MIDLAND INDEPENDENT SCHOOL DISTRICT
Operating Guidelines for Special Education
2012-2013
Dr. Ryder Warren
Superintendent
Patrick Jones
Chief Academic Officer
Nancy Isaacs
Executive Director of Special Education
615 W Missouri
Midland, TX 79701
432-689-1000
TABLE OF CONTENTS
CHILD FIND
AGES 0-5
PRIVATE SCHOOLS
FULL AND INDIVIDUAL EVALUATION
DESIGNATION OF SURROGATE PARENT
EVALUATION PROCEDURES
REVIEW OF EXISTING EVALUATION DATA (REED)
INDEPENDENT EDUCATIONAL EVALUATION CRITERIA
AUDITORY IMPAIRMENT
AUTISM
DEAF-BLINDNESS
EMOTIONAL DISTURBANCE
INTELLECTUAL DISABILITY
MULTIPLE DISABILITIES
NONCATEGORICAL EARLY CHILDHOOD
ORTHOPEDIC IMPAIRMENT
OTHER HEALTH IMPAIRED
SPECIFIC LEARNING DISABILITY
SPEECH OR LANGUAGE IMPAIRMENT
TRAUMATIC BRAIN INJURY (TBI)
VISUAL IMPAIRMENT (INCLUDING BLINDNESS)
PRESENT LEVELS OF ACADEMIC ACHIEVEMENT (PLAAFP)
SPECIAL EDUCATION/BILINGUAL (ELL) PROCEDURES
ADMISSION, REVIEW, AND DISMISSAL (ARD) COMMITTEE
ARD COMMITTEE MEMBERSHIP
PARENT PARTICIPATION
ARD COMMITTEE RESPONSIBILITIES
DETERMINATION OF ELIGIBILITY
TRANSITION SERVICES
PRESENT LEVELS
ANNUAL GOALS
SPECIAL FACTORS
LEAST RESTRICTIVE ENVIRONMENT (LRE)
STATE AND DISTRICWIDE ASSESSMENTS
EXTENDED SCHOOL YEAR (ESY) SERVICES
REACHING CLOSURE AND CONSENSUS
PARENTAL DISAGREEMENT
PARENT REVOCATION OF CONSENT
INDIVIDUAL EDUCATION PLAN
ADMENDMENT WITHOUT A MEETING
TRANSITION PLANNING
RELATED SERVICES
ASSISTIVE TECHNOLOGY
INSTRUCTIONAL ARRANGEMENTS/SETTINGS
AJUDICATED OR INCARCERATED YOUTH
GRADUATION
TABLE OF CONTENTS
DISCIPLINE
CHANGE OF PLACEMENT
MANIFESTATION DETERMINATION
WHEN BEHAVIOR IS A MANIFESTATION
SERVICES DURING PERIODS OF REMOVAL
APPEALS PROCESS
SPECIAL CIRCUMSTANCES
RECORDS
CONFIDENTIALITY OF INFORMATION
SPECIAL EDUCATION ELIGIBILITY FOLDER
RECORD OF ACCESS
ANNUAL NOTIFICATION
PARENT OR ELIGIBLE STUDENT ACCESS TO EDUCATION RECORDS
PROCEDURES FOR AMENDING EDUCATION RECORDS
APPENDIX
Child Find
CHILD FIND
Referral Process, 19 TAC §89.1011:
•
Prior to referral, students experiencing difficulty in the general education classroom should be considered
for those support services available to all students, such as tutorial, remedial, compensatory programs and
other services.
•
Referral for full and individual initial evaluation may be initiated by school personnel, the student's parents
or legal guardian, or another person involved in the education or care of the student.
A. For students of school age (five years old on or before the 1 st of September) referral is initiated in the
home school.
B. For students younger than five by September 1, referral is initiated by contacting the MISD Child Find program
in the Special Education Department @ 689-1021.
Special Education Participation:
•
Special education personnel may participate in, but not be assigned primary responsibility for the
Response to Intervention (RtI) Student Teacher Assistance Team (STAT).
Additional Procedures:
•
For students previously served by special education and dismissed, who are again experiencing
difficulty with their learning, should be reviewed by the RtI STAT Team .
•
Students from private schools/ home schools who are experiencing difficulty in their
learning should be referred for evaluation to the Special Education Department by the private school
administrator or by the parent (home schooled). IDEA 2004 requires the district to identify students who
attend a private school located within the district’s boundaries rather than those students who simply
reside in the district. To the maximum extent possible, the district should use referral information from the
private school's records.
HELP US FIND A CHILD
The Midland Independent School District conducts a Child
Find Service. This service is designed to locate special needs
students who are not in school or who, if in school, are not
receiving special education services. These students range
in age from birth through 21 years of age and are
determined to be orthopedically impaired, other health
impaired, mentally retarded, learning disabled, emotionally
disturbed, speech impaired, multiply disabled, autistic,
visually impaired, deaf-blind or auditorally impaired or have
traumatic brain injury.
If you know of any children who fit these criteria and
you wish to refer them for special services or obtain
additional information, call Nancy Isaacs.
432-689-1021
Ayúdenos a Encontrar a un Niño
El Distrito Escolar de Midland conduce los Servicios de
Revisión de Niños. Este servicio de revisión de niños es
diseñado para localizar a estudiantes con necesidades
especiales que no atienden la escuela o si están en la escuela
no reciben los servicios de asistencia del departamento de
educación especial. Estos estudiantes pueden ser de la edad
de nacimiento hasta los 21 anos de edad y se ha determinado
que tienen problemas de aprendizaje, retraso mental,
problemas emocionales, problemas de audición, problemas de
visión y problemas del habla.
Servicio de Revisión Gratuito de Niños
Si usted sabe de algún niño que encaja estos criterios
y desea referirlos para servicios especiales o desea obtener
información adicional, por favor llamar a la Nancy Isaacs.
432-689-1021
Private School Students
34 C.F.R. 300.130
• The term “parentally-placed private school children with disabilities” means children with disabilities enrolled by
their parents in private, including religious, schools or facilities.
T.A.C. 89.1096(a)(1)
• The term “private school” is defined as a private elementary or secondary school, including pre-school, religious
school, and institutional day or residential school that:
• Is a nonprofit entity;
• Provides elementary or secondary education that incorporates an adopted curriculum designed to meet basic
educational goals, including scope and sequence of courses, and formal review and documentation of children’s
progress;
T.A.C. 89.1096(a)(2)
In order to be considered a private school, a home school must provide elementary or secondary education that
incorporates an adopted curriculum designed to meet basic educational goals, including scope and sequence of
courses, and formal review and documentation of children’s progress, but is not required to be a nonprofit
entity.
CONSIDERATIONS:
T.A.C. 89.1096(a)
No parentally-placed private school child with a disability has an individual right to receive some or all of
the special education and related services that the child would receive if enrolled in a public school.
T.A.C. 89.1096(b)
When a child with a disability placed directly by parents in a private school is referred to the school district,
MISD will convene an admission, review, and dismissal committee (ARDC) to determine whether MISD can
offer the child a free appropriate public education (FAPE).
MISD is not responsible for providing educational services offered by the ARDC for the child to receive
FAPE until such time as the child’s parents choose to enroll the child in public school full time.
CHILD FIND IN PRIVATE SCHOOLS:
34 C.F.R. 300.131(a)
MISD will, through a variety of ways, locate, identify, and evaluate all children with disabilities who are
currently enrolled by their parents in private, including religious, elementary schools and secondary schools
located within Midland County.
34 C.F.R. 300.132(c)
MISD will maintain in its records and will provide to the Texas Education Agency (TEA) the number of
children evaluated under this framework and the number of children determined to be children with
disabilities under this framework.
Note: MISD will, on an annual basis, engage in timely and meaningful consultation with
representatives of private schools and with parents about the provision of special education and related
services for parentally placed private school students attending private schools within the district’s
jurisdiction.
Full and Individual
Evaluation
FULL AND INDIVIDUAL EVALUATION
Purpose:
• To determine the presence or absence of a physical, mental, or emotional disability;
•
To determine the presence or absence of academic, developmental and/or behavioral deficits
resulting from a disability that adversely affect educational performance and require specially
designed instruction; and
•
To determine present competencies used in the development of appropriate programming in
academic, developmental and behavioral areas.
Designation of Surrogate Parent 34 CFR §300.519(a)(1-4):
•
A surrogate parent is required for a minor student when no parent can be identified, after
reasonable efforts the whereabouts of the parent cannot be discovered, or the student is a ward of
the State.
•
Complete “Determination of Need for Surrogate Parent and Appointment of Foster Parent/Surrogate” form
to (See Appendix):
A. Determination the need for a Surrogate Parent;
Note: A foster parent is permitted to serve as a surrogate parent. In lieu of being
named a surrogate parent, a foster parent may receive training and fulfill the role
of the parent. Training documentation must be kept at Central Office.
B. Determine that no potential conflict of interest exists;
C.
•
Assign Surrogate Parent and verify training or need for training.
Send completed for to RF designated assessment personnel.
Evaluation Procedures, 34 CFR §300.304:
•
The District must provide notice to the parents of a child with a disability that describes any evaluation procedures the
District proposes to conduct;
•
Assessments and other evaluation materials must be provided and administered in the language
and form most likely to yield accurate information on what the child knows and can do
academically, developmentally, and functionally unless it is not feasible to do so;
•
Tests and other evaluation materials are to be administered by trained professionals in
conformance with instructions provided by their producers;
•
Tests and other evaluation materials will be selected and administered so as not to be culturally or
racially discriminatory;
•
Designated professionals select and administer tests as to best ensure the accurate measurement
of those factors which the test purports to assess;
•
Evaluation is to be made by a multi-disciplinary team or group of persons, including at least one
teacher or other specialist with knowledge in the area of suspected disability.
Additional Requirements, 34 CFR §300.305:
•
A Review of Existing Evaluation Data (REED), may be used as part of an initial evaluation (if
appropriate) including information from parents, and determination of any additional required evaluation
data will precede any formal evaluation used to determine a disability and to consider related services;
•
Unless otherwise determined in the evaluation plan, all evaluation data utilized for determining a
disability is to have been completed within the last twelve months.
•
The written evaluation report must be completed within 60 calendar days (includes holidays and summer
