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1999-2000
STUDENT ATTENDANCE
ACCOUNTING HANDBOOK

After the initial free distribution to authorized institutions, additional copies may be purchased from the Publications Distribution Office, Texas Education Agency, P.O. Box 13817, Austin, Texas 78711-3817. To purchase additional copies, please use the order form found in the back of this publication. Please remit $4.50 each if you are a nonprofit institution and $5.00 for all others. Purchase Orders are accepted only from Texas educational institutions and government agencies. With the increasing demand for educational material, the supply may be exhausted at times.

This Texas Education Agency publication is not copyrighted. Any or all sections may be duplicated.

Texas Education Agency
1701 N. Congress Avenue
Austin, Texas 78701-1494

http://tea.texas.gov/peims/psp/handbook00/ 

2) Enrollment Procedure

(2-1) Local district policy should include measures to verify, upon enrollment, that the student or either parent is a resident of the district. Examples include requiring utility bill receipts, checking tax records, and verifying with responsible district personnel that the student's residence is within the boundaries of the district. TEC §25.001(b)

(2-2) Upon a student's enrollment in the district, a bona fide effort should be made to secure all records and/or required documentation pertaining to the student from the previous district and/or the parent, if applicable.

(2-3) Districts failing to provide the required information [listed in (3-7)] within 30 calendar days of a request by the receiving school district should be reported to the Division of Governance/EEO and Complaints Management of TEA at
(512) 463-9290. TEC §25.002(a)

(2-4) If a child is enrolled under a name other than what appears in the identifying documents, the district must notify the Missing Children and Missing Persons Information Clearinghouse at (800) 346-3243. If the student's records have not been received within 30 days of a request, making this comparison impossible, the district must notify the county police department for a determination of whether or not the child has been reported as missing. TEC §25.002(b)

(2-5) The documents considered acceptable for proof of identification and age are outlined in (9) Documentation later in this section.

(2-6) Failure to receive the information required for student enrollment must not preclude the district from enrolling and serving the student. However, only the students who meet the age and residency requirements may be reported as eligible for Foundation School Program (FSP) purposes (ADA eligibility codes 1, 2, 3, or 6). 19 TAC §129.1(b) See (2-12) regarding immunization records.

(2-7) Upon determining that a student is homeless, as defined by the McKinney Homeless Assistance Act, the child must be allowed to either remain in the district in which he or she was enrolled prior to becoming homeless or enroll in the district where he or she is now located. A homeless student is entitled to enroll in any district. Proof of residence is not required. Information on school district responsibilities associated with homeless students may be obtained from the Education Service Center Support Division of TEA at (512) 463-9371.

(2-8) The student's entry date is the first day the student is physically present during the official attendance accounting period on a particular campus. A student's re-entry date is the first day the student is physically present during the official attendance accounting period after having been withdrawn from the same campus. A student cannot be absent on either the entry or the re-entry date.

(2-9) The student is in membership on both the entry date and the re-entry date [minimum time requirements for a student to be in membership are listed in
(5-2)]

(2-10) A student should be enrolled in only one district at a time; thus, eliminating duplicate PEIMS reporting for a student.

(2-11) For infants and toddlers, birth through 2 years of age, who have auditory and/or visual impairments and an IFSP indicating a need for services by the district, the child must be enrolled in the local district or Regional Day School Program for the Deaf (RDSPD). If district services are to be provided through the RDSPD, the home district must be informed by the RDSPD. See (4-11) and (4-12) in Section IV.

(2-12) Upon a student’s enrollment in the district, the student has 30 days from the date of enrollment to provide immunization records to the district for that scholastic year. The district must admit the student and allow 30 days for the student to provide immunization records or proof that the child has begun immunizations and is receiving them as rapidly as medically feasible as provided in TEC §38.001. If the district does not receive complete immunization records or proof that immunizations have begun within 30 days of enrollment, then the district may withdraw the student.

(3) Withdrawal Procedure

(3-1) A student should be withdrawn from the attendance accounting system on the date the district becomes aware the student is no longer a member of the district. With proof of enrollment in a different district/campus, retroactive withdrawals will be permitted to the day the student enrolled in the other school. All attendance accounting records affected by this change must be updated.

(3-2) A student who is temporarily absent (i.e., illness, suspension, etc.) but still a member of the district may not be withdrawn.

