| (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, and include
all applicable information under Texas Education Code (TEC), §29.0051.
(b) To be considered a measurable annual goal under
34 CFR, §300.320(a)(2), a goal must include the components of
a timeframe, condition, behavior, and criterion. While at least one
measurable annual goal is required, the number of annual goals will
be determined by the ARD committee after examination of the student's
present levels of academic achievement and functional performance
and areas of need.
(1) Annual goals are also required in the following
circumstances:
(A) when the content of a subject/course is modified,
whether the content is taught in a general or special education setting,
in order to address how the content is modified; and
(B) when a student is removed from the general education
setting for a scheduled period of time but the content of the subject/course
is not modified (e.g., a student who is progressing on enrolled grade
level curriculum but requires a more restrictive environment for a
period of time due to behavioral concerns).
(2) Short-term objectives/benchmarks, used as intermediary
steps or milestones toward accomplishing an annual goal, may be included
in a measurable annual goal. Short-term objectives/benchmarks:
(A) must be included in an annual goal if the ARD committee
has determined that a student will not participate in the general
state assessment; and
(B) regardless of whether the objectives/benchmarks
are related to a student not participating the general state assessment,
cannot be used as the criterion to indicate mastery of the annual
goal.
(c) The IEP must include a statement of any individual
appropriate and allowable accommodations in the administration of
assessment instruments developed in accordance with 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.
(d) 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 following requirements
must be met.
(1) The IEP must include a statement explaining:
(A) why the student cannot participate in the general
assessment; and
(B) why the particular alternate assessment selected
is appropriate for the student, and
(2) The Texas Education Agency's alternate assessment
participation requirements form, if one is made available to school
districts, must be included in the student's IEP to document the statement
required under this subsection.
(e) 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.
(f) For students with visual impairments, from birth
through 21 years of age, the IEP or individualized family services
plan must also meet the requirements of TEC, §30.002(e).
(g) For students with autism eligible under §89.1040(c)(1)
of this title (relating to Eligibility Criteria), the strategies described
in this subsection must be considered, at least annually 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 data collected related to 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,
communication, and self-help 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 and is implemented and reviewed
in accordance with subsection (j) of this section;
(5) beginning at any age, consistent with subsection
(l) of this section, futures planning for integrated learning and
training, living, work, community, and educational environments that
considers skills necessary to function in current and post-secondary
environments, including self-determination and self-advocacy skills;
(6) parent/family training and support, provided by
qualified personnel with experience in autism, 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 (e.g.,
peer-based instruction and intervention, video modeling, social narratives,
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 autism (for example: those associated
with discrete-trial training, visual supports, applied behavior analysis,
structured learning, augmentative communication, or social skills
training).
(h) If the ARD committee determines that services are
not needed in one or more of the areas specified in subsection (g)
of this section, the IEP must include a statement to that effect and
the basis upon which the determination was made.
(i) For students identified with the specific learning
disability of dyslexia or a related disorder eligible under §89.1040(c)(9)
of this title, the IEP must also be developed and implemented in accordance
with the requirements under §74.28 of this title (relating to
Students with Dyslexia and Related Disorders), including any handbook
adopted in the rule.
(j) 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:
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