vacation) from the date written consent is received from the parent (Consent for Full and Individual
Evaluation), 34 CFR §300.301(c)(1)(i), TEC §29.004(a).
•
Within 30 calendar days from the date of the completion of the written evaluation report, the ARD
committee must act upon the evaluation, 34 CFR §300.323(c)(1). If the 30th day falls during the summer,
the ARD committee shall have until the first day of classes in the fall to finalize decisions concerning the
IEP and placement, TEC §89.1050(d).
Procedural Safeguards for Initial Evaluation:
•
Parent/adult student shall have an opportunity to provide information and participate in the Review of
Existing Evaluation Data (REED) prior to evaluation.
•
Provide parent/adult student a copy of the Notice of Procedural Safeguards: Rights of Parents of
Students with Disabilities following a referral to special education for a Full and Individual Initial
Evaluation and document the provision and explanation on the Receipt for Explanation of Procedural
Safeguards.
•
Provide Notice and Consent for Report of Full and Individual Evaluation to the parent/adult student at least
five days prior to beginning any formal evaluation to determine eligibility and need and/or consider related
services, unless the parent agrees to a shorter period in writing, 34 CFR §300.300(a).
•
Provide parent/adult student a single copy of A Guide to the Admission, Review and Dismissal Process
and document the distribution on the Receipt for Explanation of Procedural Safeguards.
•
Parent/adult student may revoke/refuse consent for evaluation at any time prior to the completion of the
written evaluation report, 34 CFR §300.9(c)(1).
•
Provide parent/adult student a copy of the Report of Full and Individual Evaluation and/or appropriate
disability reports each time evaluation is reported.
•
Provide to surrogate parent appropriate information about the "child-centered educational process" and
document on the “Determination of Need For Surrogate Parent” form. (Appendix)
•
Rights held by the parent under the Individuals with Disabilities Education Act (IDEA) transfer to the
“adult student” when he/she reaches 18 years of age, the “age of majority” in Texas, TEC §29.017.
Reevaluation:
•
A Review of Existing Evaluation Data (REED), including information from parents, and determi nation of
any additional required evaluation data will precede any formal evaluation used to determine a disability
and consider related services, 34 CFR §300.305(a).
•
If the ARDC determines no additional formal evaluation data is required to maintain a disability, the date
of the completed REED will serve as the new Full and Individual Evaluation date.
•
Reevaluation is conducted at least once every three years or when requested by the student’s
parent/teacher or when considering graduation through special education (SOP), or when conditions warrant, 34
CFR §300.303(a-b).
•
Professionals responsible for collection of data and/or test administration in each area are to make
professional judgments regarding the degree to which the assessment in each area is necessary and record
results in the Report of Full and Individual Evaluation and any appropriate disability reports. If a printed
summary of scores is available, this should be noted in the Report of Full and Individual Evaluation and
the summary attached.
Procedural Safeguards for Reevaluation:
•
Although an ARD committee meeting is not required, parent/adult student shall have an opportunity to
provide information and participate in decisions about the scope of evaluation prior to testing.
•
A copy of the Notice of Procedural Safeguards: Rights of Parents of Students with Disabilities is
provided to the parent/adult student each time the district determines additional evaluation is required.
•
Provide Notice and Consent for a Report of Full and Individual Evaluation to the parent and adult student
at least five days prior to beginning any formal evaluation to determine a disability and/or consider related
services, 34 CFR §300.300(c).
Note: Reevaluation may proceed without parental consent if reasonable efforts to obtain consent
have been made and the parent has failed to respond. The period of time between the provision of
Notice and the assessment may be less than 5 days if the parent agrees in writing.
•
Parent/adult student may revoke/refuse consent for evaluation at any time prior to the completion of the
written evaluation report.
•
Provide parent/adult student a copy of the Report of Full and Individual Evaluation and/or appropriate
disability reports each time evaluation is reported;
•
Provide to surrogate parent appropriate information about the "child-centered educational process" and
document on the “Determination of Need for Surrogate Parent “form.
•
Rights held by the parent under the Individuals with Disabilities Education Act (IDEA) transfer to the
“adult student” when the he/she reaches 18 years of age, the “age of majority” in Texas, TEC §29.017.
•
Visually impaired or deaf/blind: Certified professional in the appropriate area may be assigned to assist in
the assessment process (to determine appropriate areas, to suggest evaluation techniques, to administer
tests, or to interpret data).
•
Private school students referred for a full and individual evaluation are to be assessed observing regular
evaluation procedures.
EVALUATION FACTORS
Native Language:
•
Prior to administration of any evaluation, the native language should be determined for any student who is
age 5 or older as of September 1 of the current school year. Evaluation and other assessment materials
must be provided and administered in the language and form most likely to yield accurate information on
what the child knows and can do academically, developmentally, and functionally, unless it is not feasible
to do so, 34 CFR §300.29; TEC §29.056(a)(1) .
•
If the child normally uses a language other than his/her native language, or uses some other mode of
communication, such as sign language, evaluation should be administered in that language or mode of
communication.
Determination of Assessment Language Administration (See Appendix):
A. Home Language Survey;
B. Parent data and/or parent interview: and/or
C. Formal assessment of academic language proficiency.
Language (Communicative Status):
•
Evaluation may include:
A. If a communication disorder is suspected, evaluation in one or more of the areas identified in the
specific disability criteria of speech impairment shall be administered by a speech- language
pathologist.
B. For students with limited communication ability due to impaired sensory, manual, or speaking skills,
the method of communication that the student best understands and uses, and the basis for that
determination should be stated. All further assessment is to be administered in the student's mode of
communication, unless it is clearly not feasible to do so.
C. For students who have an auditory impairment, a communication evaluation report will include
speech, speech reading, auditory discrimination, and if applicable, expressive and receptive sign
language skills.
D. Designated building professionals may utilize referral data and observations of the student’s
language.
Note: If the student’s deficits in academic performance are determined to be primarily caused by
his/her English language proficiency, the student cannot be considered a student with a disability.
Physical (Health, Vision, Hearing and Motor Skills):
•
Evaluation may include:
A. Observation of fine and gross motor abilities;
B. Health data collected during the referral process;
C. Medical reports, when required,
1. may be provided by the parent, or
2. may be obtained through a signed Consent for Release of Confidential Information (See
Appendix)
D. Health Screening; including,
1. vision screening by the appropriate personnel, and
2. hearing screening by the appropriate personnel
E. Other professional reports, when required,
1. may be provided by the parent, or
2. may be obtained through a signed Consent for Release of Confidential Information (i.e.
audiological evaluations, otological report, and/or medical eye exam report).
Emotional (Social and Emotional Status):
•
Evaluation may include:
A. Observations by professional staff using administrator/teacher/counselor information, behavioral
checklists, referral data including Parent Information and Teacher Data, student interviews, data
supplied by appropriate outside agencies, or information gathered annually;
B. Evaluations from sources other than MISD must be reviewed in collaboration with the Licensed
Specialist in School Psychology (LSSP) or Diagnostician serving on the multi-disciplinary team
to document the presence of essential components necessary to establish a disability.
Sociological Factors:
These factors consist of identifying the family and community dynamics influencing learning and behavior patterns.
Evaluation is informal in nature and utilizes information gathered during the referral process such as Parent
Information. If the only deficiencies noted in the evaluation are directly attributed to Exclusionary Factors
(culture, lifestyle or lack of educational opportunities) the student is not eligible for special education, 34 CFR
§300.306(b).
Intellectual and Adaptive Behavior (General Intelligence):
•
Evaluation may include:
A. Intelligence:
Formal evaluation is required when a specific learning disability or mental retardation is suspected and
shall be administered by a LSSP and/or an Educational Diagnostician.
Intelligence may be assessed informally for all disabling conditions except mental retardation and
specific learning disability, using scores from group administered evaluation and/or observation.
B. Adaptive Behavior:
•
An adaptive behavior scale shall be administered by LSSP or Educational Diagnostician.
•
Developmental scales may be needed when there is no other appropriate standardized measure
available, (e.g., with very young children or students with a severe/profound disability). When
a developmental scale is used, there must be documentation that no other instrument was
appropriate and the rationale for selection of the specific scale must be given.
Academic Performance:
•
Evaluation may include:
A. Informal Evaluation: Designated building professionals may utilize information provided by parents,
teachers and counselors, results of group assessment and/or grades.
B. Formal Evaluation: Academic performance measures shall be administered by a LSSP or
Educational Diagnostician. Observation of the student's academic performance in the regular
classroom setting shall be made by at least one member of the multi-disciplinary team other than the
student's regular teacher.
Assistive Technology:

The multi-disciplinary team must determine if a need exists for assistive technology in order for the
student to access his/her educational environment.
INDEPENDENT EDUCATIONAL EVALUATION CRITERIA - (34CFR §300.502)
Independent Educational Evaluation (“IEE”) means an evaluation conducted by a qualified examiner not employed
by the district that is responsible for the education of the student in question. If a parent disagrees with an
evaluation conducted by Midland Independent School District (“MISD”), the parent may ask MISD to provide an
IEE at District expense. A parent is entitled to only one IEE at District expense, each time the District conducts an
evaluation with which the parent disagrees.

If a parent asks MISD to provide an IEE at District expense, then without unnecessary delay, MISD
must do one of the following:
A. Ensure the IEE is provided at public expense (unless the District demonstrates in a hearing that the
evaluation obtained by the parent did not meet District criteria);
or
B.
The MISD may choose to initiate a due process complaint to show that the District’s evaluation is
appropriate. If the District files a due process complaint and the final decision is that the District’s
evaluation is appropriate, the parent still has the right to an IEE but not at public expense.

If the parent obtains an IEE at public expense or shares with the District an evaluation obtained at private
expense, the results of the evaluation must be considered by the District, if it meets District criteria, in any
decision made with respect to the provision of a free appropriate public education to the child; and may be
presented by any party as evidence at a hearing on a due process compliant regarding the student. Such
consideration does not make the District liable for reimbursement or payment for the IEE.

If a hearing officer requests an IEE as part of a hearing on a due process complaint, the cost of the IEE
must be at public expense. Public expense means that MISD either pays for the full cost of the IEE or
ensures that the evaluation is otherwise provided at no cost to the parent.

The criteria, under which the evaluation is obtained, including the location of the evaluation and the
qualifications of the evaluator, must be the same as the criteria that the District uses when it initiates an
evaluation, to the extent those criteria are consistent with the parent’s right to an IEE.
Disability Categories (Definitions and Specific Disability Criteria)
Identification Procedures:
 To be identified as a "child with a disability," a student must meet the criteria established in federal
regulations and/or Commissioner's Rules Concerning Special Education Services AND, as a result of the
impairment, need specially designed instruction and related services, 34 CFR §300.8(a)(1).

If a student is identified as a “child with a disability”, but only needs a related service and not special
education, the student cannot be considered as a “child with a disability”, 34 CFR §300.8(a)(2).
If consistent with 34 CFR §30059(a)(2) the related service is considered special education service rather
than a related service under state standards the child would be determined to be with a disability under
paragraph (a)(1) of 34 CFR 300.8.

The determination of whether a student is eligible for special education and related services is made by the
admission, review and dismissal (ARD) committee based on recommendations from a multi-disciplinary
evaluation team report, 19 TAC §89.1040(b); 34 CFR §300.306(b)(1)(i-iii).

A multi-disciplinary team collects and reviews evaluation data in connection with the determination of a
student's disability and must include, but is not limited to, the following, 19 TAC §89.1040(b)(1-2):

o
a LSSP, an Educational Diagnostician, or other appropriately certified or licensed practitioner
with experience and training in the area of the disability; or
o
a licensed or certified professional for a specific disability category, defined in the
eligibility criteria.
When more than one disability is identified, the multi-disciplinary team will determine what it believes to
be the primary, secondary and, when appropriate, the tertiary disability in the Full and Individual
Evaluation Report.
Disability Codes Summary:
01
02
03
04
05
06
07
08
09
10
13
14
MD
OI
OHI
AI
VI
DB
ID
ED
SLD
SI
AU
TBI
NCEC
MD
Orthopedic Impairment
Other Health Impaired
Auditory Impairment
Visual Impairment
Deaf-Blindness
Intellectual Disability
Emotional Disturbance
Specific Learning Disability
Speech Impairment
Autism
Traumatic Brain Injury
Non-Categorical Early Childhood
Multiple Disabilities
01 - Orthopedic Impairment (OI):
34 CFR §300.8(c)(8); 19 TAC §89.1040(c)(7)

Definition:
A student with an orthopedic impairment is one who has been determined by a multi-disciplinary team to
have a severe orthopedic impairment that adversely affects a child's educational performance.

Specific Disability Criteria:
The term includes impairments caused by congenital anomaly (e.g. clubfoot dismemberment, etc),
impairments caused by disease (e.g. poliomyelitis, bone tuberculosis, etc), and impairments from other
causes (e.g. cerebral palsy, amputations, and fractures or burns which cause contractures.) The evaluation
data reviewed by the multi-disciplinary team must include a report by a licensed physician (Physician’s
Information Report) which identifies an orthopedic impairment and indicates the severity.
02 - Other Health Impairment (OHI):
34 CFR §300.8(c)(9); 19 TAC §89.1040(c)(8)

Definition:
A student with an Other Health Impairment is one who has been determined by a multi-disciplinary team
to have limited strength, vitality, or alertness, including heightened alertness to environmental stimulus
that results in limited alertness with respect to the educational environment.

