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EHBAB Special Education: ARD Committee and Individualized Education Program

REFERRALS TO TSBVI

When making a referral to TSBVI, in accordance with Education Code 25.002, the local district in which the student is enrolled shall furnish TSBVI with a copy of the student’s records, including the student’s special education records, prior to consideration for admission.  The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, does not require the student’s current and previous school districts to obtain parental consent before requesting or sending the student’s special education records if the disclosure is conducted in accordance with 34 CFR 99.31(a)(2) and 99.34.

Records provided must include a copy of the current IEP with consensus by the local district’s ARD committee for consideration of TSBVI as a location for services.  A copy of the annual IEP, Full and Individual Evaluation and all pertinent evaluation and medical information is required.  When a parent requests an Independent Education Evaluation (IEE), the IEE must be completed and reviewed by the local district’s IEP team.  The final agreed upon FIE and IEP should be furnished to TSBVI prior to consideration for services at TSBVI.

TSBVI shall promptly obtain the student’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services, from the previous district.  The previous district must provide requested student records not later than 10 days of receipt of the request from TSBVI.  20 U.S.C. 1414(d)(2)(C)(ii); 34 CFR 300.323(g); 19 TAC 89.1050 (j)(3)

Following acknowledgement of the appropriateness of admission to TSBVI and prior to the student’s enrollment at TSBVI, the local district in collaboration with TSBVI will convene an ARD committee meeting to address the student’s services and to amend the IEP accordingly.

Education Code 30.021; 19 TAC 89.1050(f)

ADMISSION, REVIEW, AND DISMISSAL COMMITTEE

The local district that is referring a student to attend TSBVI, shall establish an admission, review, and dismissal (ARD) committee for each eligible student and for whom a full and individual initial evaluation has been conducted.  The ARD committee shall be the individualized education program (IEP) team defined in 34 CFR 300.321.

Responsibilities of ARD Committee

The responsibilities of the ARD committee and TSBVI include:

  1. Evaluation, reevaluation, and determination of eligibility for special education and related services as they relate to the coordination of services for students who are blind or visually impaired, DeafBlind, and who may have additional disabilities that require unique supports from TSBVI, including planning for the return of student to the local district program pursuant to Education Code 30.002(e), including a detailed description for instruction in the Expanded Core Curriculum, continuing services beyond regular school hours and explaining state and community service resources;
  2. Placement of students with disabilities including disciplinary changes in placement;
  3. Development of the student’s IEP;
  4. Compliance with the least restrictive environment (LRE) standard;
  5. Compliance with state requirements for state and districtwide assessments under ESSA;
  6. Development of intensive instructional programs under Education Code 28.0213 [See EHBC];
  7. Development of personal graduation plans [see Policy EIF(TSBVI)]; and
  8. Determining eligibility for extracurricular activities under Education Code 33.081.

19 TAC 89.1050(a); 34 CFR 300.116(a), .321(a)

Committee Members

The local district in collaboration with TSBVI, shall ensure that each ARD committee meeting includes all of the following:

