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DYSLEXIA AND RELATED DISORDERS

The Board shall ensure that procedures are implemented for identifying and providing appropriate instructional services to students for dyslexia and related disorders, in accordance with the State Board of Education’s Dyslexia Handbook:  Procedures Concerning Dyslexia and Related Disorders.

Screening, Identification and Testing

Screening should be done only by individuals who are trained to assess students for dyslexia and related disorders, and will include an LSSP and/or a certified diagnostician who is familiar with assessment considerations for blind and visually impaired students.  

Before an identification or assessment procedure is used selectively with an individual student, local district shall notify the student's parent or guardian or another person standing in parental relation to the student through the student’s ARD meeting.

A process for early identification, intervention, and support for students at risk for dyslexia and related disorders must be available, as outlined in the Dyslexia Handbook.

Intervention

The School shall provide each identified student access to instructional programs required at Reading Program below and to the services of a teacher trained in visual impairment and dyslexia and related disorders.  A local ISD may, with the approval of each student’s parents or guardians, offer additional services at a centralized location, but centralized services shall not preclude each student from receiving services at his or her campus.

Reading Program

TSBVI shall purchase a reading program or develop its own reading program that is aligned with the descriptors in the Dyslexia Handbook and consistent with recommendations for students with visual impairments.

Teachers who screen provide intervention to these students must be trained in instructional strategies that utilize individualized, intensive, multisensory, phonetic methods and a variety of writing and spelling components described in the Dyslexia Handbook.  The professional development activities specified by the ARD committee shall include these instructional strategies.

Reassessment

Unless otherwise provided by law, a student determined to have dyslexia during screening or testing or accommodated because of dyslexia, may not be rescreened or retested for dyslexia for the purpose of reassessing the student’s need for accommodations until the School reevaluates the information obtained from previous screening or testing of the student.

Notice to Parents

The local school district shall inform parents and guardians of students eligible under Section 504 [see FB] of all services and options available to the student under the law th.

Parent Education

The local school district shall provide a parent education program for parents and guardians of students with dyslexia and related disorders.  This program should include awareness of characteristics of dyslexia and related disorders; information on testing and diagnosis of dyslexia; information on effective strategies for teaching dyslexic students; and awareness of information on modifications, especially modifications allowed on standardized testing.  TSBVI will share information regarding testing accommodations for dyslexic and/or blind and visually impaired students.

Education Code 38.003; 19 TAC 74.28

Adopted:         7/12/85

Amended:      

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:

  • NONDISCRIMINATION
  • 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)

DISCIPLINE

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)

PLACEMENT OPTIONS

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

Definition

“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

Transportation

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

Adopted:      5/8/81

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

Reviewed: 

 

Please refer to your local school district policies regarding the following topics:

  • CHILD FIND
  • PRIVATE SCHOOL STUDENTS
  • REQUESTS FOR REFERRALS & EVALUATION
  • DISTRICT OBLIGATION TO REFER
  • PARENTAL REQUEST FOR EVALUATION
  • NOTICE OF RIGHTS
  • INITIAL EVALUATION REQUIRED
  • CONSENT FOR INITIAL EVALUATION
  • WARDS OF THE STATE
  • PSYCHOLOGICAL EVALUATIONS
    If TSBVI determines that an additional examination or test is required for individual evaluation, the local district shall provide the information required by Education Code 29.0041(a) and shall obtain additional parental consent.  If a parent does not give consent within 20 calendar days after the district provided the information, the parent’s consent is considered denies.
  • ELIGIBILITY
  • DETERMINATION OF INITIAL ELIGIBILITY
  • INITIAL PROVISION OF SERVICES
  • REVOKING CONSENT
  • INDEPENDENT EVALUATION

REEVALUATIONS

The local district in collaboration with TSBVI shall ensure that each child with a disability is reevaluated if the School determines that the educational or related service needs of the child, including improved academic achievement and functional performance, warrant a reevaluation, or if the child's parent or teacher requests a reevaluation.

Reevaluations shall occur:

  1. No more than once a year, unless the parent and the School agree otherwise; and
  2. At least once every three years, unless the parent and the School agree that a reevaluation is unnecessary.

The local district will obtain informed parental consent before conducting a reevaluation, except that informed parental consent is not needed if the district can demonstrate that it has taken reasonable measures to obtain consent and the child’s parent has failed to respond.

20 U.S.C. 1414(a)(2), (b), (c); 34 CFR 300.303, .505

EVALUATION FOR CHANGE IN ELIGIBILITY

A local school district in collaboration with TSBVI shall evaluate a child with a disability before determining that the child is no longer a child with a disability.  However, an evaluation is not required before the termination of eligibility due to graduation from secondary school with a regular diploma or due to exceeding the age eligibility for a free appropriate public education under state law; a summary of academic achievement and functional performance must be provided in these circumstances.  20 U.S.C. 1414(c)(5); 34 CFR 300.305(e), 19 TAC 89.1070(g)

INDEPENDENT EVALUATION

The parents have a right to obtain an independent educational evaluation if they disagree with the local district’s or TSBVI’s evaluation. 

Upon request for an independent evaluation, the local school district shall provide parents with information regarding where one can be obtained and the local district’s criteria for independent evaluations.  The results of a parent-initiated independent educational evaluation, whether at public or private expense, must be considered by the local district if it meets the local district’s criteria, in any decision made with respect to FAPE for the child.