(3-3) The withdrawal date for a student who never officially withdrew from school, but whose whereabouts can no longer be determined, should be decided according to applicable local policies. Once withdrawn, a student in grades 7-12 must be reported as a school leaver on a 203 Record and will possibly be considered a dropout according to Section 2 of the PEIMS Data Standards.

(3-4) If the student withdraws before attendance is taken, the withdrawal date is that day. If the student withdraws after attendance is taken, the withdrawal date is the next school day.

(3-5) The student is not in membership on the withdrawal date.

(3-6) If a code is used to denote the student's withdrawal date, it should be "W".

(3-7) The minimum set of information that must be transferred with each student moving from one Texas district to another is listed below.

1. Social Security Number or State-Approved Alternate ID last reported through PEIMS;

2. Current Social Security Number or State-Approved Alternate ID, if different from above;

3. Local Student ID Number, if used;

4. County-District-Campus Number;

5. Campus Name and Phone Number;

6. First, Middle, and Last Name and Generation Code;

7. Sex, Ethnicity, and Date of Birth; and

8. Current Grade Level.

By law, each district is required to transfer student records within 30 days of a request by the receiving district. 19 TAC §129.1, TEC §25.002

(3-8) Enrollment by a student in a school district constitutes authority for the sending district to release the education records of that student, regardless of whether parental authority has been received. Family Education Rights and Privacy Act (FERPA) 34 CFR Part 99, 99.31(a)(2) and 99.34

(4) General Rules

(4-1) Each teacher or other school employee who records student attendance shall certify, in writing, that all such records are true and correct to the best of his or her knowledge and that the records have been prepared in accordance with laws and regulations pertaining to student attendance accounting. Electronic signatures are acceptable. Signature stamps and pencil are not acceptable.

(4-2) Make all entries with ink, and under no circumstances use an eraser or ink eradicator in any attendance records. If errors are made: strike through the error, enter corrections nearby, and initial.

(4-3) When classroom instruction is organized on a departmentalized basis, a centralized attendance accounting system must be used. 19 TAC §129.21(g)

(4-4) If instructional services for special education are provided after school or on Saturday, the contact hours may be counted only if the services cannot be provided or are unavailable at any other time (e.g., speech therapy due to a shortage of speech therapists, orientation and mobility services/vision instruction at night or in periods of darkness, etc.).

(4-5) If selected students are required to attend school on Saturday to make up for absences, the attendance may not be counted for funding purposes [see (7-5) for make-up days when all students are required to attend].

(4-6) If standardized achievement tests or final exams are administered during the period designated for attendance, absences should be recorded just before, during, or immediately after the exam.

(4-7) Attendance for students who are not in membership (receiving the minimum two hours of instruction per day) is not required to be recorded. However, the demographic and special program information must be maintained in the attendance accounting system in accordance with the applicable coding instructions in Sections III through IX of this Handbook.

the original entries and will be retained locally for audit purposes. These original attendance documents will support/match your OEYP attendance data that you will report on 407 records.

(5) General Eligibility Requirements

(5-1) Any student served by the school district is considered enrolled in the district.

(5-2) A student must be enrolled for at least two hours of daily instruction to be considered in membership for one-half day and for at least four hours of daily instruction to be considered in membership for one full day (two-four hour rule). 19 TAC §129.21(h)

(5-3) Students must be in membership before they are eligible for attendance for FSP purposes. 19 TAC §129.21(i)

(5-4) All students who are at least 5 years old on September 1 of the current school year, but are less than 21 years old by the same date, are eligible for free attendance for either full-day or half-day attendance for the entire school year in the district in which they or their parent(s) reside or are otherwise entitled to attend for FSP benefits, provided they have not previously graduated from high school. TEC §25.001, §42.003

Students with disabilities become eligible for either half-day or full-day attendance on their third birthday if other special education eligibility requirements are met (Section IV). Children with serious visual and/or hearing impairments are eligible from date of birth through age two if other special education eligibility requirements are met (Section IV). These students must be served by certified special education personnel for their full school day, and the two-four hour rule applies.

A student receiving special education services who is younger than 22 years of age on September 1 of a scholastic year shall be eligible for services through the end of that scholastic year or until graduation, whichever comes first. In addition, students with disabilities who graduated as determined by an IEP and who are still in need of special education services may be served through age 21 inclusive, according to the requirements noted above. These students may return to school as eligible students (ADA eligibility code 1 or 2) until the maximum age is reached. 19 TAC §89.1035(a)

Please note that current TAC rules related to access to free appropriate public education (FAPE) after graduation may change as a result of revised requirements in the Individuals with Disabilities Education Act (IDEA) Amendments of 1997 and corresponding federal regulations.