  1. The parents of a student with a disability (19 TAC 89.1050(c)(1)(A);
  2. At least one regular education teacher of the student (if the student is, or may be, participating in the regular education environment); and the local district must include, to the extent practicable, a teacher who is knowledgeable of the implementation of those portions of the student’s IEP pursuant to Education Code 29.005(a) and 19 TAC 89.1050(c)(1)(B);
  3. At least one special education teacher*, or, if appropriate, at least one special education provider for the student (19 TAC 89.1050(c)(1)(c);
  4. A representative of the local district who:
    1. Is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities;
    2. Is knowledgeable about the general education curriculum; and
    3. Is knowledgeable about the availability of resources of the local district (19 TAC 89.1050(c)(1)(D);
    4. Provides the district’s visual impairment education, including orientation and mobility services;
    5. Is knowledgeable about those portions of the student’s IEP, if an ARD committee is required to include a regular education teacher.
  5. A representative of TSBVI who:
    1. Is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities;
    2. Is knowledgeable about the general education and Expanded Core Curriculum; and
    3. Is knowledgeable about the availability of resources of TSBVI (19 TAC 89.1050(c)(1)(D);
  6. An individual* who can interpret the instructional implications of evaluation results, who may be a member of the ARD committee (who may be a member of the committee listed in items 2-4) (19 TAC 89.1050(c)(1)(E), (B), (C), (D), (F));
  7. The student, whenever appropriate; including when a purpose of the meeting will be consideration of the student’s post-secondary goals and transition services to assist the student in meeting those goals (34 CFR 300.321(b)(1), 19 TAC 89.1050(c)(1)(G);
  8. At the discretion of the local district, TSBVI, or the parent, other individuals* who have knowledge or special expertise regarding the student, including related services personnel as appropriate (19 TAC 89.1050(c)(1)(F);
  9. To the extent appropriate, with consent of parent or adult student, a representative of any agency that is likely to be responsible for providing or paying for transition services (34 CFR 300.321(b)(3), 19 TAC 89.1050(c)(1)(H));
  10. A representative from Career and Technical Education (CTE), preferably the teacher, when considering initial or continued placement of a student in CTE (19 TAC 89.1050(c)(1)(I);
  11. A professional staff member who is on the language-proficiency assessment committee (LPAC), if the student is identified as an English Language Learner; (19 TAC 89.1050(c)(1)(J);
  12. For a student with a visual impairment, including one who is DeafBlind, a teacher who is certified in the education of children with visual impairments (19 TAC 89.1050(c)(3)(A);
  13. For a student with an auditory impairment, a teacher who is certified in the education of children with auditory impairments (19 TAC 89.1050(c)(3)(B); and
  14. For a student with suspected or documented DeafBlind disability, a teacher who is certified in the education of students with visual impairments and a teacher who is certified in the education of students who are deaf or hard of hearing (19 TAC 89.1050(c)(3)(C).

* The local school district may request TSBVI to provide these members of the ARD committee from the TSBVI staff.

20 U.S.C. 1414(d)(1)(B); 34 CFR 300.321; 19 TAC 75.1023(d)(1), 89.1131(b)(3)–(4), 101.1005, .1050(c)

A TSBVI member of the ARD committee shall not be required to attend an IEP meeting, in whole or in part, if the parent (in writing) and the local district and TSBVI agree that the attendance is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting.

A TSBVI member of the ARD committee may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of curriculum or related services if the parent (in writing), and the local district and TSBVI consent to the excusal.  Additionally, the member must submit to the parent and the ARD committee, written input into the development of the IEP before the meeting.

20 U.S.C. 1414(d)(1)(C); 34 CFR 300.321(e)

Parent Involvement

The local district and TSBVI shall take steps to ensure that one or both parents of a student with a disability are present at each ARD committee meeting or are afforded an opportunity to participate, including:

  1. Notifying the parents of the meeting early enough to ensure that they will have an opportunity to attend. The notice provided by the local district shall include the purpose, time, and location of the meeting and who will be in attendance.  Persons with knowledge or special expertise may be invited by either the parent or a district.
  2. Scheduling the meeting at a mutually agreed on time and place. If the purpose of the meeting is to consider transition services, the local district’s notice must also indicate this purpose, indicate that the local school district and TSBVI (with parental consent or consent of an adult student) will invite the student, and any other agency representatives likely to be responsible for transition services for a student;

34 CFR 300.322(a)-(b); 19 TAC 89.1045,.50(d)

Written Notice

If a parent is unable to speak English, the local district must provide the parent with a written notice regarding the ARD Committee meeting required under 19 Administrative Code 89.1050(d) (notice for purposes of scheduling) or (e)(2) (notice explaining why the district refuses to convene a meeting) in the parent’s native language, unless it is clearly not feasible to do so. If the parent’s native language is not a written language, the local district must take steps to ensure that the notice is translated orally or by other means to the parent in his or her native language or other mode of communication so that the parent understands the content of the notice. 19 TAC 89.1050(f)

Meeting at Parent’s Request

Upon receipt of a written request for an ARD committee meeting from a parent, the local district must schedule and convene a meeting in accordance with the procedures in 19 Administrative Code 89.1050(d) or within five school days, provide the parent with written notice explaining why the district refuses to convene a meeting.  19 TAC 89.1050(e)

