| (a) For the purpose of this rule, Intellectual and
Developmental Disability (IDD) will be defined as a neurodevelopmental
disorder that must meet the following criteria:
(1) Deficits in intellectual functions, such as reasoning,
problem solving, planning, abstract thinking, judgement, academic
learning, and learning from experience.
(2) Deficits in adaptive functioning that result in
failure to meet developmental and sociocultural standards for personal
independence and social responsibility. Without ongoing support, the
adaptive deficits limit functioning in one or more activities of daily
life, such a communication, social participation, and independent
living, across multiple environments, such as home, school, work and
community.
(3) Paragraphs (1) and (2) of this subsection may occur
after the developmental period (such as in the case of a traumatic
brain injury).
(4) Students with IDD may include those diagnosed with
an Autism Spectrum Disorder.
(b) For the purpose of this rule, "postsecondary transitional
program or postsecondary program for students with IDD" will be defined
as a degree, certificate or non-degree program for students with IDD
that is offered by an institution of higher education. These programs
are designed to support students with IDD who want to continue academic,
career, and independent living instruction following completion of
secondary education.
(c) The Coordinating Board may collect, as part of
its ongoing regular data collection process, information about students
with IDD for the purpose of analyzing factors affecting the college
participation and outcomes of persons with IDD at public institutions
of higher education. Institutions may only report students who have
been identified through self-identification and/or documented receipt
of special services. Students who do not self-identify will not be
reflected in the data. Institutions may, but are not required to,
collect consent forms regarding reporting of the data outlined in
subsection (d) of this section from students who have self-identified
with an IDD. In the case where a student has an appointed legal guardian,
the guardian will act on behalf of the student for the purposes of
this rule.
(d) All public institutions of higher education shall
provide to the Coordinating Board data, as specified in subsection
(e) of this section, regarding the enrollment of individuals with
IDD in their undergraduate, graduate and technical continuing education
programs. Data about these students' participation in postsecondary
transitional programs or postsecondary programs for students with
IDD will also be collected, but student-level data will not be collected
for students enrolled in these programs unless they are also enrolled
in credit-bearing college-level coursework or technical continuing
education. Institutions of higher education and the Coordinating Board
shall follow all federal privacy requirements under the Family Educational
Rights and Privacy Act (FERPA) and the Health Insurance Portability
and Accountability Act (HIPAA) when collecting and reporting data
for the purposes of this rule.
(e) Two additional items will be added to the CBM Student
Reports (CBM001, CBM00A, and CBM0E1) for the purposes of this ongoing
study. The definitions in subsection (a) and (b) of this section will
apply to the data collection for these items.
(1) An item with three options in which the student
is reported as:
(A) not identified as having an IDD;
(B) identified as having an IDD;
(C) identified as having an autism spectrum developmental
disorder but not an intellectual disability.
(2) An item with three options indicating if:
(A) the student never participated in a postsecondary
transitional program or postsecondary program for students with IDD;
(B) the student participated in a postsecondary transitional
program or postsecondary program for students with IDD;
(C) it is unknown if the student ever participated
in a postsecondary transitional program or postsecondary program for
students with IDD.
(f) Access to the identifiers above in the CBM Student
Report which indicate if an enrolled student has an IDD as defined
will not be made available to the Education Research Centers, established
under Texas Education Code §1.005, as part of regular data requests
unless this information is specified and approved by the advisory
board established under Texas Education Code §1.006 as relating
to the research study proposed.
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