Specific Disability Criteria:
The term includes impairments due to chronic or acute health problems such as asthma, attention deficit
disorder, or attention deficit hyperactivity disorder, diabetes. Epilepsy, a heart condition, hemophilia, lead
poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette Syndrome which
adversely affects his/her educational performance. The evaluation data reviewed by the multi-disciplinary
team must include a report by a licensed physician (Physician’s Information Report) which identifies a
chronic or acute health problem which limits strength, vitality or alertness and indicates the severity.
03 - Auditory Impairment (AI):
34 CFR §300.8(c)(3); 34 CFR §300.8(c)(5); TAC §89.1040(c)(3):

Definition:
An Auditory Impairment means a hearing impairment that is so severe that the student is impaired in
processing linguistic information through hearing, with or without amplification, that adversely affects a
child’s educational performance (deafness), or a hearing impairment, whether permanent or fluctuating,
that adversely affects the student’s educational performance, but is not included in the federal regulations
definition of deafness (hearing impairment).

Specific Disability Criteria:
A student with an auditory impairment is one who has been determined by a multi-disciplinary team, which
must include an AI certified teacher, to have met the criteria for deafness (34 CFR §300.8(c) (3), or the
criteria for hearing impairment (34 CFR §300.8(c) (5).
The evaluation data reviewed by the multi-disciplinary team must include:
•
•
•
an otological evaluation performed by an otologist (or licensed medical doctor when
documentation is provided showing that an otologist is not reasonably available);
an audiological evaluation performed by a licensed audiologist; and
a description of the implications of the hearing loss for the student’s hearing in a variety of
circumstances with and without recommended amplification.
Note: Any student in MISD that meets eligibility criteria for Regional Day School Program for the Deaf (RDSPD),
will attend RDSPD in Ector County Independent School District.
04 - Visual Impairment (VI):
34 CFR §300.8(c)(13); 19 TAC §89.1040(c)(12)

Definition:
A student with a visual impairment is one who has been determined by a multi-disciplinary team,
which includes a certified teacher of the visually impaired, to have an impairment in vision.

Specific Disability Criteria:
The evaluation data reviewed by the multi-disciplinary team must include:
•
A report by a licensed ophthalmologist or optometrist finding the student:
o To have no vision, or to have a serious visual loss after correction; or
o To have a progressive medical condition that will result in no vision or serious visual loss
after correction.
o The visual loss should be stated in exact measures of visual field and corrected visual
acuity at a distance and at close range in each eye.
o The report should also include prognosis whenever possible.
o If exact measures cannot be obtained, the eye specialist must so state and provide best
estimates.
•
A functional visual evaluation and learning media assessment which documents a need for special
services:
o A functional visual evaluation by a professional certified in the education of students
with visual impairments or a certified orientation and mobility instructor. The evaluation
must include the performance of tasks in a variety of environments requiring the use of
both near and distance vision and recommendations concerning the need for a clinical
low vision evaluation and an orientation and mobility evaluation.
o A learning media assessment by a professional certified in the education of students with
visual impairments. The assessment must include recommendations concerning which
specific visual, tactile, and/or auditory learning media are appropriate for the student and
whether or not there is a need for ongoing assessment in this area.
A student who has a visual impairment is functionally blind if the multi-disciplinary team, including a
certified teacher of the visually impaired, determines that based on the above assessments. The student
will use tactile media (including Braille) as a primary tool for learning to be able to communicate in both
reading and writing at the same level of proficiency as other students of comparable ability.
05 - Deaf-Blindness (DB):
34 CFR §300.8(c)(2); 19 TAC §89.1040(c)(2)

Definition:
Deaf-blindness means coexisting hearing and visual impairments, the combination of which causes such
severe communication and other developmental and educational needs that they cannot be accommodated
in special education programs solely for children with deafness or children with blindness.

Specific Disability Criteria:
A student with deaf-blindness is one who has been determined by a multi-disciplinary team, which
includes a certified teacher of the blind and a certified teacher of the deaf, to exhibit one of the following:
•
•
•
•
auditory impairment and visual impairment;
to meet the eligibility criteria for a student with a visual impairment and has a suspected hearing loss
that cannot be demonstrated conclusively, but a speech/language therapist, certified speech/language
therapist, or licensed speech/language pathologist indicates there is no speech at an age when speech
would normally be expected;
has documented hearing and visual losses, that, if considered individually, may not meet the
requirements for auditory impairment and visual impairment, but the combination of such losses
adversely affects the student’s educational performance; or
has a medical diagnosis of a progressive medical condition that will result in concomitant hearing and
visual losses that, without special education intervention, will adversely affect the student’s
educational performance.
06 – Intellectual Disability (ID):
34 CFR §300.8(c)(6); 19 TAC §89.1040(c)(5)

Definition:
• Intellectual Disability means significantly sub average intellectual functioning, existing
concurrently with deficits in adaptive behavior and manifested during the developmental period
that adversely affects a child’s educational performance.

Specific Disability Criteria:
• as measured by a standardized, individually administered test of cognitive ability in which the overall
test score is at least two standard deviations below the mean, when taking into consideration the
standard error of measurement of the test; AND
•
Concurrently exhibits deficits in at least two of the following areas of adaptive behavior:
communication, self-care, home living, social/interpersonal skills, use of community resources, selfdirection, functional academic skills, work, leisure, health, and safety; AND
•
Functional implications of the impairment for the educational process need to be documented.
Note: October 6, 2010, Rosa’s Law, signed by President Obama, changed references in federal law
from mental retardation to intellectual disability, and references to a mentally retarded individual to
an individual with an intellectual disability.
07 - Emotional Disturbance (ED):
34 CFR §300.8(c)(4)(i); 19 TAC §89.1040(c)(4)

Definition:
Emotional disturbance means a condition exhibiting one or more of the characteristics below, over a long
period of time, and to a marked degree that adversely affects a child’s educational performance. The term
includes schizophrenia. The term does not apply to children who are socially maladjusted; unless it is
determined they have a serious emotional disturbance.

Specific Disability Criteria:
A student with an emotional disturbance is one who has been determined by a multi-disciplinary team,
which includes a Licensed Specialist in School Psychology or Psychiatrist, to have a condition exhibiting
one or more of the characteristics below over a long period of time and to a marked degree that adversely
affects a child's educational performance:
•
•
•
•
•
An inability to learn which cannot be explained by intellectual, sensory, or health factors;
An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;
Inappropriate types of behavior or feelings under normal circumstances;
A general pervasive mood of unhappiness or depression; or
A tendency to develop physical symptoms or fears associated with personal or school problems.
The written report shall include specific recommendations for behavioral supports and interventions.
08 - Specific Learning Disability (SLD):
34 CFR §300.8(c)(10)(i); 19 TAC §89.1040(c)(9)(B)

Definition:
A Specific Learning Disability means a disorder in one or more of the basic psychological processes
involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect
ability to listen, speak, read, write, spell, or to do mathematical calculations, including conditions such as
perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia.
The term does not include learning problems primarily the result of visual, hearing or motor disabilities,
of mental retardation, of emotional disturbance, or of environmental, cultural or economic disadvantage.

Specific Disability Criteria:
In order to ensure that the academic underachievement of a student suspected of having a specific learning
disability is not due to a lack of appropriate instruction in reading or mathematics, the following must be
considered [34 CFR §300.309(b)(1-2)]:
•
Data that demonstrated the student was provided appropriate instruction in reading and/or math
within general education settings delivered by qualified personnel; and
•
Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting
formal evaluation of student progress during instruction, which were provided to the student’s parent.
Note: To ensure that appropriate instruction directly addresses students’ academic and behavioral difficulties
in the general education setting, a multi-tiered service delivery model is used. In addition to the student’s
progress, documentation of parent notification(s) should include: 1) the school policies regarding performance
data collected and general education services provided; 2) strategies for increasing the child’s rate of learning,
and; 3) the parent’s right to request an evaluation (TEA: Response to Intervention Guidance).
A student with a specific learning disability is one who:
•
Has been determined through a variety of assessment tools and strategies to meet the criteria for a
specific learning disability; and
•
Does not achieve adequately for the student’s age or meet state-approved grade-level standards in oral
expression, listening comprehension, written expression, basic reading skill, reading fluency skills,
reading comprehension, mathematics calculation, or mathematics problem solving when provided
appropriate instruction; and
o does not make sufficient progress when provided a process based on the child's response
to scientific, research-based intervention (as defined in 20 USC, §7801(37)), as
indicated by the child's performance relative to the performance of the child's peers on
repeated, curriculum-based assessments of achievement at reasonable intervals,
reflecting student progress during classroom instruction; or
o exhibits a pattern of strengths and weaknesses in performance, achievement, or both
relative to age, grade-level standards, or intellectual ability, as indicated by significant
variance among specific areas of cognitive function, such as working memory and
verbal comprehension, or between specific areas of cognitive function and academic
achievement.
Note: Dyslexia and related disorders may be coexisting conditions for a student identified as Specific
Learning Disabled. The ARD may indicate the presence of dyslexia and/or a related disorder or students
who meet the disability criteria for Specific Learning Disability and additionally meet the state’s criteria for
dyslexia.
09 - Speech Impairment (SI):
34 CFR §300.8(c)(11); 19 TAC §89.1040(c)(10)

Definition:
Speech or language impairment means a communication disorder, such as stuttering, impaired
articulation, language impairment, or a voice impairment that adversely affects a child’s educational
performance.