(5-5) Students who are eligible for state-funded prekindergarten classes must meet the age requirement by September 1 of the current school year. These students are eligible only for half-day attendance. Eligible students who attend prekindergarten for half of the day and the Preschool Program for Children with Disabilities (PPCD) for the other half of the day are eligible for full-day attendance (ADA eligibility code 1), provided all eligibility requirements for both

programs are met. The student's grade level should be recorded as prekindergarten (see Sections IV and VII). TEC §29.153(c)

(5-6) Students in membership on a half-day basis may earn only one-half day of attendance each school day. Attendance is determined for these students by recording absences for the attendance snapshot in a period during the half day that they are scheduled to be present. 19 TAC §129.21(i)(1)

If a student who is in membership on a full-day basis is not scheduled to attend school during the second or fifth instructional hour, attendance for this student is determined by recording absences for the attendance snapshot in a period during the full day that he or she is scheduled to be present.

(5-7) If the school year starts before the student's birthday, the student is eligible to attend school for the entire year as long as he or she will be the required age on or before September 1. TEC §25.001(a)

(5-8) A student who is five years of age on or before September 1 of the current school year is automatically eligible for the first grade for the full school term (ADA eligibility code 1) if the student has completed public school kindergarten or has been enrolled in the first grade in a public school in another state prior to transferring to a Texas public school. TEC §42.003(c) The term "enrolled" means actually receiving instruction by attendance in a public school rather than being registered prior to receiving instruction.

However, any five-year-old child may be assigned to first grade for the full school term (ADA eligibility code 1). Such assignments are the decision of the local district and require consent from the student's parent or guardian.

(5-9) A student younger than five years of age is entitled to the benefits of the FSP if the student performs satisfactorily on the assessment instrument administered to students in the third grade and the district has adopted a policy for admitting students younger than five years of age. TEC §42.003(d)

(6) ADA Eligibility Coding

0 Enrolled, Not in Membership
Code 0 applies to children who do not meet the requirements for membership (two-four hour rule) but are served in the district for less than two hours per day. Examples include:

  • children who attend class for less than two hours per day;
  • children who attend a nonpublic school but receive some services from the district (e.g., speech therapy services only);
  • students who are served totally in a federal Head Start program;
  • students who have graduated but returned to school (for less than two hours per day) to further their education; and
  • students who receive all of their service through a special education non-public contract.

Code 0 also applies to students placed in the Texas School for the Blind and the Visually Impaired or the Texas School for the Deaf by the local district through ARD referral.

1 Eligible for Full-Day Attendance
Code 1 applies to all eligible resident students, including aliens and bona fide exchange program students, who are in membership for at least four hours each day.

Districts that offer half-day kindergarten programs may not count students who attend both the morning and afternoon half-day sessions for eligible full-day attendance.

Code 1 also applies to students in membership for at least 4 hours each day who attend a Regional Day School Program for the Deaf for less than 50% of their instructional day. The special education instructional setting code for these students would be 03, Resource Room, if the student is pulled out of the regular education class to receive special education services or 40, Mainstream, if the student receives special education services in the regular education class.

2 Eligible for Half-Day Attendance
Code 2 applies to all eligible resident students, including aliens and bona fide exchange program students, who are in membership for at least two hours but less than four hours each day.

Districts that offer half-day kindergarten programs may not count students who attend both the morning and afternoon half-day sessions for eligible full-day attendance.

Code 2 also applies to prekindergarten students who meet the requirements for eligibility as defined in Section VII.

3 Eligible Transfer Student Full-Day
This code is used when a student is a non-resident, is legally transferred into the district, and is in membership for at least four hours each day. This status applies only to students wishing to transfer from one Texas district to another, and these students must meet all the criteria of an eligible student other than residency.

The parent or guardian of the student must complete an Application for Transfer, which should be retained at both the sending and receiving districts for audit purposes. The receiving district must submit the form Transfers Approved Prior to May 1 to TEA by May 15 of the current school year. Additional information and copies of these forms may be obtained by calling the Division of Equal Educational Opportunity of TEA at (512) 463-9671.

If a non-resident student is not legally transferred into the district, the receiving district cannot claim the attendance [see exception in Section IV, (5-7)].