Alternative Means of Meeting Participation

If neither parent can attend an ARD meeting, the local district and TSBVI shall use alternative means of meeting participation, such as conference telephone calls or video conferencing.  20 U.S.C. 1414(f); 34 CFR 300.322(c); 19 TAC 89.1050(d)

If the local school district and TSBVI are unable to convince the parents that they should attend, an ARD meeting may be conducted without a parent in attendance but the local district and TSBVI shall have a record of its attempts to arrange a mutually agreed on time and place, such as detailed records of telephone calls, correspondence, or visits made or attempted and the results of any of those actions.  34 CFR 300.322(d)

 DEVELOPING THE IEP

Collaborative Process

All members of the ARD committee shall have the opportunity to participate in a collaborative manner in developing the IEP.  Decisions concerning the required elements of the IEP shall be made by mutual agreement, if possible. The ARD committee may agree to an annual IEP or an IEP of shorter duration.

In collaboration with TSBVI, each student’s local school district shall initiate and conduct ARD committee meetings for the purpose of developing, reviewing, and revising the IEP of a student with a disability.  The committee shall review each student’s IEP periodically, and, if appropriate, revise the IEP.  A meeting must be held for this purpose at least once a year.  The ARD committee must also determine the student’s location of services once a year.

A “meeting” does not include informal or unscheduled conversations involving the local district or TSBVI personnel on issues such as teaching methodology, lesson plans, or coordination of service provisions if those issues are not addressed in the student’s IEP.  A “meeting” also does not include preparatory activities that any public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

20 U.S.C. 1414(d)(4); 34 CFR 300.116(b)(1),.324(b), (c)(1),.501(b)(3)

INDIVIDUALIZED EDUCATION PROGRAM (IEP)

The local district and TSBVI shall develop, review, and revise an IEP for each enrolled student.  20 U.S.C. 1412(a)(4); 34 CFR 300.320(a)

At the beginning of each school year, TSBVI shall have in effect an IEP for each student enrolled.  20 U.S.C. 1414(d)(2)(A); 34 CFR 300.323(a)

Contents of the IEP

The term “individualized education program” means a written statement for each student with a disability that includes:

  1. A statement of the student’s present levels of academic achievement and functional performance;
  2. A statement of measurable annual goals, including academic and functional goals;
  3. A description of how the student’s progress toward the annual goals will be measured and when periodic reports on the student’s progress will be provided;
  4. A statement of the specific special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the student;
  5. A statement of the program modifications or supports that will be provided for the student;
  6. An explanation of the extent, if any, to which the student will not participate with nondisabled students in the regular class and in extracurricular and nonacademic activities;
  7. The projected dates for initiation of services and modifications and the anticipated frequency, location, and duration of these services and modifications;
  8. A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the student on state or districtwide assessments;
  9. Whether the student needs assistive technology devices and services that are not medical devices, nor surgically implanted. 34 CFR 300.324(a), .5
  10. Blind or visually impaired students will be evaluated for reading and writing instruction in braille or the use of other communication methods, receive instruction in the Expanded Core Curriculum for compensatory skills, orientation and mobility, social interaction, career planning, optical devices and other assistive technology, independent living skills, recreation and leisure enjoyment, self-determination and sensory efficiency; and sets forth the plans for continuing services to the student beyond regular school hours to ensure the student receives instruction for his/her visual impairment;
  11. If the ARD committee determines that the student must take an alternative assessment instead of a particular regular state or districtwide assessment, a statement of why the student cannot participate in the regular assessment and why the particular assessment selected is appropriate for the student;
  12. If the local district ARD committee determines that a student is in need of extended school year (ESY) services, identification of the goals and objectives that will be addressed during ESY services provided by the local district;
  13. Beginning no later than when a student reaches 14 years of age and updated annually thereafter, the ARD committee’s consideration and decisions regarding the transition issues under 19 Administrative Code 89.1055(j) [see EHBAD];
  14. Beginning not later than the first IEP to be in effect when the child is 16, or younger if determined appropriate by the ARD committee, and updated annually thereafter, a statement of appropriate, measurable postsecondary goals and transition services needed to assist the student in reaching those goals [see EHBAD]; and
  15. Beginning not later than one year before the student reaches the age of 17, a statement that the child has been informed of the rights that will transfer to the student upon reaching the age of majority;
  16. The date of the meeting;
  17. The name, position, and signature of each member participating in the meeting; and
  18. An indication of whether the student’s parents, the adult student, if applicable, and the administrator agreed or disagreed with the decisions of the ARD committee.