Please see local school district’s policies regarding the following:

  • INDEPENDENT EVALUATION AT PUBLIC EXPENSE
  • INDEPENDENT EVALUATION AT PRIVATE EXPENSE

34 CFR 300.502

DEFINITION OF ELIGIBILITY

A student is eligible to participate in a local district's special education program if:

  1. The student is between the ages of 3 and 22, inclusive;
  2. The student has one or more of the disabilities listed in federal regulations, state law, or both; and
  3. The student's disability(ies) prevent the student from being adequately or safely educated in the public schools without the provision of special services. [See Policy FD(TSBVI) for eligibility criteria to attend TSBVI

Education Code 29.003(b); 30.021; 19 TAC 89.1035; 19 TAC 89.1040

Visual and Auditory Impairments

A student with a visual or auditory impairment shall be eligible to participate in a local district's special education program from birth.  19 TAC 89.1035(b); Education Code 30.002

ELIGIBILITY FOR SERVICES FROM TSBVI

The Texas School for the Blind and Visually Impaired is established to serve students who are 21 years of age or younger on September 1 of any school year and who have a vision impairment and who may have one or more other disabilities.  The School through its Outreach Program may provide indirect services for children eligible for local Infant and for Pre-School Programs throughout Texas.  The School is not intended to serve infant and pre-school students in its on-campus Comprehensive Programs and Special Programs.

The School is intended to serve students who require specialized or intensive educational or related services related to the visual impairment.  The School is not intended to serve students whose needs are appropriately addressed in a home or hospital setting or in a residential treatment facility, or students whose primary, ongoing needs are related to a severe or profound emotional, behavioral, or cognitive deficit.   Education Code 30.021(a)(1)(2)

PRESCRIPTION MEDICATION

An employee of TSBVI is prohibited from requiring a student to obtain a prescription for a substance covered under the federal Controlled Substances Act (21 U.S.C. 801 et seq.) as a condition of attending school, receiving an evaluation for special education, or receiving special education and related services.

An employee is not prohibited from consulting or sharing classroom-based observations with parents regarding a student's academic and functional performance, behavior in the classroom or school, or the need for evaluation for special education or related services.

20 U.S.C. 1412(a)(25)

In light of the fact that TSBVI has students residing overnight in dormitory facilities, TSBVI’s Health Center requires families to provide both prescription and over the counter drugs and nutritional supplements (such as melatonin or other sleep aids) for students attending TSBVI.

Adopted:         1/26/99

Amended:       1/24/02, 3/23/07, 9/20/13, 11/15/18

Reviewed: 

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:

 DEFINITION OF AT-RISK STUDENT AT TSBVI

Relevant to the student population served at TSBVI, a "Student at risk of dropping out of school" includes each student who is under 22 years of age and who:

  1. Was not advanced from one grade level to the next for one or more school years, unless the student did not advance from prekindergarten or kindergarten to the next grade level only as a result of the request of the student’s parent;
  2. If the student is in grade 7-12 did not maintain an average equivalent to 70 on a scale of 100 in two or more subjects in the foundation curriculum during a semester in the preceding or current school year, or is not maintaining such an average in two or more subjects in the foundation curriculum in the current semester at the local school district;
  3. Did not perform satisfactorily on a state assessment instrument and who has not in the previous or current school year subsequently performed on that instrument or another appropriate instrument at a level equal to at least 110 percent of the level of satisfactory performance on that instrument;
  4. If the student is in kindergarten, or grade 1-3, did not perform satisfactorily on a readiness test or assessment instrument administered during the current school year;
  5. Is pregnant or is a parent;
  6. Has been placed in a Disciplinary Alternative Education Program (DAEP) in accordance with Education Code 37.006 during the preceding or current school year;
  7. Was previously reported through the Public Education Information Management System (PEIMS) to have dropped out of school;
  8. Is a student of limited English proficiency, as defined by Section 29.052;
  9. Is in the custody or care of the Department of Protective and Regulatory Services or has, during the current school year, been referred to the department by a school official, officer of the juvenile court, or law enforcement official;
  10. Is homeless, as defined by 42 U.S.C. 11302 and its subsequent amendments [see FD]; or
  11. Resided in the preceding school year or resides in the current school year in a cottage home operation, or foster group home.
  12. Has a parent or guardian who has been incarcerated, within the lifetime of the student, in a penal institution as defined by Penal Code 1.07.

Education Code 29.081(d)-(d-1)

INTENSIVE tsbVi INSTRUCTION for students receiving SPECIAL EDUCATION services

Intensive Instruction

The School shall offer an intensive program of instruction to a student who does not perform satisfactorily on a state assessment instrument as documented in the student’s IEP.

For a TSBVI student who does not perform satisfactorily on a state assessment instrument, the student's admission, review, and dismissal committee shall design the program to enable the student to attain a standard of annual growth on the basis of the student's individualized education program (IEP) and, if applicable, carry out the purposes of Education Code 28.0211.

Education Code 28.0211

State Assessments

The program shall be designed to:

  1. Enable the student to:
    1. To the extent practicable, perform at the student’s grade level at the conclusion of the next regular school term; or
    2. Attain a standard of annual growth specified by a district and reported by the district to TEA; and

If applicable, carry out the purposes of Education Code 28.0211.  [See EIE]

The School shall use student performance data from state basic skills assessment instruments, achievement tests and performance indicator data to design and implement appropriate intensive or accelerated instructional services with the goal of student performance at grade level at the conclusion of the next regular school term.  Education Code 29.081(a) [See MOU with TEA]

Accelerated Instruction

The ARD committee considers the appropriateness of instruction to enrolled students who have taken an end-of-course assessment instrument and have not performed satisfactorily or who are at risk of dropping out of school.  Education Code 29.081(b), 39.025(b-1)

TUTORIAL SERVICES

The School may provide tutorial services in its Comprehensive Programs as determined by the student’s Admission, Review, and Dismissal (ARD) Committee.  If TSBVI provides tutorial services, it shall require a student whose grade in a subject for a reporting period is lower than the equivalent of 70 on a scale of 100 to attend tutorials.  [See EC for provisions on lost class time.]