Section IIV
Special Education

(1) Responsibility

(1-1) List in the space provided below the name and phone number of the district personnel to whom all special education coding questions should be directed:

Name:

Phone Number:

(1-2) Special education staff and/or teachers should provide attendance personnel with names and coding information of students who are eligible, whose documentation is in order, and who are being served in accordance with the Individual Education Plan (IEP). In no case should attendance personnel be responsible for determining a student's instructional setting code or speech therapy indicator code. Special education staff are also responsible for ensuring that attendance personnel are aware of any changes in a student's services and the effective dates of such changes. The attendance personnel are then responsible for entering the changes in the detailed student attendance accounting system (manual or automated). At the end of each six-week reporting period, special education staff should verify the Student Detail Report for any coding errors.

(1-3) Principals must ensure that reports from TEA, which reflect actual PEIMS data, are compared to locally-produced reports for reasonableness and accuracy.

(2) Enrollment Procedure

(2-1) Student in district; not previously in special education:

1. The Admission, Review and Dismissal (ARD) committee meets and develops the IEP.

2. Appropriate special education staff reviews IEP written by the ARD committee and determines correct instructional setting code and/or speech therapy indicator code [see (4) General Rules later in this section].

3. These codes should be recorded in the attendance accounting system.

4. Effective date of service is recorded in the IEP and the attendance accounting system. The effective date is the date service begins, not the ARD committee meeting date.

(3) Withdrawal Procedure

(3-1) Student withdraws from school, or the ARD committee meets and dismisses the student from special education.

(3-2) Effective date of dismissal is recorded in the attendance accounting system. The effective date, which is stated in the IEP, is the date the ARD committee dismisses the student from the special education program.

(4) General Rules

(4-1) Instructional Setting Codes: The guiding principle for determining the appropriate instructional setting must be the needs of each individual student together with the appropriate support services. If the support services prescribed for the student are over and above what is provided to all students and the ARD committee has determined that these special support services are necessary for the student to succeed in his or her educational program, these services are special education services and the instructional setting should be classified accordingly. If these support services are provided in the regular education classroom, the instructional setting would be mainstream. However, if these special education support services are provided outside the regular classroom, the instructional setting would be based on the amount of time or the place where these services are provided.

References to the related service of transportation as the only service for a student with a disability (or a special education student) have been removed from the Handbook based on the requirement in federal regulations that related services be required to assist a student with a disability to benefit from special education. 34 CFR 300.22(a) In addition, a note found in current federal regulations at 34 CFR 300.17 and in proposed regulations at 34 CFR 300.24 indicates that a child does not have a disability under IDEA unless he or she needs special education. Therefore, if a child does not need special education, there can be no related services, and the child is not a child with a disability and is therefore not covered under IDEA.

Student Detail Reports must contain an Instructional Setting Code for all students receiving special education services. A student may be funded for only one instructional setting for special education at any given time, except for speech therapy. Speech therapy may be combined with any other instructional setting. The following definitions should be used in determining the appropriate Instructional Setting Code (Code Table C035, PEIMS Data Standards).

1. No Instructional Setting - Code 00 This code indicates that although the student receives some special education service (such as speech therapy), an instructional setting is not appropriate. Students receiving speech therapy services must have the speech therapy indicator code recorded on the Student Detail Report. See (4-3) for the definitions of Speech Therapy Indicator Code.

2. Homebound - Code 01 This instructional setting is for providing special education instruction to eligible students with disabilities who are served at home or hospital bedside. 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 instruction may also be used for infants and toddlers with visual and/or auditory impairments whose developmental levels are such that they are not capable of participating in special education classes or by students ages three through five for whom the ARD committee has determined that homebound is the appropriate instructional placement. 19 TAC §89.63(c)(2) See (4-11), (4-12), and (4-13) later in this section for more information.

Students served in the homebound instructional setting must be served two to four hours each week in order to generate eligible days present. A student who is served for at least two hours but less than four hours a week will earn two and one-half days present (in a five-day week). A student who is served four or more hours a week will earn five days present (in a five-day week). Any certified teachers providing these services must keep a log of the amount of time spent serving the student at home or the hospital bedside.

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. 19 TAC §89.63(c)(2)

Chronically ill students who are not homebound for four consecutive weeks will earn eligible days present (for those days the student is absent and served at home) based on the number of hours the student is served at home by a certified teacher each week. Use the following chart to determine whether or not a chronically ill student should be counted present each time the student is absent one or more days.