Specific Disability Criteria:
A student with a speech impairment is one who has been determined by a multi-disciplinary team,
including a, certified speech and language therapist, or licensed speech language pathologist to have a
communication disorder such as stuttering, impaired articulation, a language impairment, or a voice
impairment.
10 - Autism (AU):
34 CFR §300.8(c)(1); 19 TAC §89.1040(c)(1)

Definition:
Autism means a developmental disability significantly affecting verbal and nonverbal communication and
social interaction, generally evidenced before age three that adversely affects a child’s educational
performance.

Specific Disability Criteria:
A student with autism is one who has been determined by a multi-disciplinary team, which includes a
LSSP, an Educational Diagnostician, and/or a Speech Language Pathologist with experience and training
in the area of autism, to have a developmental disability significantly affecting verbal and nonverbal
communication and social interaction, generally evidenced before age three, that adversely affects a child's
educational performance. This adverse effect on educational performance is not primarily due to an
emotional disturbance.
Students with pervasive developmental disorders or Asperger’s Disorder are included under this category.
The term does not apply if a child's educational performance is adversely affected primarily because the
child has a serious emotional disturbance, 34 CFR §300.8(c)(1)(i).
The team's written report of evaluation shall include specific recommendations for behavior interventions
and strategies for the classroom and the need for in-home/parent training.
13 - Traumatic Brain Injury (TBI) :
34 CFR §300.8(c)(12); 19 TAC §89.1040(c)(11)

Definition:
Traumatic brain injury means an acquired injury to the brain caused by an external physical force,
resulting in total or partial functional disability or psychosocial impairment, or both, that adversely
affects a child's educational performance.

Specific Disability Criteria:
A student with a traumatic brain injury is one who has been determined by a multi-disciplinary team to
have a traumatic brain injury caused by an external physical force, resulting in total or partial functional
disability or psychosocial impairment, or both, that adversely affects a child's educational performance.
The evaluation data reviewed by the multi-disciplinary team must include a report by a licensed
physician. The term does not apply to brain injuries that are congenital or degenerative or brain injuries
induced by birth trauma.
14 - Non-categorical Early Childhood (NCEC):
19 TAC §89.1040(c)(13)

Definition:
Non-categorical Early Childhood means that a student aged 3-5 has, or appears to have, an
Intellectual disability, an emotional disturbance, a specific learning disability, or autism.

Specific Disability Criteria:
A student, age 3-5 years, identified as Non-categorical Early Childhood is one who has been determined
by a multi-disciplinary team, which includes a LSSP, an Educational Diagnostician, or other appropriately
certified practitioner with experience and training in the area of intellectual disabilities, emotional
disturbance, specific learning disability and/or autism, to:
o
meet the specific eligibility criteria for intellectual disability, emotional disturbance,
specific learning disability, and/or autism
Multiple Disabilities (MD):
34 CFR §300.8(c)(7); 19 TAC §89.1040(c)(6)

Definition:
Multiple disabilities means coexisting impairments (such as intellectual disability-blindness, intellectual
disability-orthopedic impairment, etc.) and the combination of which causes such severe educational
needs that they cannot be accommodated in special education programs solely for one of the
impairments. The term does not include deaf-blindness.

Specific Disability Criteria:
A student with multiple disabilities is one who has been determined by a multi-disciplinary team, which
includes a LSSP, an Educational Diagnostician, or other appropriately certified practitioner with
experience and training in the areas of disability impacting the student, to have:
•
Two or more impairments, not including Deaf-Blind, in which the combination causes such severe
educational needs that they cannot be accommodated in special education programs solely for one of
the impairments;
•
disabilities that are expected to continue indefinitely; and
•
disabilities which severely impair performance in two or more of the following areas:
o
o
o
o
o
psychomotor skills;
self-care skills;
communication;
social and emotional development;
cognition
Assessment of Performance Levels and Competencies
(Present Levels of Academic Achievement and Functional Performance - PLAAFP)
Purpose:
Identify student academic, behavioral, functional, and vocational (if appropriate) strengths and weaknesses
as the basis for the development of an appropriate individualized education program (IEP).
Performance Levels:

Academic Achievement (all core areas), behavioral, functional and vocational (if appropriate) areas shall
be addressed for every student as it relates to the students’ access to and progress in the general
curriculum at every annual ARDC/IEP meeting.
Academic Performance Levels and Competencies:


In reporting academic performance levels and competencies to the ARDC, the Campus Monitoring
Teacher shall utilize the following sources of data:
•
Group administered norm referenced measures;
•
Informal Assessments;
•
Grades;
•
State of Texas Assessment of Academic Readiness (STAAR); and/or TAKS mastery levels;
•
Other measures of academic performance.
An academic need adversely affecting the child’s educational performance is considered present when
observation/evaluation reflects that:
•
the student appears to require supports and/or services not available in the general education setting;
and/or
•
the student appears to require regular involvement by a special education teacher in the delivery of
specially designed instruction.
Behavioral Performance Levels


In reporting behavioral performance levels and competencies to the ARDC, the Campus Monitoring
Teacher shall utilize the following sources of data:
•
Classroom observations;
•
Teacher/counselor/administrator data; and/or
•
Parent data.
A behavioral deficit adversely affecting the child’s educational performance is considered present when
PLAAFP information/data reflects that:
•
The student appears to require a Behavior Intervention Plan (BIP) or other behavioral supports
and/or services not available in the general education setting; and/or
•
Behavioral deficits appear to require regular involvement by a special education teacher in the
delivery of specially designed instruction.
Developmental Performance Levels