Education Code 29.084

MENTORING SERVICES PROGRAM

The School may provide mentoring services to students.  The School may arrange for any public or nonprofit community-based organization to come to the School and implement the program.  The School shall obtain the consent of a student’s parent or guardian before allowing the student to participate in the program.  Education Code 29.089

 INTENSIVE READING INSTRUCTION PROGRAM

The student’s ARD committee shall determine appropriate intensive or accelerated reading instruction that addresses reading deficiencies to each student in first grade or second grade who is determined, on the basis of reading assessment results [see EKC], to be at risk for dyslexia or other reading difficulties.  TSBVI shall provide additional reading instruction and intervention to each student [see EKC], as appropriate to improve the student’s reading skills in the relevant areas identified through the assessment instrument.  Education Code 28.006

Graduation Requirements

The School shall provide an intensive program of instruction to plan and implement intensive instruction and other activities aimed at helping a student satisfy state and local high school graduation requirements as documented in the student’s IEP.

No Cause of Action

The School’s determination of the appropriateness of an intensive program of instruction for a student is final and does not create a cause of action.  Education Code 28.0213

NOTE:  Please see local school district policies on Dropout Recovery Education Programs as compensatory education and optional extended year programs and services are provided by the local school districts.

Adopted:         5/28/92

Amended:       5/24/96, 1/24/97, 11/19/99, 1/24/02, 1/28/05, 9/22/06, 6/5/13, 4/5/19, 11/15/19

Reviewed:

 

TRANSITION SERVICES DEFINED

"Transition services" means a coordinated set of activities for a student with a disability that:

  1. Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the student to facilitate the student's movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation.
  2. Is based on the individual student's needs, taking into account the student's strengths, preferences, and interests.
  3. Includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and when appropriate, acquisition of daily living skills and functional vocational evaluation.
  4. May include special education, if provided as specially designed instruction, or a related service, if required to assist the child with a disability to benefit from special education. 34 CFR 300.43(b)

20 U.S.C. 1401(34); 34 CFR 300.43

INDIVIDUAL TRANSITION PLANNING

Not later than when a student reaches 14 years of age, the admission, review, and dismissal (ARD) committee must consider, and if appropriate, address the following issues in the individualized education program (IEP):

  1. Appropriate student involvement in the student's transition to life outside the public school system;
  2. If the student is younger than 18 years of age, appropriate involvement in the student's transition by the student's parents and other persons invited to participate by the student's parents or the school district in which the student is enrolled;
  3. If the student is at least 18 years of age, involvement in the student's transition and future by the student's parents and other persons, if the parent or other person is invited to participate by the student or the school district in which the student is enrolled or has the student's consent to participate pursuant to a supported decision-making agreement under Estates Code, Chapter 1357;
  4. Appropriate postsecondary education options, including preparation for postsecondary-level coursework;
  5. An appropriate functional vocational evaluation;
  6. Appropriate employment goals and objectives;
  7. If the student is at least 18 years of age, the availability of age-appropriate instructional environments, including community settings or environments that prepare the student for postsecondary education or training, competitive integrated employment, or independent living, in coordination with the student's transition goals and objectives;
  8. Appropriate independent living goals and objectives;
  9. Appropriate circumstances for facilitating a referral of a student or the student's parents to a governmental agency for services or public benefits, including a referral to a governmental agency to place the student on a waiting list for public benefits available to the student, such as a waiver program established under Section 1915(c), Social Security Act [42 U.S.C. Section 1396n(c)]; and
  10. The use and availability of appropriate supplementary aids, services, curricula, and other opportunities to assist the student in developing decision-making skills; and supports and services to foster the student's independence and self-determination, including a supported decision-making agreement under Estates Code Chapter 1357.

In accordance with 34 C.F.R. 300.320(b), beginning not later than the first IEP to be in effect when the student turns 16 years of age, or younger if determined appropriate by the ARD committee, and updated annually thereafter, the IEP must include the following:

  1. Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and
  2. The transition services, including courses of study, needed to assist the student in reaching the postsecondary goals developed under item 1.

A student's ARD committee shall annually review the issues described above and, if necessary, update the portions of the student's IEP that address those issues.

[See EHBAB regarding membership of ARD committee for transition services meeting]

20 U.S.C. 1414(d)(1)(A)(i)(VIII), 1414(d)(6); 34 CFR 300.320(b); Education Code 29.0111, .0111; 19 TAC 89.1055(j)–(l)

Transition and Employment Guide

TEA is required to develop a transition and employment guide for students enrolled in special education programs and their parents to provide information on statewide services and programs that assist in the transition to life outside the public school system.

TSBVI shall post the transition and employment guide on TSBVI's website and on request, will provide an accessible copy of the guide to a student or parent.

The local school district shall:

  1. Provide written information and, if necessary, assistance to a student or parent regarding how to access the electronic version of the guide at:
  2. The first meeting of the student's ARD committee at which transition is discussed; and
  3. The first committee meeting at which transition is discussed that occurs after the date on which the guide is updated; and
  4. On request, provide a printed copy of the guide to a student or parent.

Education Code 29.0112(a), (e)

GRADUATION 

Graduation with a regular high school diploma under 19 Administrative Code 89.1070(b)(1), (2), or (4) terminates a student's eligibility for special education services.  For students who receive a diploma according to 19 TAC 89.1070(b)(3) the ARD committee shall determine needed educational services upon the request of the student or parent to resume services, as long as the student meets the age requirements. [See EHBAA]

Graduation from high school with a regular diploma constitutes a change in placement that requires written prior notice to parents.

