| (a) The following terms, when used in this section,
shall have the following meanings, unless the context clearly indicates
otherwise.
(1) Instructional arrangement/setting. Instructional
arrangement/setting refers to the arrangement listed in Texas Education
Code (TEC), §48.102, and the weight assigned to it that is used
to generate funds from the state special education allotment.
(2) Instructional day. Instructional day has the meaning
assigned to it in §129.1025 of this title (relating to Adoption
by Reference: Student Attendance Accounting Handbook).
(b) Each school district must provide special education
and related services to eligible students with disabilities in order
to meet the unique needs of those students in accordance with 34 Code
of Federal Regulations, §§300.114-300.118, and state law.
(c) Subject to §89.1075(f) of this title (relating
to General Program Requirements and Local District Procedures), for
the purpose of determining the student's instructional arrangement/setting,
a student receiving special education and related services must have
available an instructional day commensurate with that of students
who are not receiving special education and related services and only
modify the instructional day when determined necessary by the admission,
review, and dismissal (ARD) committee. A student's ARD committee shall
determine the student's instructional arrangement/setting based on
the percentage of the student's instructional day that the student
receives special education and related services in a setting other
than general education.
(d) While this section uses the names of the instructional
arrangements/settings as they are described in TEC, §48.102,
there may be additional instructional arrangement/setting codes that
are created by the Texas Education Agency (TEA) within the student
attendance accounting requirements defined in §129.1025 of this
title. While the codes may be titled differently, each will align
to an arrangement/setting as described in this section and in TEC, §48.102.
(e) Instructional arrangements/settings shall be based
on the individual needs and individualized education programs (IEPs)
of eligible students receiving special education and related 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 general education 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
general education classroom teacher(s) necessary to enrich the general
education 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 general education
classroom teacher(s) regarding the student's progress in general education
classes, staff development, and reduction of ratio of students to
instructional staff. Monitoring student progress in and of itself
is not a special education service; this cannot be listed as the only
specially designed instruction documented in a student's IEP.
(2) Homebound. This instructional arrangement/setting,
also referred to as home-based instruction, is for providing special
education and related services to students who are served at their
home for the following reasons.
(A) Medical reasons. Homebound instruction is used
for a student whose ARD committee has received medical documentation
from a physician licensed to practice in the United States that the
student is expected to incur full-day absences from school for a minimum
of four weeks for medical reasons, which could include psychological
disorders, and the ARD committee has determined that this is the most
appropriate placement for the student. The weeks do not have to be
consecutive. For the ARD committee to approve this placement, the
committee will review documentation related to anticipated periods
of student confinement to the home, as well as whether the student
is determined to be chronically ill or any other unique medical circumstances
that would require this placement in order to provide a free appropriate
public education (FAPE) to the student. Documentation by a physician
does not guarantee the placement of a student in this instructional
arrangement/setting, as the student's ARD committee shall determine
whether the placement is necessary for the provision of FAPE, and,
if so, will determine the amount of services to be provided to the
student at home in this instructional arrangement/setting in accordance
with federal and state laws, rules, and regulations, including the
provisions specified in subsection (c) of this section.
(B) Children ages three through five years of age.
Home-based instruction may be used for children ages three through
five when determined appropriate by the child's ARD committee and
as documented in the student's IEP. While this setting would generate
the same weight as the homebound instructional arrangement/setting,
the data on this setting may be collected differently than the medical
homebound arrangement/setting.
(C) Students confined to or educated in hospitals.
This instructional arrangement/setting also applies to school districts
described in TEC, §29.014.
(3) Hospital class. This instructional arrangement/setting
is for providing special education and related services by school
district personnel:
(A) at a hospital or other medical facility; or
(B) at a residential care and treatment facility not
operated by the school district. If a student residing in the facility
is provided special education and related services at a school district
campus but the student's parent is not a school district resident,
the student is considered to be in the residential care and treatment
facility instructional arrangement/setting. If a student residing
in the facility is provided special education and related services
at a school district campus and the parent, including a surrogate
parent, is a school district resident, the student's instructional
arrangement/setting would be assigned based on the services that are
provided at the campus on the same basis as a resident student residing
with his or her parents.
(4) Speech therapy. This instructional arrangement/setting
is for providing speech therapy services whether in a general education
classroom or in a setting other than a general education classroom.
(A) When the only special education service provided
to a student is speech therapy, then this instructional arrangement
may not be combined with any other instructional arrangement. If a
student's IEP indicates that a special education teacher is involved
in the implementation of the student's IEP but there is no indication
of how that teacher provides a special education service, the student
is in the speech therapy instructional arrangement/setting.
(B) When a student receives speech therapy and a related
service but no other special education service, the student is in
the speech therapy instructional arrangement/setting.
(5) Resource room/services. This instructional arrangement/setting
is for providing special education and related services to a student
in a setting other than general education for less than 50% of the
regular school day. For funding purposes, this will be differentiated
between the provision of special education and related services to
a student in a setting other than general education for less than
21% of the instructional day and special education and related services
provided to a student in a setting other than general education for
at least 21% of the instructional day but less than 50% of the instructional
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 setting other
than general education for 50% or more of the regular school day on
a regular school campus. For funding purposes, mild/moderate will
be considered at least 50% but no more than 60% of the student's instructional
day, and severe will be considered more than 60% of the student's
instructional day.
(7) Off-home campus. This instructional arrangement/setting
is for providing special education and related services to the following:
(A) a student at South Texas Independent School District
or Windham School District;
Cont'd... |
