (relating to Extended School Year Services), then the
IEP must identify which of the goals and objectives in the IEP will
be addressed during ESY services.
(d) For students with visual impairments, from birth
through 21 years of age, the IEP or individualized family services
plan (IFSP) must also meet the requirements of TEC, §30.002(e).
(e) For students eligible under §89.1040(c)(1)
of this title (relating to Eligibility Criteria), the strategies described
in this subsection must be considered, based on peer-reviewed, research-based
educational programming practices to the extent practicable and, when
needed, addressed in the IEP:
(1) extended educational programming (for example:
extended day and/or extended school year services that consider the
duration of programs/settings based on assessment of behavior, social
skills, communication, academics, and self-help skills);
(2) daily schedules reflecting minimal unstructured
time and active engagement in learning activities (for example: lunch,
snack, and recess periods that provide flexibility within routines;
adapt to individual skill levels; and assist with schedule changes,
such as changes involving substitute teachers and pep rallies);
(3) in-home and community-based training or viable
alternatives that assist the student with acquisition of social/behavioral
skills (for example: strategies that facilitate maintenance and generalization
of such skills from home to school, school to home, home to community,
and school to community);
(4) positive behavior support strategies based on relevant
information, for example:
(A) antecedent manipulation, replacement behaviors,
reinforcement strategies, and data-based decisions; and
(B) a behavioral intervention plan developed from a
functional behavioral assessment that uses current data related to
target behaviors and addresses behavioral programming across home,
school, and community-based settings;
(5) beginning at any age, consistent with subsection
(h) of this section, futures planning for integrated living, work,
community, and educational environments that considers skills necessary
to function in current and post-secondary environments;
(6) parent/family training and support, provided by
qualified personnel with experience in Autism Spectrum Disorders (ASD),
that, for example:
(A) provides a family with skills necessary for a student
to succeed in the home/community setting;
(B) includes information regarding resources (for example:
parent support groups, workshops, videos, conferences, and materials
designed to increase parent knowledge of specific teaching/management
techniques related to the student's curriculum); and
(C) facilitates parental carryover of in-home training
(for example: strategies for behavior management and developing structured
home environments and/or communication training so that parents are
active participants in promoting the continuity of interventions across
all settings);
(7) suitable staff-to-student ratio appropriate to
identified activities and as needed to achieve social/behavioral progress
based on the student's developmental and learning level (acquisition,
fluency, maintenance, generalization) that encourages work towards
individual independence as determined by, for example:
(A) adaptive behavior evaluation results;
(B) behavioral accommodation needs across settings;
and
(C) transitions within the school day;
(8) communication interventions, including language
forms and functions that enhance effective communication across settings
(for example: augmentative, incidental, and naturalistic teaching);
(9) social skills supports and strategies based on
social skills assessment/curriculum and provided across settings (for
example: trained peer facilitators (e.g., circle of friends), video
modeling, social stories, and role playing);
(10) professional educator/staff support (for example:
training provided to personnel who work with the student to assure
the correct implementation of techniques and strategies described
in the IEP); and
(11) teaching strategies based on peer reviewed, research-based
practices for students with ASD (for example: those associated with
discrete-trial training, visual supports, applied behavior analysis,
structured learning, augmentative communication, or social skills
training).
(f) If the ARD committee determines that services are
not needed in one or more of the areas specified in subsection (e)
of this section, the IEP must include a statement to that effect and
the basis upon which the determination was made.
(g) If the ARD committee determines that a behavior
improvement plan or a behavioral intervention plan is appropriate
for a student, that plan must be included as part of the student's
IEP and provided to each teacher with responsibility for educating
the student. If a behavior improvement plan or a behavioral intervention
plan is included as part of a student's IEP, the ARD committee shall
review the plan at least annually, and more frequently if appropriate,
to address:
(1) changes in a student's circumstances that may impact
the student's behavior, such as:
(A) the placement of the student in a different educational
setting;
(B) an increase or persistence in disciplinary actions
taken regarding the student for similar types of behavioral incidents;
(C) a pattern of unexcused absences; or
(D) an unauthorized, unsupervised departure from an
educational setting; or
(2) the safety of the student or others.
(h) Not later than when a student reaches 14 years
of age, the ARD committee must consider and, if appropriate, address
the following issues in the IEP:
(1) appropriate student involvement in the student's
transition to life outside the public school system;
(2) if the student is younger than 18 years of age,
appropriate involvement in the student's transition by the student's
parents and other persons invited to participate by:
(A) the student's parents; or
(B) the school district in which the student is enrolled;
(3) if the student is at least 18 years of age, involvement
in the student's transition and future by the student's parents and
other persons, if the parent or other person:
(A) is invited to participate by the student or the
school district in which the student is enrolled; or
(B) has the student's consent to participate pursuant
to a supported decision-making agreement under Texas Estates Code,
Chapter 1357;
(4) appropriate postsecondary education options, including
preparation for postsecondary-level coursework;
(5) an appropriate functional vocational evaluation;
(6) appropriate employment goals and objectives;
(7) if the student is at least 18 years of age, the
availability of age-appropriate instructional environments, including
community settings or environments that prepare the student for postsecondary
education or training, competitive integrated employment, or independent
living, in coordination with the student's transition goals and objectives;
(8) appropriate independent living goals and objectives;
Cont'd... |