TSBVI is not required to conduct an evaluation before termination of eligibility due to graduation from secondary school with a regular high school diploma or due to exceeding the age eligibility for a free appropriate public education under state law.

TSBVI shall provide the student with a summary of the student's academic achievement and functional performance, which shall include recommendations on how to assist the student in meeting the student's postsecondary goals.

[See EIF]

20 U.S.C. 1414(c)(5); 34 CFR 300.305(e)(2); 19 TAC 89.1070

Adopted:         9/22/06

Amended:       11/9/12, 11/15/18

Reviewed:

PROCEDURAL SAFEGUARDS

The local school district shall establish and maintain procedures designed to ensure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of a free appropriate public education (FAPE).  20 U.S.C. 1415(a)

The local school district will provide an opportunity for the parents to review all education records and to participate in meetings relating to the identification, evaluation, and educational placement for provision of FAPE to the child.  34 CFR 300.501

TSBVI will participate collaboratively with the local district for students referred for out of district placement at TSBVI.  Please see the local school district’s board policies on the following:

  • Examination of Records and Participation in Meetings
  • Independent Educational Evaluation
  • Assignment of Surrogate Parent
  • Prior Written Notice
  • Mediation
  • Complaints
  • Due Process Complaint
  • Consent
  • Language of Notices
  • Electronic Delivery of Notices
  • Procedural Safeguards Notice
  • Prior Notice and Consent
  • Complaint Procedures
  • Resolution Process
  • Transfer of Rights to Adult Students

CONSENT TO REEVALUATION

The local school district shall obtain informed parental consent before conducting any reevaluation of a student with a disability, except that such informed parental consent need not be obtained if the local district can demonstrate that it has taken reasonable measures to obtain such consent and the parent has failed to respond.  20 U.S.C. 1414(c)(3)

Psychological Examinations and Tests

On request of a student’s parent, before obtaining the parent’s consent for the administration of any psychological examination or test as part of the reevaluation of the student’s need for special education, the local district shall provide to the student’s parent:

  1. The name and type of the examination or test; and
  2. An explanation of how the examination or test will be used to develop an appropriate IEP for the student.

If TSBVI determines that an additional examination or test is required for the evaluation of a child’s need for special education, the local school district shall provide the information above to the parent regarding the additional examination or test and shall obtain additional consent for the examination of test.  If TSBVI requests an assessment of a student’s educational or visual impairment related needs, the School may conduct an assessment and charge the local district a reasonable fee for the assessment.

Education Code 29.0041(a), (b) 30.022(g)

Adopted:          1/24/02

Amended:        1/30/04, 9/22/06, 6/5/13, 11/15/18

Reviewed:

DEFINITION OF AT-RISK STUDENT AT TSBVI

Relevant to the student population served at TSBVI, a "Student at risk of dropping out of school" includes each student who is under 22 years of age and who:

  1. Was not advanced from one grade level to the next for one or more school years, unless the student did not advance from prekindergarten or kindergarten to the next grade level only as a result of the request of the student’s parent;
  2. If the student is in grade 7-12 did not maintain an average equivalent to 70 on a scale of 100 in two or more subjects in the foundation curriculum during a semester in the preceding or current school year, or is not maintaining such an average in two or more subjects in the foundation curriculum in the current semester at the local school district;
  3. Did not perform satisfactorily on a state assessment instrument and who has not in the previous or current school year subsequently performed on that instrument or another appropriate instrument at a level equal to at least 110 percent of the level of satisfactory performance on that instrument;
  4. If the student is in kindergarten, or grade 1-3, did not perform satisfactorily on a readiness test or assessment instrument administered during the current school year;
  5. Is pregnant or is a parent;
  6. Has been placed in a Disciplinary Alternative Education Program (DAEP) in accordance with Education Code 37.006 during the preceding or current school year;
  7. Was previously reported through the Public Education Information Management System (PEIMS) to have dropped out of school;
  8. Is a student of limited English proficiency, as defined by Section 29.052;
  9. Is in the custody or care of the Department of Protective and Regulatory Services or has, during the current school year, been referred to the department by a school official, officer of the juvenile court, or law enforcement official;
  10. Is homeless, as defined by 42 U.S.C. 11302 and its subsequent amendments [see FD]; or
  11. Resided in the preceding school year or resides in the current school year in a cottage home operation, or foster group home.

Education Code 29.081(d)-(d-1)

INTENSIVE AND ACCELERATED INSTRUCTION FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES

Intensive Instruction

The School shall offer an intensive program of instruction to a student who does not perform satisfactorily on a state assessment instrument as documented in the student’s IEP.

For a TSBVI student who does not perform satisfactorily on a state assessment instrument, the student's admission, review, and dismissal committee shall design the program to enable the student to attain a standard of annual growth on the basis of the student's individualized education program (IEP) and, if applicable, carry out the purposes of Education Code 28.0211.

Education Code 28.0211

State Assessments

The program shall be designed to:

  1. Enable the student to:
    1. To the extent practicable, perform at the student’s grade level at the conclusion of the next regular school term; or
    2. Attain a standard of annual growth specified by a district and reported by the district to TEA; and

If applicable, carry out the purposes of Education Code 28.0211.  [See EIE]

The School shall use student performance data from state basic skills assessment instruments, achievement tests and performance indicator data to design and implement appropriate intensive or accelerated instructional services with the goal of student performance at grade level at the conclusion of the next regular school term.  Education Code 29.081(a) [See MOU with TEA]

Accelerated Instruction

The ARD committee considers the appropriateness of instruction to enrolled students who have taken an end-of-course assessment instrument and have not performed satisfactorily or who are at risk of dropping out of school.  Education Code 29.081(b), 39.025(b-1)

TUTORIAL SERVICES

The School may provide tutorial services in its Comprehensive Programs as determined by the student’s Admission, Review, and Dismissal (ARD) Committee.  If TSBVI provides tutorial services, it shall require a student whose grade in a subject for a reporting period is lower than the equivalent of 70 on a scale of 100 to attend tutorials.  [See EC for provisions on lost class time.]