 

Amount of Time
Served per Week:

Eligible Days Present
Earned per Week:

one hour

one day present

two hours

two days present

three hours

three days present

four hours

four days present (4-day week)
five days present (5-day week)

Chronically ill students should only be coded with the 01 instructional setting code on the days the student is absent from school but counted present because the student received homebound services.

If a student who has previously been served in the homebound instructional setting is transitioning back to a school-based placement, the student may continue to be coded homebound during the transition period subject to the two-four hour per week requirement for homebound services. The length of the transition period must be determined by the ARD committee based on current medical information.

An ARD committee should not place a student who has routinely delivered a baby in the homebound instructional setting. This student should be served through Compensatory Education Home Instruction during the six week postpartum period. See (4-4) in Section IX.

In order for a homebound or hospital bedside student to earn career and technology contact hours, the student must continue to receive the same amount and type of career and technology service that he or she was receiving before being placed in the homebound instructional setting. Career and technology education teachers must maintain a log to verify all contact hours with homebound/hospital bedside students.

3. Hospital Class - Code 02 This instructional setting is for providing special education instruction to students in a classroom in a hospital facility or an approved residential care and treatment facility not operated by the school district. Disabled students served, but not residing, in the facility are considered to be in an off home campus instructional setting. If the students residing in the facility are provided special education services on the school campus, they are not considered to be in a hospital class.
19 TAC §89.63(c)(3) See (4-1) 10. later in this section.

In order for a hospital class student to earn career and technology contact hours, the student must continue to receive the same amount and type of career and technology service that he or she was receiving before being placed in the hospital class instructional setting. Career and technology education teachers must maintain a log to verify all contact hours with hospital class students.

4. Resource Room - Code 03 This instructional setting is for providing special education instruction and related services in a setting other than regular education for less than 50 percent of the student's school day. 19 TAC §89.63(c)(5)

A student receiving related services in the special education class should have an instructional setting code of resource room provided the student is pulled out of the regular education class to receive the related services. Related services include but are not limited to physical therapy, occupational therapy, and counseling by a certified or licensed counselor on a regularly scheduled basis. These related services must be documented in the IEP and they must be required to assist a child with a disability to benefit from special education.

A student receiving special education service in the regular education class should not be coded as resource room. If the student is pulled out of the regular education class to receive special education services, he or she should be coded as resource room. If the student is pulled out of regular education classes to receive special education services and speech therapy, he or she should be coded as resource room and speech therapy.

5. Self-Contained, Mild/Moderate, Regular Campus - Code 04 This instructional setting is for providing special education instruction and related services to students with disabilities who are in a special education program for 50 percent or more of the student's school day on a regular school campus and who take more than two regular education classes. 19 TAC §89.63(c)(6)

6. Self-Contained, Severe, Regular Campus - Code 05 This instructional setting is for providing special education instruction and related services to students with disabilities who are in a special education program for most of the student's school day on a regular school campus. Students in this instructional setting may attend no more than two regular education classes (such as, but not limited to, music, physical education, art, or career and technology education classes). 19 TAC §89.63(c)(7)

7. Vocational Adjustment Class - Code 08 This instructional setting is for providing special education, academic, or job-related instruction to students who are placed on a job with regularly scheduled supervision by special education teachers. 19 TAC §89.63(c)(10)

This instructional setting applies to students in full-time or part-time employment, as documented in the IEP. This instructional setting should not be confused with regular career and technology education classes that are offered by the district.

Students with disabilities may participate in other occupational preparation programs (which do not generate special education funds) including regular career and technology education and career and technology education for the disabled (CTED) classes. However, the student must be receiving special education services as required in the IEP and coded VAC (08) to claim special education contact hours.

8. Off Home Campus - Code 20 This instructional setting is for providing special education instruction and related services to students from more than one school district served in a single location when special education instruction and related services are not otherwise available in the respective sending district, to students whose instruction is provided in a facility not operated by a school district [see (5-12) for information on appropriate coding of PPCD students served in licensed childcare facilities], or to students in a self-contained program at a separate campus operated by the school district that provides only special education instruction. This instructional setting also applies to students at South Texas ISD and Windham ISD. 19 TAC §89.63(c)(8)

This setting includes sheltered workshops.