The written statement of a student’s IEP may be required to include only information included in the model form developed by TEA under Education Code 29.0051(a) and posted on the TEA website.  The local school district may use the model form to comply with the requirements for an IEP under 20 U.S.C. 1414(d).  The local district is responsible for assuring that a free and appropriate education is provided and that all legally required meetings for developing and reviewing the student’s IEP are conducted.  Education Code 30.021

20 U.S.C. 1414(d); 34 CFR 300.320 .324(a)(2)(iii), .34(c)(7); Education Code 29.005(f)(b-1),.0111,.0051; 19 TAC 89.1055

Special Factors

Behavior

In the case of a child whose behavior impedes the child’s learning or the learning of others, the admission, review and dismissal (ARD) committee must consider whether a behavior improvement plan or a behavioral intervention plan (BIP) is appropriate for a student.  If the committee makes that determination, the BIP shall be included as part of the student’s IEP and provided to each teacher with responsibility for educating the student.  Education Code 29.005(g); 19 TAC 89.1055(g)

Autism Spectrum Disorder

For students with autism spectrum disorders (ASD), the following strategies shall be considered by the ARD committee, 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 program/settings based on assessment of behavior, social skills, communication, academics, and self-help skills) 34 CFR 300.320(a)(4);
  2. Daily schedules reflecting minimal unstructured time and active engagement in learning activities (such as 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) 19 TAC 89.1055(e)(1);
  3. In-home training and community-based training provided by the local district or viable alternatives that assist the student with the acquisition of social/behavioral 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) 19 TAC 89.1055(e)(2);
  4. Prioritized behavioral support strategies based on relevant information (for example, antecedent manipulation, replacement behaviors, reinforcement strategies, and data-based decisions; and a BIP 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) 19 TAC 89.1055(e)(3);
  5. Beginning at any age, futures planning for integrated living, work, community, and educational environments that considers skills necessary to function in current and post-secondary environments. 19 TAC 89.1055(e)(4);
  6. Parent/family training and support provided by qualified personnel with experience in Autism Spectrum Disorders (ASD) by local district or TSBVI (for example provides a family with skills necessary for the student to succeed in the home/community setting 19 TAC 89.1055(e)(5)(6);
    1. Includes information regarding resources such as parent support groups, workshops, videos, conferences, and materials designed to increase parent knowledge of specific teaching/management techniques related to the child’s curriculum 19 TAC 89.1055(e)(6)(A);
    2. Facilitates parental carryover of in-home training (for example, strategies for behavior management and developing structured home environments and/or communication trainings so that parents are active participants in promoting the continuity of interventions across all settings) 19 TAC 89.1055 (e)(6)(B)
  7. Suitable staff-to-student ratio appropriate to identified activities and to achieve social/behavioral progress based on the student’s developmental and learning level (acquisition, fluency, maintenance, generalization) that encourages work towards individual independence, such as using:
    1. adaptive behavior evaluation results (See 19 TAC 89.1055(e)(7));
    2. behavioral accommodation needs across settings (See 19 TAC 89.1055(e)(7)(A));
    3. transitions within the school day (See 19 TAC 89.1055(e)(7)(B));
  8. Communication interventions, including language forms and functions that enhance effective communication across settings (for example, augmentative, incidental, and naturalistic teaching) 19 TAC 89.1055(e)(7)(c);
  9. Social skills supports and strategies based on social skills assessment/curriculum and provided across settings (for example, trained peer facilitators [e.g., circle of friends], video modeling, social stories, and role playing) 19 TAC 89.1055(e)(8);
  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) 19 TAC 89.1055(e)(9); and
  11. Teaching strategies based on peer-reviewed, research-based practices for students with ASD (for example, those associated with discrete-trial training; visual supports, applied behavior analysis, structured learning, augmentative communication, or social skills training) (See 19 TAC 89.1055(e)(10)).

If the ARD committee determines that the services are not needed in one or more of the items listed in 1-11 above, the IEP shall include a statement reflecting that decision and the basis upon which the determination was made.

Education Code 29.005(e); 19 TAC 89.1055(e)-(f)

Limited English Proficiency/English Language Learners

English learners will have a professional member of the language proficiency assessment committee serve on the ARD committee.  The ARD committee with the LPAC will comply with the state and districtwide assessments framework to determine an appropriate assessment instrument and to designate the level of English proficiency for the English as a Second Language (ESL) program.  19 TAC 89.1050(c); .1225(f)(4), .1225(k)

Deaf or Hearing Impaired

The ARD committee must consider the deaf or hard of hearing child’s language and communication needs, whether opportunities for direct communications with peers and professional personnel are available in the student’s language and communication mode, the child’s academic level and range of needs for appropriate direct instruction.  34 CFR 300.324(a)

FAILURE TO REACH AGREEMENT (TEN-DAY RECESS)

When mutual agreement about all required elements of the IEP is not achieved, the parent or adult student who disagrees shall be offered a single opportunity to have the committee recess for no more than ten school days and reconvene the ARD meeting.  Unless the parties mutually agree otherwise in writing, the time to reconvene must not exceed 10 school days and must be scheduled at a mutually agreed upon time and place.  [See EHBAD for more information on rights of adult students.]

This recess is not required when:

  1. The student’s presence on campus represents a danger of physical harm to the student or others;
  2. The student has committed an expellable offense; or
  3. The student has committed an offense that may lead to placement in a disciplinary alternative education program. [See FOF].

These requirements do not prohibit the members of the ARD committee from recessing an ARD committee meeting for reasons other than failure of the parents and the other members of the ARD committee to reach mutual agreement about all required elements of an IEP.

During the recess, the committee members must consider alternatives, gather additional data, prepare further documentation, and/or obtain additional resource persons to enable the committee to reach mutual agreement.

If a recess is implemented and the ARD committee still cannot reach mutual agreement, the School shall implement the IEP that it has determined to be appropriate for the student.  A written statement of the basis for the disagreement shall be included in the IEP.  Each member of the ARD committee who disagrees with the IEP developed by the ARD committee is entitled to include a statement of disagreement in the ARD report and minutes.  If the IEP is not developed by mutual agreement, the local district in collaboration with TSBVI must include a written statement regarding the basis of the disagreement in the ARD report and minutes.  The committee members who disagree shall be offered the opportunity to write their own statements in the IEP and minutes.

When TSBVI implements an IEP with which the parents or adult student disagree, the local school district shall provide prior written notice in compliance with the notice provisions described at EHBAE.

Parents shall have the right to file a complaint, request mediation, or request a due process hearing at any point, when they disagree with ARD committee decisions.

19 TAC 89.1050(h), Education Code 29.005(c)(g)

ISD’s Responsibility for Individualized Education Evaluations

A parent’s request for an Individual Education Evaluation (IEE) triggers a duty by the local district to perform and pay for the IEE at no cost to the parent.  34 CFR 300.502

REPORT AND PRIOR WRITTEN NOTICE

At no cost to the parent, the local district will complete the written report of the ARD committee for students receiving services at TSBVI and promptly provide the report to TSBVI within 5 days.  The written report of the ARD committee shall document the decisions of the committee with respect to the issues discussed at the meeting.    34 CFR 300.322(f); 19 TAC 89.1050(e), (i)

Prior Written Notice by ISD in Understandable Language

Before changing the student’s identification, evaluation or educational placement (including proposing, refusing, changing or ceasing services), the local district must provide the parent with a written copy or audio recording of the child’s proposed IEP accurately translated into the parent’s native language at least five school days beforehand, unless the parent agrees to a shorter timeframe.  34 CFR 300.503(a), (c); 19 TAC 89.1050(h),(i)

In its prior written notice, the local district must include a description of the action proposed or refused by the district, why the district has made this decision, and describe each evaluation or report used as a basis for the district’s action or decision.  Additionally, the district must provide procedural safeguards under IDEA and resources for assistance to the parent, plus a description of the other options considered by the ARD committee and rationale for rejecting those options, as well as any other relevant factors.  If the district is proposing to conduct an evaluation, it must also include in the prior written notice a description of any evaluation procedure it proposes to conduct.  34 CFR 300.504(b); (a)