Education Code 29.084

MENTORING SERVICES PROGRAM

The School may provide mentoring services to students.  The School may arrange for any public or nonprofit community-based organization to come to the School and implement the program.

The School shall obtain the consent of a student’s parent or guardian before allowing the student to participate in the program.

Education Code 29.089

ACCELERATED OR INTENSIVE READING INSTRUCTION PROGRAM

The student’s ARD committee shall determine appropriate intensive or accelerated reading instruction that addresses reading deficiencies to each student in first grade or second grade who is determined, on the basis of reading assessment results [see EKC], to be at risk for dyslexia or other reading difficulties. 

TSBVI shall provide additional reading instruction and intervention to each student [see EKC], as appropriate to improve the student’s reading skills in the relevant areas identified through the assessment instrument.

Education Code 28.006

Graduation Requirements

The School shall provide an intensive program of instruction to plan and implement intensive instruction and other activities aimed at helping a student satisfy state and local high school graduation requirements as documented in the student’s IEP.

No Cause of Action

The School’s determination of the appropriateness of an intensive program of instruction for a student is final and does not create a cause of action.  Education Code 28.0213

NOTE:  Please see local school district policies on Dropout Recovery Education Programs as compensatory education and optional extended year programs and services are provided by the local school districts.

Adopted:         5/28/92

Amended:       5/24/96, 1/24/97, 11/19/99, 1/24/02, 1/28/05, 9/22/06, 6/5/13, 4/5/19

Reviewed:

FEDERAL TITLE I PROGRAMS        

 Note:   The following contains basic requirements for TSBVI to receive Title I, Part A funds, but does not represent a complete list of TSBVI’s legal obligations.

 Effective July 1, 1995, the School shall comply with applicable statutes and rules and regulations of both state and federal authorities in receiving grants and administering a program based on Title I funds. 20 U.S.C. 6312

Parent and Family Engagement Plan

TSBVI may receive funds under Title I, Part A only if the School conducts outreach to all parents and family members and implements programs, activities, and procedures for the involvement of parents and family members in programs assisted under Title I, Part A, consistent with 20 U.S.C. 6318. The programs, activities, and procedures shall be planned and implemented with meaningful consultation with parents of participating children. 20 U.S.C. 6318(a)(1)

When the School receives Title I, Part A funds, TSBVI shall develop jointly with, agree on with, and distribute to, parents and family members of participating children a written parent and family engagement policy. The policy shall be incorporated into TSBVI’s plan developed under 20 U.S.C. 6312 [TEA-approved plan to receive Title I funds], establish the district’s expectations and objectives for meaningful parent and family involvement, and describe how TSBVI will:

  1. Involve parents and family members in jointly developing TSBVI’s plan, and the development of support and improvement plans under paragraphs (1) and (2) of section 6311(d);
  2. Provide the coordination, technical assistance, and other support necessary to assist and build the capacity of all participating schools within TSBVI in planning and implementing effective parent and family involvement activities to improve student academic achievement and school performance, which may include meaningful consultation with employers, business leaders, and philanthropic organizations, or individuals with expertise in effectively engaging parents and family members in education;
  3. Coordinate and integrate parent and family engagement strategies under Title I, Part A with parent and family engagement strategies to the extent feasible and appropriate, with other relevant federal, state, and local laws and programs;
  4. Conduct, with the meaningful involvement of parents and family members, an annual evaluation of the content and effectiveness of the parent and family engagement policy in improving the academic quality of all schools served under Title I, Part A, including identifying:
    1. Barriers to greater participation by parents in activities authorized by section 6318 (with particular attention to parents who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background);
    2. The needs of parents and family members to assist with the learning of their children, including engaging with school personnel and teachers; and
    3. Strategies to support successful school and family interactions;
  5. Use the finding of the above evaluation to design evidence-based strategies for more effective parental involvement, and to revise, if necessary, the parent and family engagement policies in section 6318; and
  6. Involve parents in the activities of the schools served under Title I, Part A, which may include establishing a parent advisory board comprised of a sufficient number and representative group of parents or family members served by the local educational agency to adequately represent the needs of the population served by such agency for the purposes of developing, revising, and reviewing the parent and family engagement policy.

20 U.S.C. 6318(a)(2)[See BQ(LOCAL)]

School Policy

Each school served under Title I, Part A shall jointly develop with, and distribute to, parents and family members of participating children a written parent and family engagement policy, agreed on by such parents, that shall describe the means for carrying out the requirements of 20 U.S.C. 6318(c)-(f). Parents shall be notified of the policy in an understandable and uniform format and, to the extent practicable, provided in a language the parents can understand. Such policy shall be made available to the local community and updated periodically to meet the changing needs of parents and the School.

ANNUAL REVIEW

TSBVI shall review annually the progress of Title I funding to determine whether the School is meeting or making adequate progress toward enabling its students to meet the state's student performance standards or individual performance standards.

The School may base its review on the progress of only those students that have been or are served by Title I.

The School may review its Title I assistance program on the progress of only those students that have been or are served under this subpart. In conducting its review, the School shall:

  1. Use the state assessments described in the state plan if appropriate and any additional measures or indicators described in the School's plan, or if state assessments are not conducted for all students, use other appropriate measures or indicators to review the school's progress and disaggregate the results.
  2. Seek to produce, in schoolwide programs, statistically sound results for each category through the use of oversampling or other means.
  3. Report disaggregated data to the public only when those data are statistically sound.

The School shall publicize and disseminate to teachers and other staff, parents, students, the

community, and administrators, including the principal(s), the results of the annual review.

34 CFR 200.5

STATE REVIEW  

TEA shall review annually the progress of TSBVI to determine whether the School is making adequate progress toward enabling its students to meet the state's student performance standards or individual performance standards. 34 CFR 200.6(a)

SCHOOLWIDE PROGRAM REQUIREMENTS        

The School may use Title I funds or services to upgrade the entire educational program in the School to support systemic reform. The School may not start a new schoolwide program until TEA provides written information to the School that TEA has established a statewide system of support and improvement.

ELIGIBILITY        

TSBVI may operate a schoolwide program if:

  1. The School determines that the school serves a participating attendance area or is a participating school under 20 U.S.C. 6313; and
  2. The percentages of children from low-income families in the attendance area or enrolled in the school is not less than 50 percent.

OTHER FEDERAL FUNDS

If the School combines Title I funds with funds from other federal programs administered by the Secretary of Education, except programs under the IDEA, it shall comply, as appropriate, with applicable legal requirements.

34 CFR 200.8(c)

COMPONENTS    

A schoolwide program must include all of the following:

  1. A comprehensive needs assessment as described in 34 CFR 200.8(d)(1).
  2. Schoolwide reform strategies that contain the elements described in 34 CFR 200.8(d)(2).
  3. Instruction by highly qualified staff.
  4. Professional development, in accordance with 20 U.S.C. 6320, for teachers, aides, and where appropriate, principals, pupil services personnel, other school staff, and parents, to enable all children in the school to meet the state student performance standards. The School shall devote sufficient resources to effectively carry out its responsibilities for professional development.
  5. Strategies to increase parental involvement, such as family literacy services.
  6. Strategies in an elementary school for assisting preschool children in the transition from early childhood programs, such as Head Start, Even Start, or a state-run preschool program.
  7. Strategies to involve teachers in decisions regarding the use of any additional, local, high-quality student assessments, under 20 U.S.C. 6312(b)(1), to provide information on and to improve the performance of individual students and the overall instructional program.
  8. Activities to ensure that students who experience difficulty mastering any of the standards required by 20 U.S.C. 6311(b) during the school year will be provided effective, timely additional assistance, which must include the elements listed at 34 CFR 200.8(d)(8).

PLAN     

At any time the School operates a school-wide program, the School shall develop a comprehensive plan for reforming the instructional program in the School. This plan shall be developed in consultation with the School’s support team or other technical assistance provider and in compliance with 34 CFR 200.8(e).

20 USC 6314; 34 CFR 200.8

PARENTAL INVOLVEMENT AND ANNUAL MEETINGS

The School’s Title 1 Program shall be planned and implemented with meaningful consultation with parents of participating children.  This consultation shall be organized, ongoing, and timely in relation to decisions about the program.  Each school served under Title 1 shall:

  1. Convene an annual meeting, to which all parents of participating students are invited, to inform parents of the school's participation in the Title I program and of the parents' right to be involved.
  2.  Offer a flexible number of meetings with parents, such as meetings in the morning or evening. Title I funds may be used to provide transportation, child care, or home visits, as such services relate to parental involvement.
  3. Involve parents in an organized, ongoing, and timely way in the planning, review, and improvement of Title I programs.
  4. Provide parents of participating children:
    1. Timely information about Title I programs;
    2. School performance profiles and their children's individual student assessment results, including interpretations of such results;
    3. A description and explanation of the curriculum in use at the school, the forms of assessment used to measure student progress, and the proficiency levels students are expected to meet;
    4. If the parents desire, opportunities for regular meetings to formulate suggestions, share experiences with other parents, and participate as appropriate in decisions relating to the education of their children; and
    5. Timely responses to parents' suggestions.

If the program plan is not satisfactory to the parents of participating children, the Superintendent shall submit any parent comments on the plan to the Board when the plan becomes available.

SCHOOL-PARENT COMPACT  

As a component of the school-level parental involvement policy, TSBVI shall develop with parents of all participating children a school-parent compact for each of the School’s targeted assistance programs that outlines how parents, the entire school staff, and students will share the responsibility for improved student achievement and the means by which the school and parents will build and develop a partnership to help children achieve the state's high standards. This compact shall:

  1. Describe TSBVI's responsibility to provide high-quality curriculum and instruction in a supportive and effective learning environment and the ways in which each parent will be responsible for supporting his or her child's learning.
  2. Address the importance of communication between teachers and parents on an ongoing basis through:
    1. Parent-teacher conferences in elementary schools, at least annually, during which the compact shall be discussed as it relates to the individual student's achievement;
    2. Frequent reports to parents on their children's progress; and
    3. Reasonable access to staff and opportunities to volunteer, participate, and observe in their children's classes.

BUILDING INVOLVEMENT      

To ensure effective involvement of parents and to support a partnership among TSBVI, parents, and the community to improve student achievement, the School shall:

  1. Provide assistance to participating parents in such areas as understanding national education goals, state standards, and monitoring a child's progress;
  2. Provide materials and training, such as coordinating necessary literacy training and training to help parents work with their children;
  3. Educate teachers, student services personnel, principals, and other staff, with the assistance of parents, in how to reach out and work with parents as equal partners and build ties between home and school;
  4. Coordinate and integrate parent involvement programs and activities with Head Start and other programs;
  5. Develop appropriate roles for community-based organizations and businesses in parent involvement activities, and encourage the formation of partnerships between the School and local businesses that include a role for parents;
  6. As appropriate and feasible, conduct other activities that are designed to help parents become full partners in the education of their children, such as providing parent resource centers and opportunities to learn about child development;
  7. Ensure, to the extent possible, that information related to school and parent programs, meetings, and other activities is sent to the homes of participating children in the language used in such homes; and
  8. Provide other reasonable support for parental involvement activities as parents may request.

In addition to these requirements, the School may:

  1. Involve parents in the development of training for teachers, principals, and other educators to improve the effectiveness of such training in improving instruction and services;
  2. Provide necessary literacy training from Title I funds if the School has exhausted all other reasonable available sources of funding for such activities;
  3. Pay reasonable and necessary expenses associated with local parental involvement activities;
  4. Train and support parents to enhance the involvement of other parents;
  5. Arrange meetings at a variety of times to maximize the opportunities for parental participation;
  6. Arrange for teachers or other educators to conduct in-home conferences with parents of participating children who are unable to attend such conferences at school; and
  7. Adopt and implement model approaches to improving parental involvement.

20 U.S.C. Sec. 6319

HOMELESS CHILDREN     

As a condition of receiving funds under the McKinney-Vento Homeless Assistance Act, TSBVI shall serve homeless children according to their best interests. McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11432(g)(3) [See FD, FDC, and FFC]

Adopted:         1/24/02

Amended: 11/15/18

Reviewed:      

STATE POLICY

It is the policy of the state that every student who has a home language other than English and who is identified as an English language learner shall be provided a full opportunity to participate in a bilingual education or English as a second language (ESL) program.

DEFINITIONS

“Student of limited English proficiency (LEP)” means a student whose primary language is other than English and whose English language skills are such that the student has difficulty performing ordinary classwork in English.

“English language learner” is a person who is in the process of acquiring English and has another language as the first native language.

The terms English language learners and LEP student are used interchangeably.

“Parent” includes a legal guardian of a student.

SCHOOL RESPONSIBILITY

The School shall:

  1. Identify English language learners not previously identified by their local school of residence, based on criteria established by the state;
  2. Provide ESL programs as integral parts of the regular program;
  3. Seek certified teaching personnel to ensure that  English language learners are afforded full opportunity to master the essential knowledge and skills; and
  4. Assess achievement for essential knowledge and skills in accordance with Education Code Chapter 39 to ensure accountability for English language learners and the schools that serve them.

Education Code 29.052; 19 TAC 89.1201(a), .1203

IDENTIFICATION OF LEP STUDENTS

Within the first four weeks of the first day of school, the language proficiency assessment committee (LPAC) shall determine the number of LEP students and shall classify each student according to the language in which the student possesses primary proficiency.  The information gathered by the LPAC shall be provided to the Board before November 1 each year.  The board shall ensure that this information is provided to TEA before November 1 each year.  Education Code 29.053(b)

Language Proficiency Assessment Committees (LPAC)

TSBVI shall, by Board policy, establish a language proficiency assessment committee (LPAC).  The LPAC shall be established and operated to enable it to discharge its duties within 20 school days of the enrollment of LEP students.  The School shall have on file policy and procedures for the selection, appointment, and training of members of the LPAC.

Membership of LPAC

  1. The LPAC shall include one or more professional personnel, a TSBVI educational program administrator, and the students’ primary teachers or advisors who are members of the ARD committee.
  2. The School may add other members to the committee in any of the required categories.  If the School does not have an individual in one or more of the job classifications required,  the Principal shall designate another professional staff member to serve on the LPAC.

The Principal may appoint a parent of a LEP student to the LPAC.  No parent serving on the LPAC shall be a TSBVI employee.

All members of the LPAC, including parents, shall be acting for the School and shall observe all laws and rules governing confidentiality of information concerning individual students.  TSBVI shall be responsible for the orientation and training of all members, including the parents, of the LPAC.

Education Code 29.063(a), (b); 19 TAC 89.1220(a)–(f)

Duties

The LPAC shall have the duties set forth at Education Code 29.063(c) and 19 Administrative Code 89.1220(g)–(i), (k).

HOME LANGUAGE SURVEY

Within four weeks of each student’s initial enrollment in their local school districts of residence, the students’  local school districts  shall conduct a home language survey to determine the language normally used in the home and the language normally used by the student. 

LEP CLASSIFICATION

The LPAC may classify a student as LEP if:

  1. The student’s ability in English is so limited or the student’s disabilities are so severe that assessment procedures cannot be administered.
    1. The student’s score or relative degree of achievement on the TEA-approved English proficiency test is below the levels established by TEA as indicative of reasonable proficiency;
    2. The student’s primary language proficiency score as measured by a TEA-approved test is greater than the student’s proficiency in English; or
  2. The LPAC determines, based on other information, including a teacher evaluation, parental viewpoint, or student interview, that the student’s primary language proficiency is greater than the student’s proficiency in English or that the student is not reasonably proficient in English.

Education Code 29.056(c)

PARENTAL NOTICE AND CONSENT

Within ten days of the LPAC’s classification of a student as LEP, the LPAC shall give written notice to the student’s parent.  The notice must be in English and in the parent’s primary language.  The notice shall inform the parents of the benefits of the program for which the student is recommended and that it is an integral part of the school program.

The entry or placement of a student in the bilingual education or ESL program must be approved in writing by the student’s parent.

Pending parent approval, TSBVI shall place the student in the recommended program, but may count only those students with parent approval for bilingual education allotment.