In reporting developmental performance levels and competencies to the ARDC, the Monitoring Teacher
shall utilize the following sources of data:
•
Parent data;
•
Counselor/administrator/teacher data; and/or
•
Work samples and observations
•
Information provided by a physician addressing physical/developmental abnormalities.
A developmental need adversely affecting the child’s educational performance is considered present when
PLAAFP information/data reflects that:
•
The student appears to require supports and/or services not available in the general education setting;
and/or;
•
Developmental deficits appear to require regular involvement by a special education teacher in the
delivery of specially designed instruction.
Developmental deficits are considered to be significant for the purposes of establishing need when
PLAAFP information/data reflects that:
•
Health issues affecting physical, physiological and/or neurological development are adversely
impacting the student’s progress in the educational environment;
•
Communication disorders are adversely affecting the child’s progress in the educational environment;
•
Cognitive delays are adversely affecting the child’s progress in the educational environment.
Special Education/
Bilingual (ELL) Procedures
Special Education/Bilingual Procedures
1. Identification for Students with significant cognitive disabilities (89.1225)(f)(4)/89.1230
a. Identification for students with significant cognitive disabilities:
 Use evaluation data contained in the students FIE will be used to determine eligibility and
placement
 Review FIE used to determine special education eligibility:
o Oral/Receptive Language
o Cognitive Level
b. Identification for students who are non-verbal:
 Use evaluation data contained in the students FIE will be used to determine eligibility and
placement
 If evaluation date for eligibility purpose is not available; the LPAC/ARD will document
projected completion of evaluation data and reconvene ARD/LPAC at that time
 The LPAC/ARD determines the appropriate setting/services in which the student can acquire
language skills and the timeline for ESL services if appropriate;
 In order to maintain LEP identification within the 20 day timeframe:
o LPAC with ARD representative will meet to determine LEP status by using the
following:
 Any information from previous district
 Observation by Educational Diagnostician
 Informal teacher observation
 OLPT (administered by the Bilingual Department)
o Documentation on LPAC document will indicate ‘Identification Pending’, until
evaluation data is complete. Special Education will continue services until final
evaluation has been presented to LPAC/ARD.
3. Exit Process –
Under Texas Administrative Code (TAC) §89.1225(h), districts are required to use the exit criteria represented
in the chart titled 2011-2012 English Proficiency Exit Criteria Chart found at
http://www.tea.state.tx.us/index2.aspx?id=4098&menu_id=720 to exit limited English proficient (LEP)
students from bilingual/ESL programs. The exit criteria under TAC §89.1225(h) apply to the vast majority of
LEP students who receive special education services. In rare cases, a LEP student receiving special
education services may qualify to be exited using criteria permitted under TAC §89.1225(k), which give
special consideration to a LEP student 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.
This document outlines the process to follow when considering whether a student qualifies to exit using the
criteria authorized by TAC §89.1225(k). (See Apendix for forms)
Step 1: Schedule Meeting to Evaluate Whether Student Potentially Qualifies for Exit
At or near the beginning of the school year, a meeting is to be scheduled between key admission, review, and
dismissal (ARD) committee and language proficiency assessment committee (LPAC) members to discuss
whether the student qualifies to exit using criteria under §TAC 89.1225(k).

Through this process, a determination is made about the assessments and/or English language proficiency
assessment standards to be used in the exiting process.

This process applies ONLY when one or more assessments and/or English language proficiency
assessment standards under TAC §89.1225(h) are not appropriate for the student in a particular language
domain for reasons directly associated with the student’s disability. In following this process, refer also to
the document titled Guidance Related to ARD Committee and LPAC Collaboration found at
http://www.tea.state.tx.us/index2.aspx?id=2147496923.


This process is to be used to address the needs of an individual student, not groups of students. Very few
students qualify to exit using the TAC §89.1225(k) criteria.
This process must be conducted by key admission, review, and dismissal (ARD) committee members
(including a diagnostician when applicable) and key language proficiency assessment committee (LPAC)
members who are familiar with the student’s current progress and needs, including one or more teachers
with in-depth knowledge of the student’s second language acquisition and academic achievement.
Step 2: Discuss Evidence of Need for Use of §89.1225(k) Exit Criteria
At the meeting, the participants discuss the second language acquisition of the student within the context of the
individual student’s disability to consider whether the TAC §89.1225(k) exit criteria are warranted.
 Consideration must be Individualized Education Program (IEP) based and must include documented
evidence that, because of the nature of the student’s disability, the student is not expected to be able to
attain English language proficiency in one or more domains and no longer appears to benefit from second
language acquisition support in English to address second language acquisition cognitive, linguistic, and
affective needs (or is expected to reach that point during the school year).

Evidence must include both historical formal and informal assessment data and direct teacher input.
Ongoing informal assessment data may come from checklists, inventories, and other formative
evaluations designed to identify the levels of academic functioning and English language proficiency of
the student. The input of a diagnostician may be requested, as necessary, to help determine whether the
TAC §89.1225(k) exit criteria are warranted. Direct teacher input should provide further insight into the
student’s classroom performance and needs, and should include, if applicable, documentation of response
to intervention, anecdotal notes, and other evidence drawn from sources such as classroom-based
observations and classroom activities.
Step 3: Specify Assessments and English Language Proficiency Test Standards
If after reviewing the evidence, the meeting participants conclude that the student no longer benefits from
second language acquisition support in English (or is expected to reach that point during the school year), the
participants review the assessment information in the IEP and make exit criteria recommendations based on
the information below.
Caution should be exercised when considering exit of students in Grades 1-2. It may be premature in these
grades to consider exit due to developmental factors related to emergent language and literacy.
Additionally, in early grades it is often difficult to know the effect of the student’s disability on long-term
prospects for second language acquisition.
ACADEMIC CONTENT ASSESSMENTS OF READING AND WRITING IN GRADES 1-2

Norm-referenced standardized achievement tests are not required for students in grades 1-2 eligible under
TAC §89.1225(k).
ACADEMIC CONTENT ASSESSMENTS OF READING AND WRITING IN GRADES 3-12
STAAR students (students’ first entering 9th grade and below in school year 2011-2012):

Performance standards for STAAR Modified and STAAR Alternate are not scheduled to be set until after
the end of the 2011-2012 school year. For the 2011-2012 school year, the requirement to use academic
content assessments of reading and writing will be waived for these students.
Students graduating under TAKS program (students in grades 10-12 and repeating 9th graders in school year 20112012):

Modification of performance standards on academic content assessments not permitted
The Texas Education Agency has modified student performance standards on STAAR/TAKS through the
development of STAAR /TAKS M or STAAR/TAKS Alt. Further modification of performance standards on
academic content assessments is not permitted. State-established standards must be used.

Selection of appropriate academic content assessments
Students considered for exit criteria under TAC §89.1225(k) should be those designated to take
S T A A R / TAKS-M or STAAR/TAKS-Alt as determined by the ARD committee in conjunction with the
LPAC. If a rare situation occurs in which TAKS (Accommodated) or TAKS is considered to be the appropriate
academic content assessment for a student who needs modified English language proficiency standards, consult
the education service center bilingual/ESL contacts for guidance. Reminder: State-established standards must
be used.
ENGLISH LANGUAGE PROFICIENCY ASSESSMENTS IN GRADES 1-12

Modification of English language proficiency assessment standards on a domain-by-domain basis
Any modified standards must be supported by historical data and evidence that the student is not expected to be
able to attain English language proficiency because of factors directly related to the student’s disability and that
the student no longer appears to benefit from second language acquisition support in English to address second
language acquisition cognitive, linguistic, and affective needs (or is expected to reach that point during the
school year).

Selection of appropriate English language proficiency assessments
 Listening: TELPAS listening or other OLPT from state-approved list

Speaking: TELPAS speaking or other OLPT from state-approved list

Reading: TELPAS reading

Writing: TELPAS writing or other English language writing proficiency test from
Step 4: Prepare Documentation
Key members of the ARD committee and LPAC document the evidence, recommendation, assessments, and any
modified English language proficiency test standards.
Step 5: Discuss Recommended Exit Criteria in Formal ARD Committee Meeting
Key members of the ARD committee and LPAC present the documentation at a formal ARD committee meeting.

The meeting should take place as early in the current school year as possible or at the end of the
year to be applied the next school year. The meeting must occur prior to the student’s participation in
the identified assessments.

Based on discussion at the formal ARD committee meeting, the IEP is updated with
documentation of the modified exit criteria if the committee as a whole determines that exit is
anticipated.
Step 6: Determine and Document Whether Student Has Met Modified Exit Criteria
At the end of the year, the ARD committee, with key LPAC members, meets to review the assessment results and
subjective teacher evaluation required under TAC §89.1225(h) to determine whether the student has met the
modified exit criteria.

The subjective teacher evaluation must reflect the status of the student following the administration
of the assessments.

This meeting is to be held at the end of the school year, as required by TAC Section 89.1220(g).
This means that an additional ARD committee meeting is necessary for students whose annual
ARD committee meeting is held at a different time.

If the decision is made to exit the student based on the assessment results and subjective teacher
evaluation, the ARD committee finalizes and documents the change in placement or program and
delineates instructional services including the monitoring period for exited students. Furthermore,
as required under TAC §89.1220(m)(7) relating to exit from bilingual education or ESL services, the
LPAC also documents the exit decision in the student’s permanent record file. (See Appendix)
Note: Please also see: http://www.tea.state.tx.us/index2.aspx?id=2147496923
Admission, Review, and
Dismissal
ADMISSION, REVIEW AND DISMISSAL (ARD) COMMITTEE
ARD Procedural Safeguards:

Provide written notice to the parent and adult student a reasonable period of time before the meeting (must
be received five school days before the meeting; however, a shorter period of notice may be given when
parent/adult student agrees to an earlier meeting) 34 CFR, §300.503;
Note: Invite the student when the purpose of the meeting includes the consideration of transition
service.