9. State School for Persons with Mental Retardation - Code 30 This instructional setting is for providing special education instruction to students who currently reside at a state school when the services are provided at a state school location. If services are provided on a regular district campus, the students may be coded 35, residential care and treatment facility. 19 TAC §89.63(c)(12) and (f)(2)

Students coded in this setting may also generate special education contact hours in speech therapy.

The thirteen state schools in Texas are listed below:

  • Laredo State Center
  • Corpus Christi State School
  • Richmond State School
  • Beaumont State Center
  • Brenham State School
  • Lufkin State School
  • Denton State School
  • Mexia State School
  • Austin State School
  • Abilene State School
  • Amarillo State Center
  • San Antonio State School
  • Lubbock State School

In order for a state school student to earn career and technology contact hours, the student must continue to receive the same amount and type of career and technology service that he or she was receiving before being placed in the state school instructional setting. Career and technology education teachers must maintain a log to verify all contact hours with state school students.

10. Residential Care and Treatment Facility - Code 35 (Not school district resident) This instructional setting is for providing special education instruction to eligible students with disabilities who reside in approved care and treatment facilities (including licensed foster homes) and whose parents do not reside within the boundaries of the school district providing educational services to the students. In order to be considered in this setting, 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 setting is considered to be hospital class (Code 02). 19 TAC §89.63(c)(11)

Placement/Residence of a student at the facility for care/treatment does not automatically qualify the student for special education. Students must meet special education eligibility requirements in order to assign this code.

Students residing in an approved facility who receive only speech therapy services should not be coded with instructional setting code 35.

11. Special Education Mainstream - Code 40 This instructional setting is for providing special education instruction and related services according to IEPs to eligible students with disabilities whose instruction and related services are provided in the regular education classroom with special education support. This support is necessary to enrich regular education in order to enable success of all students. This support shall include direct instruction, helping teacher, team teaching, co-teaching, interpreter, special education aides, curricular or instructional modifications, special materials or equipment, consultation, staff development, reduction of ratio of students to instructional staff, and monitoring a student's progress in regular education classes. This setting also includes other direct or indirect services needed to implement the IEP of students receiving special education services. 19 TAC §89.63(c)(1)

Students with disabilities who receive special education service in the regular education class should be coded as mainstream.

Mainstream students can receive speech therapy. If a student receives special education services in the regular education class and the student also receives speech therapy, he or she should be coded as mainstream and speech therapy. If a student’s only special education service is speech therapy and the student receives speech therapy services in the regular education classroom, he or she should be coded as speech therapy.

A student receiving related services (not speech therapy) in the regular education class should have an instructional setting code of mainstream. Related services include but are not limited to physical therapy, occupational therapy, and counseling by a certified or licensed counselor on a regularly scheduled basis. These related services must be documented in the IEP and they must be required to assist a child with a disability to benefit from special education.

Special education students who also meet eligibility requirements for prekindergarten (PK) and are receiving special education services in the PK classroom may be coded mainstream. Special education students who are receiving their special education services in a licensed childcare facility working in a collaborative partnership with a school district may also be coded mainstream. Special education students who do not meet eligibility requirements for PK and are receiving special education services in the PK classroom may not be coded mainstream. See (5-12) later in this section when determining special education coding for students 3 through 5 years of age.

(4-2) Additional Guidelines for Instructional Setting Codes: The following additional guidelines may be helpful in determining the appropriate instructional setting for a student receiving special education services.

1. Instructional settings resource room; mild and moderate, regular campus; and severe, regular campus are to be based on the percentage of time or number of periods that the student receives direct, regularly scheduled special education services as required in the IEP, not on the student's disabling condition.

For example, if a student is enrolled to attend:

a. less than 50% of the student's instructional day in special education classes in a setting other than regular education, the student's instructional setting code would be 03, resource room.

b. 50% or more of the student's instructional day in special education classes, with more than two regular education classes, the student's instructional setting code would be 04, mild and moderate, regular campus.

4 Ineligible full-day - the student is enrolled in the RDSPD for 50% or more of the day (full-time RDSPD student) and the student is a full-day student; or

5 Ineligible half-day - the student is enrolled in the RDSPD for 50% or more of the day (full-time RDSPD student) and the student is a half-day student.

(4-6) Texas School for the Blind and Visually Impaired: This setting is for those students who are provided special education services at the Texas School for the Blind and Visually Impaired. This setting does not generate ADA or contact hours. If a student is placed in the Texas School for the Blind and Visually Impaired by the local district through ARD committee referral, then the student should be reported with an ADA eligibility code of 0 - Enrolled, Not in Membership and an instructional setting code of 70.

(4-7) Texas School for the Deaf: This setting is for those students who are provided special education services at the Texas School for the Deaf. This setting does not generate ADA or contact hours. If a student is placed in the Texas School for the Deaf by the local district through ARD committee referral, then the student should be reported with an ADA eligibility code of 0 - Enrolled, Not in Membership and an instructional setting code of 71.

(4-8) Nonpublic Day School: This setting is for providing special education instruction to students through a contractual agreement with a nonpublic school approved for special education. 19 TAC §89.63(c)(9) This setting does not generate ADA or contact hours. Nonpublic Day School students should be reported with an ADA eligibility code of 0 - Enrolled, Not in Membership and an instructional setting code of 60. For funding purposes, these students are reported on the SPE-106, Nonpublic Day School Report.

(4-9) Residential Nonpublic School: This setting is for providing special education services to students through a contractual agreement with an approved residential nonpublic school. Students are placed in a residential nonpublic school through the ARD process. This setting does not generate ADA or contact hours. Residential Nonpublic School students should be reported with an ADA eligibility code of 0 - Enrolled, Not in Membership and an instructional setting code of 50. For funding purposes, these students are reported on the SAS-111, Application for Approval of Funding for Residential Placement.

(4-10) Extended Year Services (EYS): Districts will be funded for the EYS program for special education students for the summer of 2000. Each student must be recommended for the EYS program by the ARD committee (as documented in the student's IEP) based on the justification that, without participation in the EYS program, the student may regress over the summer months. TEC §42.151(k), 19 TAC §89.1065

Instructions for EYS are as follows.

1. The student must be reported in the same instructional setting in which he or she was served during the 1999-2000 school year.

2. Mainstream is ineligible for state funding through EYS. This does not mean that districts should not or cannot administer mainstream services in their EYS program. If a student who received mainstream services during the regular school year needs mainstream services through the summer,

3. Each special education EYS teacher and speech therapist is responsible for maintaining a record/register of actual instructional eye-to-eye contact hours that each student receives throughout the summer. This EYS record/register must contain the following data.

a. The name of the district and the campus.

b. The County-District-Campus number.

c. Beginning and ending dates of each week in the EYS program.

d. Grade Level of each student as shown in the attendance system for the regular school year.

e. Student's Name as shown in the attendance system for the regular school year.

f. Instructional Setting Code of each student as shown in the attendance system for the regular school year.

g. Total actual contact hours served. Each teacher must record in 30 minute increments the actual number of contact hours each student was served in class each day. Increments of less than 30 minutes are not counted.

h. Total contact hours by instructional setting in order to sum the total EYS contact hours for each instructional setting.

4. At the end of the summer, all original contact hour records/registers will be signed by the teacher making the original entries and forwarded to the superintendent (or the superintendent's designee) for safekeeping. The EYS contact hour records/registers will be retained locally for audit purposes. By September 22, 2000, the district must report EYS data to the agency using the new 408 EYS Student Record according to Section 2 of the PEIMS Data Standards.

(4-11) Infants Receiving District Visual Impairment and/or Orientation and Mobility (O & M) Services: All infants (birth through two years of age) receiving district visual impairment and/or O & M services at home, in day care, or in an ECI center-based program should be reported with:

1. a grade level of EE (early education);

2. an instructional setting code of 01, homebound (a doctor's statement is not needed); and

3. an ADA eligibility code of 0 - Enrolled, Not in Membership if the infant is served less than 2 hours per week; 2 - Eligible for Half-Day Attendance if served at least 2 hours but less than 4 hours per week; or 1 - Eligible for Full-Day Attendance if served at least 4 hours per week.

All infants receiving district visual impairment and/or O & M services in district center-based programs (not an ECI program) should be reported with:

1. a grade level of EE (early education);

2. an instructional setting code of 05, severe, regular campus or 20, off home campus depending on the actual location of the services; and

3. an ADA eligibility code of 0 - Enrolled, Not in Membership if the infant is served less than 2 hours per day; 2 - Eligible for Half-Day Attendance if served at least 2 hours but less than 4 hours per day; or 1 - Eligible for Full-Day Attendance if served at least 4 hours per day.

(4-12) Infants Receiving District/RDSPD Auditory Impairment (Deaf) Services: All infants (birth through two years of age) receiving district auditory impairment (deaf) services at home or in day care should be reported with:

1. a grade level of EE (early education);

2. an instructional setting code of 01, homebound (a doctor's statement is not needed); and

3. an ADA eligibility code of 0 - Enrolled, Not in Membership if the infant is served less than 2 hours per week; 2 - Eligible for Half-Day Attendance if served at least 2 hours but less than 4 hours per week; or 1 - Eligible for Full-Day Attendance if served at least 4 hours per week.

All infants receiving district/RDSPD auditory impairment (deaf) services in a school district or in non-school district centers should be reported with:

1. a grade level of EE (early education);

2. an instructional setting code of 05, severe, regular campus or 20, off home campus depending on the actual location of the services; and

3. an ADA eligibility code of 0 - Enrolled, Not in Membership if the infant is served less than 2 hours per day; 2 - Eligible for Half-Day Attendance if served at least 2 hours but less than 4 hours per day; or 1 - Eligible for Full-Day Attendance if served at least 4 hours per day.

(4-13) Students Ages Three Through Five Receiving Homebound Services: Students ages three through five for whom the ARD committee has determined that homebound is the appropriate instructional placement/setting should be reported with:

1. a grade level of EE (early education);

2. an instructional setting code of 01, homebound (a doctor's statement is not needed); and

3. an ADA eligibility code of 0 - Enrolled, Not in Membership if the child is served less than 2 hours per week; 2 - Eligible for Half-Day Attendance if served at least 2 hours but less than 4 hours per week; or 1 - Eligible for Full-Day Attendance if served at least 4 hours per week.

(5) Eligibility/Eligible Days Present

(5-1) Special education services shall be available to all eligible students beginning on their third birthday and to all eligible students who have not reached their 22nd birthday on September 1 of the current scholastic year.

(5-2) In accordance with TEC §30.002 and §30.083, a free appropriate public education shall be available from birth to students with visual or auditory impairments. Students from birth through age two who have visual and/or auditory impairments and who are served by the district shall be considered

eligible for ADA on the same basis as other students in special education. Students in the Regional Day School Program for 50% or more of the school day are ineligible for ADA.

(5-3) For every eligible day present, a student earns special education contact hours for the instructional setting the student is assigned, even if the student does not attend all scheduled classes. For example:

1. A student was scheduled for speech therapy only twice a week. The student was present at the time attendance was taken all five days that week. The student earns contact hours for speech therapy all five days.

2. A student has a special education class at 1:00 p.m. each day. The student leaves school for the day after attendance is taken (10:30 a.m.) and does not attend the 1:00 class. The student was present at the time attendance was taken; therefore, he or she earns contact hours for the special education class that day even though he or she did not actually attend.

3. A student has a scheduled special education class at 1:00 p.m. The student arrives at school at 11:00 a.m., after attendance is taken. The student was absent at the time attendance was taken; therefore, he or she earns no contact hours for the special education class that day even though he or she attended the class.

(5-4) If instructional services for special education are provided after school or on Saturday, the contact hours may be counted only if the services cannot be provided or are unavailable at any other time (e.g., speech therapy due to a shortage of speech therapists, orientation and mobility services/vision instruction at night or in periods of darkness, etc.).

(5-5) A student who attends the prekindergarten program for half of the day and the Preschool Program for Children with Disabilities (PPCD) for the other half of the day should have an ADA eligibility code of 1 (Eligible for full-day attendance) if the student is eligible for both programs. This student's grade level should be recorded as prekindergarten. In most cases, this student's special education instructional setting would be recorded as 04, mild and moderate.

(5-6) Students attending PPCD must meet the same eligibility requirements as other special education students. An ARD committee must meet and document in each student's IEP that the student is eligible to attend this program. It may also be decided that the student should receive speech therapy. These students must attend school at least two hours daily to be coded as half-day students (ADA eligibility code 2) or at least four hours daily to be coded as full-day students (ADA eligibility code 1). These students' instructional setting codes and speech therapy indicator codes should be determined according to the same criteria as all other students.

(5-7) Students who are attending a shared services arrangement or Regional Day School for the Deaf may be reported by the receiving district without requiring a legal transfer. The decision of which district is to report the students is pursuant to an agreement between the superintendents of the districts involved. The same district reports the student for all PEIMS reporting. Eligibility codes 3 and 6 are not valid for students reported by the receiving district without a legal