The School may identify, exit, or place a student in a program without written approval of the student’s parent or guardian if:

  1. The student is 18 years of age or has had the disabilities of minority removed;
  2. Reasonable attempts to inform and obtain permission from a parent or guardian have been made and documented;
  3. Approval is obtained from:
    1. An adult whom the School recognizes as standing in parental relation to the student, including a foster parent or employee of a state or local governmental agency with temporary possession or control of the student; or
    2. The student, if no parent, guardian, or other responsible adult is available; or
  4. A parent or guardian has not objected in writing to the proposed entry, exit, or placement.

Education Code 29.056(a), (d); 19 TAC 89.1220(j), (m), .1240(a)

Participation of Non-LEP Students

With the approval of TSBVI and a student’s parents, a student who is not LEP may also participate in the School’s ESL  program.  The number of participating students who are not LEP may not exceed 40percent of the number of students enrolled in the program.  Education Code 29.058; 19 TAC 89.1233

ESL PROGRAMS

Program Content

An ESL program shall be an intensive program of instruction in English from teachers trained in recognizing and dealing with language differences.  Instruction in ESL shall be commensurate with the student’s level of English proficiency and his or her level of academic achievement.

The School shall provide for ongoing coordination between the ESL program and the regular educational program.  The ESL program shall address the affective, linguistic, and cognitive needs of English language learners as described at 19 Administrative Code 89.1210(f).

The ESL programs shall be an integral part of the regular educational program required under 19 Administrative Code Chapter 74 (Curriculum Requirements).

The ESL program shall be designed to consider the students’ learning experiences and shall incorporate the cultural aspects of the students’ backgrounds.

The School shall modify the instruction, pacing, and materials of ESL programs to ensure that English language learners have a full opportunity to master the essential knowledge and skills of the required curriculum. 

Students enrolled in the ESL program shall be placed in classes with other students of approximately the same age and level of educational attainment.  The School shall ensure that each student’s instruction is appropriate to the student’s level of educational attainment, and the School shall keep adequate records of the educational level and progress of each student enrolled in the program.

LEP students shall participate fully with English-speaking students in regular classes provided in subjects such as art, music, and physical education.  TSBVI shall provide students enrolled in the ESL program a meaningful opportunity to participate fully with other students in all extracurricular activities. 

Education Code 29.055, .057(b); 19 TAC 89.1210(a)

ESL Program Models

The ESL program shall be implemented with consideration for each English language learners unique readiness level through one of the following program models:

  1. ESL/content-based program model; or
  2. ESL/pull-out program model.

19 TAC 89.1210(g)

PERSONNEL

Teachers assigned to ESL programs must be appropriately certified.  Education Code 29.061(b), (c)

If the School is unable to hire a sufficient number of teachers with ESL certificates, it may file an application for exception with TEA, in accordance with 19 Administrative Code 89.1207.  Education Code 29.054; 19 TAC 89.1207

LEP STUDENTS AND STATE ASSESSMENTS

In kindergarten-grade 12, a LEP student shall participate in the assessment of academic skills in accordance with Commissioner’s rules at 19 Administrative Code Chapter 101, Subchapter AA.  19 TAC 101.5(c) [See EKBA]

PROGRAM EXIT

To determine when a student exits from the School’s ESL program, the School shall use the exit criteria and procedures published by the TEA.

Exit for Students Receiving Special Education Services

The exit criteria under TAC §89.1225(h) apply to the vast majority of English Language Learners (ELLs) who receive special education services. In rare cases, an ELL receiving special education services may qualify to be exited using criteria permitted under TAC §89.1225(k), which give special consideration to an ELL for whom assessments and/or standards under TAC §89.1225(h) are not appropriate because of the nature of a student’s particular disabling condition. Students considered for special exit criteria under TAC §89.1225(k) should only be only those designated to take STAAR Alternate 2, as determined by the ARD committee in conjunction with the LPAC.  The School shall follow the program exit procedures promulgated by the TEA when considering whether a student qualifies to exit using the criteria authorized by TAC §89.1225(k).

Notice To Parents

TSBVI shall notify parents of a student’s reclassification as English proficient and his or her exit from the bilingual or ESL program.  19 TAC 89.1240(b)

Post-Exit Monitoring

The LPAC shall reevaluate a student who is transferred out of a bilingual education or special language program if the student earns a failing grade in a subject in the foundation curriculum during any grading period in the first two school years after the student is transferred to determine whether the student should be reenrolled in a bilingual education or special language program.

During the first two school years after a student is transferred out of a bilingual education or special language program, the LPAC shall review the student’s performance and consider:

  1. The total amount of time the student was enrolled in bilingual education or special language programs;
  2. The student’s grades each grading period in each subject in the foundation curriculum;
  3. The student’s performance on state assessment instruments;
  4. The number of credits the student has earned toward high school graduation, if applicable; and
  5. Any disciplinary actions taken against the student under Education Code Chapter 37, Subchapter A.

After the evaluation, the LPAC may require intensive instruction for the student or reenroll the student in a bilingual education or special language program.

Education Code 29.0561

PEIMS REPORTING REQUIREMENTS

TSBVI shall include the following information in the School’s Public Education Information Management System (PEIMS) report:

  1. Demographic information on students enrolled in TSBVI special language programs;
  2. The number and percentage of students enrolled in each instructional model of a special language program offered by the School; and
  3. The number and percentage of students identified as LEP students who do not receive specialized instruction.

Education Code 29.066 (a)

Adopted:         3/12/82
Amended:       3/12/82, 7/12/85, 5/30/91, 11/15/96, 1/24/97, 1/24/02, 1/25/13, 9/20/13, 9/25/15
Reviewed: