NOTE: The EHBA series of policies are statements of principals governing special education programs in Texas and parents are encouraged to refer to the local school district policies regarding certain topics below:
- FREE APPROPRIATE PUBLIC EDUCATION (FAPE)
LEAST RESTRICTIVE ENVIRONMENT
TSBVI will not accept for admission or, if the student has already been enrolled at TSBVI, continued enrollment, unless the local school district has conducted an appropriate Admission, Review and Dismissal (ARD) committee meeting to ensure that to the maximum extent appropriate, children with disabilities, including children in public or private institutions, or other care facilities, shall be educated with children who are not disabled and prepared an appropriate Individualized Education Program (IEP) evidencing such determination. Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment shall occur only when the nature, or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. 20 U.S.C. 1412(a)(5); 34 CFR 300.114(a)(2)
All disciplinary actions regarding students with disabilities shall be in accordance with federal requirements and Education Code Chapter 37, and 19 TAC 89.1053. 19 TAC 89.1050(g) (See FOF)
In determining instructional arrangements/settings local school districts shall base decisions on the individual needs and IEPs of eligible students receiving special education services. Students for whom placement at TSBVI is determined by an Admission, Review and Dismissal (ARD) Committee to be the appropriate assignment for delivery of the IEP, are considered to be placed in the least restrictive environment for instructional services.
INSTRUCTIONAL ARRANGEMENTS AND SETTINGS
TSBVI is a special school within the public education system of Texas established to provide specialized and intensive services to students related to a visual impairment. The School is a separate and unique instructional setting that provides services by special education teachers and related service staff. The School is not intended to provide the full array of instructional arrangements and settings provided by local school districts. Education Code 30.021(a)
OTHER PROGRAM OPTIONS
TSBVI may arrange for identified students to attend one or more classes in the regular education setting at a campus or a neighboring school district, with the consent of that district. 19 TAC 89.63(c), (f)
PERSONNEL ASSIGNED TO STUDENTS WITH VISUAL IMPAIRMENTS
TSBVI shall ensure that certified teachers of students with visual impairments provide special education services to enrolled students.
“Related services” means transportation, and such developmental, corrective, and other supportive services as may be required to assist a child with a disability to benefit from special education, including the early identification and assessment of disabling conditions in children.
The term includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive FAPE as described in the child’s IEP, counseling services, including rehabilitation counseling, orientation and
mobility services, and medical services, except that medical services shall be for diagnostic and evaluation purposes only.
The term does not include a medical device that is surgically implanted, the optimization of the device’s functioning, or the replacement of such device.
20 U.S.C. 1401(26); 34 CFR 300.34
A student’s local district shall provide special transportation to day students when the ARD committee determines that the condition of the student warrants the service in order for the student to receive the special education and related services (if any) set forth in the IEP. The student’s local district shall provide transportation at the beginning and end of the TSBVI school year and for school holidays when TSBVI is closed. 19 TAC 89.1090
The student’s ARD Committee shall determine students’ special needs related to transportation to and from the School including the need for an adult escort.
Extended School Year (ESY) Services
Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities.
The student’s local school district shall ensure that extended school-year (ESY) services are available as necessary to provide a student with a disability with FAPE. TSBVI may provide regression and recoupment data to the ARD Committee to assist a local district to make decisions regarding a student’s need for ESY services. TSBVI is not responsible for ESY services and such services, if needed by a student, must be conducted or sponsored by the local district.
ESY services must be provided by the local district only if the ARD committee determines, on an individual basis, that the services are necessary for FAPE. A local district may not limit ESY services to particular categories of disability or unilaterally limit the type, amount, or duration of ESY services.
34 CFR 300.106; 19 TAC 89.1065
Amended: 3/12/82, 11/11/83, 6/29/84, 1/26/90, 9/27/90, 9/27/91, 3/26/93, 1/26/99, 1/24/02, 1/30/04, 1/26/07, 6/5/13, 4/7/17, 11/15/18