Translation of IEP into Native Language

If the parent is unable to speak English and Spanish is the parent’s native language, the local district shall provide a written or audiotaped copy of the student’s IEP translated into Spanish.  If the parent’s native language is other than Spanish or English, the local district shall make a good faith effort to provide a written or audiotaped copy of the student’s IEP translated into the parent’s native language.  Education Code 29.005(d); 19 TAC 89.1050(i)

If a parent’s native language is not a written language the local district must take steps to ensure that the student’s IEP is translated orally or by other means to the parent in his or her native language or other mode of communication.  [See local district policies for translation of IEP into native language and provision of a written copy of the IEP in the parent’s native language under 34 C.F.R. 300.322(f) and 19 TAC 89.1050(i).]

Visual Impairment

TSBVI ensures that certified teachers of the visually impaired and certified orientation and mobility specialists provide services to students with visual impairments and access to resources for staff as required in Education Code 30.002 (c)(10) 19 TAC 89.1075(b).

Dyslexia

Dyslexia and related disorders will be screened by trained professionals at the local district and TSBVI will provide services as identified in the IEP.

MODIFICATION OF EXISTING IEP

Changes to the IEP may be made either by the entire ARD committee or by amending the IEP by agreement, rather than redrafting the entire IEP.

After the ARD Committee meeting that develops an annual IEP, the parent and district may agree not to convene an IEP meeting for the purposes of making changes to the IEP and instead may develop a written document to amend or modify the student’s current IEP.

Upon request, a parent shall be provided with a revised copy of the IEP with amendments incorporated.  To the extent possible, the local district and TSBVI shall encourage the consolidation of reevaluation meetings and other ARD meetings for the student.

20 U.S.C. 1414(d)(3)(D)–(F); 34 CFR 300.324(a)(4)–(6)

Teacher Access to IEP

TSBVI must ensure that each teacher who provides instruction to a student with a disability has access to relevant sections of the student’s current IEP, is informed of the teacher’s specific responsibilities related to implementation of the IEP, and has an opportunity to request assistance regarding implementation of the student’s IEP.  19 TAC 89.1075(c)

Teacher Request to Review IEP

TSBVI shall develop a process to be used by a teacher who instructs a student with a disability in a classroom setting:

  1. To request a review of the student’s IEP;
  2. To provide input in the development of the student’s IEP;
  3. That provides for a timely response to the teacher’s request; and
  4. That provides for notification to the student’s parent or legal guardian of that response.

Education Code 29.001(11); 19 TAC 89.1075(d)

TRANSFER STUDENTS

When a student transfers to a new school district within the state while attending TSBVI, the receiving school district verifies with the previous school district in writing or by telephone that the student was receiving special education services at TSBVI.  The new district must meet the requirements of 34 C.R.R. 300.323e(1) or (2) 30 school days from the date the student is verified as attending TSBVI for special education services.

If a student transfers districts, and the student had a previous IEP in place at TSBVI, the receiving district will ensure provision of FAPE, including services comparable to those described in the previous IEP, in consultation with the parents until, in the case of a student who transfers within the state, the local district adopts the previous IEP or develops, adopts, and implements a new IEP.  The new local district has 30 days to hold an ARD meeting and determine the IEP.  Within 30 school days of the move and local district transfer, an ARD committee meeting must be held with the new local district to make a determination regarding the need for continued services at TSBVI or if a change is needed to the student’s current program location and IEP services.

20 U.S.C. 1414(d)(2)(C)(i); 34 CFR 300.323(e)–(f)

Transfer of Records for Transfer Students

The previous district shall take reasonable steps to promptly respond to provide requested student records as requested by the new district.  TSBVI shall facilitate the sharing of records including the IEP and supporting documents and any other records relating to the provision of special education or related services to the student, from the previous district, but does not maintain the student’s eligibility folder and historical records.  19 TAC 89.1050(j)(3)

Adopted:         1/24/02

Amended:       1/30/04, 6/5/13, 9/27/19

Reviewed: