(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)[(a)] Each [local]
school district must [shall be able to] provide
special education and related services [with special education
personnel] to eligible students with disabilities
in order to meet the unique [special] needs
of those students in accordance with 34 Code of Federal Regulations, §§300.114-300.118
, and state law.
(c)[(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, 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. A student's admission, review, and
dismissal (ARD) committee shall determine the length of the student's
instructional day and will 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 [the regular school day is
defined as the period of time determined appropriate by the admission,
review, and dismissal (ARD) committee].
(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)[(c)] 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 [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 general education [regular
] classroom teacher(s) necessary to enrich the general
education [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 general education [regular]
classroom teacher(s) regarding the student's progress in general [
regular] 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 [or
hospital bedside] .
(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, 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.
[(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)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.
[(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.]
(C)Students confined to or educated
in hospitals. This instructional arrangement/setting
also applies to school districts described in TEC [Texas
Education Code], §29.014.
(3)Hospital class. This instructional arrangement/setting
is for providing special education and related services by school
district personnel: [instruction in a classroom,]
(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 [the students] residing in the facility is [
are] 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 [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 general [
regular] education classroom or in a setting other than a general
[regular] education classroom.
(A)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. 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 [regular] 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 [self-contained program]
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
: [, including, but not limited to, students]
(A)a student at South Texas
Independent School District or [and] Windham
School District ; [:]
(B)[(A)] a student who is one
of a group of students from one or more [than one]
school districts [district] served in a single
location in another school district when a FAPE [
free appropriate public education] is not available in the [respective
] sending district;
(C)[(B)] a student in a community
setting, facility, or environment operated by a school
district [(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
]
(D)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, with regularly scheduled instruction or direct
involvement provided by school district personnel ; [or]
(E)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
(F)[(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 when
the school district is unable to provide a FAPE for the student. This
instructional arrangement/setting includes the providers listed in §89.1094
of this title (relating to Contracting for Nonpublic or Non-District
Operated Day Placements for the Provision of FAPE) [for
special education].
(9)Vocational adjustment class [class/program
] . Although referred to as a class, this [This]
instructional arrangement/setting is a support program 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
transition plan, as documented in the student's IEP, and may include
special education services received in career and technical education
work-based learning programs [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). For purposes of this section, residential
care and treatment facility refers to a facility at which a student
with a disability currently resides, who was not placed at the facility
by the student's ARD committee, and whose parent or guardian does
not reside in the district providing educational services to the student.
This instructional arrangement/setting is for providing special
education [instruction] and related services to a
student on a school district campus who resides in a residential [
students who reside in] care and treatment facility [
facilities] and whose parents do not reside within the boundaries
of the school district that is providing educational services
to the student [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 , or if the student
resides at a state-supported living center, the instructional arrangement
will be considered the state school arrangement/setting. 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 school [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.
(f)[(d)] Children from
birth through the age of two with visual impairments (VI), who are
deaf or hard of hearing (DHH), or who are deaf blind (DB) must be
enrolled at the parent's request by a school district when the district
becomes aware of a child needing services. The appropriate instructional
arrangement for students from birth through the age of two with VI,
DHH, or DB [visual impairments or who are deaf or hard
of hearing] shall be determined in accordance with the individualized
family services plan [IFSP], current attendance guidelines,
and the agreement memorandum between TEA [the Texas
Education Agency (TEA)] and Texas Health and Human Services
Commission Early Childhood Intervention (ECI) Services. However,
the following guidelines shall apply.
(1)A home-based instructional arrangement/setting
is used when the child receives services at home. This arrangement/setting
would generate the same weight as the homebound instructional arrangement/setting,
and average daily attendance (ADA) funding will depend on the number
of hours served per week.
Cont'd...
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