Hold an ARD meeting at a mutually agreeable time and place that is convenient to both the parent/adult
student and the school;
Note: For a child from birth to three years of age with visual and/or auditory impairments, an
Individualized Family Service Plan (IFSP) meeting must be held in place of an ARD committee
meeting.

Convene an ARD meeting within a reasonable time at the request of a parent/adult student to address
specific concerns about his or her child's special education services;
Note: When parental concerns will not result in ARD action, they may be addressed using an alternate
process, including conferences with the principal or other appropriate personnel.

If neither parent can attend, the school should consider the use of a telephone conference;
Note: For ARD committee meetings without parental attendance, documentation of repeated efforts to
contact parent and ensure parental participation in the ARD committee meeting should be presented at
said meeting and documented in the deliberations of the IEP.

Rights previously held by the parent under the Individuals with Disabilities Education Act (IDEA)
transfer to the student when the “adult student” reaches 18 years of age, the “age of majority” in
Texas. Beginning at least one year before a student reaches the age of 18, the IEP must contain a
statement that the student and parent were informed of the pending transfer of rights. 34 CFR,
§300.320(c)
Note: Although the student assumes the rights of the parent at 18 years of age, parents will continue to
be provided notices, including notices of ARD committee meetings, required under IDEA, and
participate in the “child-centered” process.

Provide an interpreter to assist in conducting the meeting for a parent who is non-English speaking or who
requires another mode of communication 34 CFR, §300.322(e); (See Appendix)
Note: When a foreign language interpreter is used, the meeting should be recorded and a copy,
including the discussion of the elements of the IEP, provided to the parent. If the parent indicates they
do not want it recorded, this should be noted in the minutes.

Obtain Notice for Release/Consent Request Confidential Information for any person attending the ARD
meeting other than the parent or members of the school staff;

Provide parent/adult student a copy of the Individualized Education Program (IEP)/ARD Committee
meeting as soon as possible, but no later than five school days of the meeting and maintain original in the
student's special education audit folder located at the MISD Central Office.

Provide parents/adult student a copy of the Report of Full and Individual Evaluation and/or appropriate
disability reports each time evaluation is reported;

Develop an Individualized Education Program prior to initiating special education services;


Obtain Consent for Initial Placement prior to the initiation of the first placement in a program providing
special education instruction or related services which will be scheduled to begin as soon as appropriate;
Note: Services should begin no sooner than 5 days following the ARD/IEP committee meeting, unless
the parent/adult student agrees otherwise. (See Appendix – Prior Written Notice)

Parents/adult student may refuse/revoke consent for placement in special education at any time.

Provide parent and adult student Notice of Refusal to Provide Services in Regard to Identification,
Evaluation, Placement or Free Appropriate Public Education within five days when the ARD/IEP
Committee fails to reach mutual agreement on any proposal made by the parent;

Provide the Notice of Procedural Safeguards: Rights of Parents of Students with Disabilities to
parents/adult student, 34 CFR, §300.504(a):
A. upon initial referral or parental request for evaluation
B. upon the first filing of a due process hearing
C. when disciplinary action is proposed
D. once annually or upon parental request

A member of the ARD committee is responsible for ensuring the document, Notice of Procedural
Safeguards: Rights of Parents of Students with Disabilities, is distributed at appropriate times, and that
the contents have been fully explained to the recipient in the recipient’s native language, or other mode of
communication, unless it is clearly not feasible to do so CFR§300.504(d).
ARD committee members:
19 TAC §89.1050(a); 34 CFR §300.321

The ARD committee means a group of individuals composed of:
1. Parent:





natural, adoptive, or foster parent,
guardian (but not the State if the child is a ward of the State),
an individual acting in the place of a natural or adoptive parent, such as a grandmother,
stepparent, or other relative, with whom the child lives,
an individual who is legally responsible for the child’s welfare,
a surrogate parent, documented on the “Determination of Need for Surrogate Parent” (See Appendix)
Note: Arrangements for an interpreter will be made for parents who are deaf or whose native
language is other than English.
2. General Instruction:

Not less than one regular education teacher of the child (if the child is, or may be, participating in the
regular education environment):
• Who is a regular education teacher responsible for implementing a portion of the
child’s IEP; and
• Who, as a member of the ARD committee, to the extent appropriate, participates in
the development, review, and/or revision of the IEP, including the determination of
appropriate positive behavioral interventions and supports and other strategies for
the child and supplementary aids and services, program modifications and supports
for school personnel;
3. Special Education:

Not less than one special education teacher of the child, or where appropriate, not less
than one special education provider of such child:
• Who is appropriately certified or licensed;
4. Administration:

A representative of the local educational agency (LEA). In MISD, an administrator must
be a principal or assistant principal approved by the Superintendent and authorized to
commit the resources of the school and oversee the implementation of the program. The
Executive Director of Special Education is the only one to approve any variances from this
procedure.


The administrator:
• Is qualified to provide, or supervise the provision of, specially designed instruction to
meet the unique needs of children with disabilities;
• Is knowledgeable about the general education curriculum;
• Is knowledgeable about the availability of resources of the LEA;
• Can commit the resources of the district.
5. Evaluation:

An individual who can interpret the instructional implications of evaluation results.
6. Others:
 Other individuals who have knowledge or special expertise regarding the child, at the
discretion of the parent or the LEA:
• Including related services personnel as appropriate
• Including, in the case of a child who was previously served under the Early Childhood
Intervention (ECI) program, at the request of the parent, by invitation to the initial ARD
meeting, the ECI service coordinator or other representatives of the ECI system to assist
with the smooth transition of services, and
• Including to the extent appropriate, with Consent for Disclosure of Confidential
Information, a representative of any participating agency that is likely to be responsible
for providing or paying for transition services,
7. Student:
 The child with a disability, whenever appropriate, when the purpose of the meeting will be
the consideration of Transition Services (by age 14, or younger if appropriate) and in
compliance with the Adult Student framework;
8. Professional Certified in the Education of the Deaf:
 When considering auditory impairment as a disability; or
 When the student has an auditory disability.
9. Professional Certified in the Education of Students with Visual Impairments:
 When considering visual impairment as a disability; or
 When the student has a visual impairment.
10. Professional Representing Language Proficiency Assessment Committee (LPAC)

A member of the language proficiency assessment committee when determining
participation in state and district wide assessments for the child with limited English
proficiency, to address the child’s language needs; and
Considering Exit Criteria from the Bilingual Program (See Appendix)
11. Career and Technology Education Representative:

A general education career and technology professional is included when considering initial or
continued placement in Career and Technology Education (CTE).
12. Other Participants:
 When anyone other than the parent or representatives of the school district participates in the
ARD, the
• parent must sign the Consent for Disclosure of Confidential Information Form.
• Other participants whether invited by the parent or the school district may be present and
provide information, but are not members of the ARD Committee, nor do they have the
option of registering their agreement or disagreement with the decisions.
• If a person claiming to be an advocate for the family requests to attend the ARD please notify a Special
Ed Supervisor or the Executive Director,
Excusal of Members:
The regular education teacher, the special education teacher or provider, the representative of the school district,
and the evaluation person may be excused from attending part or all of the ARD committee meeting when the
person’s attendance is not necessary because the person’s area of the curriculum or related service is not being
modified or discussed in the meeting. For the excusal to occur, the parent must agree in writing that the person’s
attendance is not necessary because the person’s area of the curriculum or related service is not being modified or
discussed in the meeting.
A member of the ARD committee may also be excused from attending an ARD committee meeting when the
meeting involves a modification to or discussion of the member’s area of curriculum or related service if:






The parent and the district consent to the excusal,
The consent is in writing,
The person being excused submits written input into the development of the IEP to the
ARD committee, and
ARD Responsibilities:

Make decisions regarding initial referrals within 30 calendar days from the date of the completion of the Report of
Full and Individual Evaluation, 34 CFR §300.323(c)(1); 19 TAC, §89.1050(d);

Review all data from the Full and Individual Evaluation including information from parent, school personnel, or other
sources, such as independent evaluations;

Develop an evaluation plan and provide Notice of Evaluation and obtain Consent for FIE and consider the results of
reevaluation, when appropriate;

Ensure that placement in special education is not based solely upon native language differences, cultural differences, or
lack of educational opportunities, 34 CFR §300.306(b). It may be appropriate for a student to receive ESL in
conjunction with special education services;

Develop the Individualized Education Program (IEP) or modify the existing plan;

Beginning at age 14, or younger if appropriate, address the transition needs of each student, 34 CFR, §300.320(c); 19
TAC §89.1055(g);

Discuss transition and develop appropriate post-secondary goals and objectives related to training, education,
employment, and when appropriate independent living skills;
•
One year prior to a student’s 18 th birthday, address pending transfer of rights 34 CFR §300.320(c), 19 TAC
§89.1049;

Document annually, for students who have an auditory and/or visual impairment, the provision of information regarding
the Texas School for the Deaf and/or Texas School for the Blind. Information provided by these facilities outlines
availability of programs and admission criteria;

Designate instructional programming, including vocational, in the least restrictive educational environment
appropriate to meet the needs of the student;

Notify Central Office Special Education Department of placement and instructional arrangement decisions immediately
following ARD action involving entries, changes or dismissals in special education (PEIMS data);

Conduct annual reviews for all special education students;

Determine the student's continuing eligibility for special education every three years or more often if conditions
warrant;

Determine the eligibility and placement of students with a disability(ies) new to the district;

Determine the length of the instructional day for each student with a disability(ies). Central Office Special Education
Department should staff with the campus when a student’s day is being shortened;

Determine whether a behavior is a manifestation of the disability. (See Appendix)

Determine if there has been a change of placement due to disciplinary reasons.

Determine the need, if any, for extended school year services based on criteria outlined in (See Appendix));

Provide students with a disability(ies) access to the essential knowledge and skills identified by the district in each
curriculum area unless altered to meet the instructional needs of the student;





Determine the appropriate level of participation in statewide assessments by deciding any accommodations required
during testing on the regular administration of the state-wide assessment program, or for students considered
inappropriate for participation in one or more portions of the regular state-wide assessment program administration;
(See Appendix)

For a student who does not perform satisfactorily on any version of the state-wide assessment program, ARD committee
will design a program for the student to either attain growth on the basis of the student’s IEP, or enable the student to
perform on grade level at the conclusion of the next term, TEC §28.0213.

For a Limited English Proficient (LEP) student, determine exemption from the Texas English Language Proficiency
Assessment System (TELPAS);

Document the decision in the minutes portion of the IEP.

Document that student is placed in the least restrictive environment;

Review and determine need for in-home training or viable alternatives for students with autism. A Needs-based
assessment is completed to determine the need for this service. The purpose of in-home training is to generalize skills
learned at school to the home setting.

Dismiss students who, following reevaluation, no longer meet eligibility requirements for special education;
Mutual Agreement:

All members of the ARD Committee shall have the opportunity to participate in a collaborative manner in developing the
IEP. Decisions of the committee concerning required elements of the IEP shall be made by mutual agreement of the
required members, if possible.

When mutual agreement about all required elements of the IEP is not achieved, the parent(s) who disagree(s) shall be
offered a single opportunity to have a recess for a period of time not to exceed 10 school days. When mutual agreement
is not reached, a written statement of the basis for the disagreement shall be included in the IEP. The members who
disagree shall be offered the opportunity to write their own statements.
Note 1: This does not prohibit the ARD Committee from”tabling” for reasons other than a failure to
reach mutual agreement.
Note 2: This recess is not required when the student's presence on campus represents a danger of
physical harm to the student or others, or when the student has committed an expellable offense or an
offense which may lead to a placement in an alternative education placement (AEP).

During the recess the committee members shall consider alternatives, gather additional data, prepare further
documentation, and/or obtain additional resource persons to enable the ARD Committee to reach mutual agreement.
19 TAC§89.1050(h)(2)

The date, time, and place for continuing the ARD Committee meeting shall be determined by mutual agreement prior to
the recess and Notice of ARD will be given to the parent;


If a 10 day recess is implemented and the ARD Committee still is unable to reach mutual agreement, the school shall:
•
•
•
Provide the parents with Prior Written Notice within 5 school days, 19 TAC §89.1050(h)(6);
implement the IEP which it has determined to be appropriate for this student, 19 TAC§89.1050(h)(4);
It is the policy and intent of the Texas Education Agency and the Midland ISD to encourage and support
the resolution of any dispute at the lowest level possible and in a prompt and effective manner.

In an effort to explore areas of possible agreement and to gather additional information, parents and/or
school staff may consider:
• meetings or conferences with the student's teacher; or
• meetings or conferences with campus administrators, the special education director, the superintendent,
and/or the board of trustees.
Parent Disagreement:

When the school and the parent cannot reach mutual agreement during the ARD committee process, the parent may:
• disagree, but accept the decision; or
• elect any of the options described in the Notice of Procedural Safeguards: Rights of Parents of Students
with Disabilities. These options include:
o requesting local mediation;
o requesting mediation through TEA ;
o filing a complaint with TEA; and/or
o requesting an impartial due process hearing through TEA.

When the school and the parent cannot reach mutual agreement during the ARD committee process, the ARD
committee may recess for no more than 10 calendar days to enable all parties to acquire additional
documentation/information regarding noted disagreements.
Note 1: The student remains in his/her current placement if the parent files for an impartial due process
hearing through the Texas Education Agency.

Disputes not requiring ARD committee action may be resolved through meetings or conferences with the student's
teacher and Campus Administrator. Other appropriate Central Office Administrative staff will be available to assist upon
request.
Parent Revocation of Services:

Parents have the authority to revoke consent for special education and related services at any time. 34 CFR
§300.300(b)(4). Revocation of consent must be in writing. Although the school must discontinue services, the school is
not required to amend the student’s education records to remove any references to the child’s having received special
education and related services in the past. Once the parent’s submit their revocation in writing, the district must provide
Prior Written Notice within 5 days to document that the cessation of special education supports and related services.
Parents cannot revoke portion of special education supports or services.

If a parent revokes consent for the continued provision of special education and related services, the
school is not required to convene an ARD committee meeting. Once consent is revoked, the student will be
considered a general education student. Since the student will no longer have an IEP, the school will no longer
be required to provide accommodations that were previously included in the IEP. (See Appendix)
Additional Procedures:

Discipline of Students with Disabilities - Administrator will implement policies and procedures regarding discipline of
students with disabilities as outlined in the MISD Student Code of Conduct;

Entering District (Prekindergarten Student) - When a prekindergarten student enters MISD and the parent indicates the
student was receiving special education services, the campus should contact the appropriate Central Office Staff. A
transfer/temporary placement ARD with appropriate personnel present will be held;






Entering from Early Childhood Intervention Program - A child receiving services from an Early Childhood
Intervention Program, will follow the referral process through Child Find. If appropriate, a Full and Individual
Evaluation (FIE) will be completed and services in place, on or before the child’s third birthday.
Entering District (School Age Student) - When a new or returning student enters MISD and the parent and/or
previous school verifies the student was receiving special education services, the school shall, 19 TAC §89.1050(f):
•
•
•
•
•

Contact the Special Education Department through ARD request form, with all available information
concerning previous school district, school, etc;
Special Education Department PEIMS Specialist will contact the previous district for current IEP and
FIE/information, then notify the Educational Diagnostician/Speech Therapist assigned;
Upon receipt of the FIE/IEP, the Educational Diagnostician, LSSP, Speech Therapist will review the FIE
to determine appropriateness of the evaluation and IEP;
A transfer/temporary placement ARD committee meeting will be scheduled by the Educational
Diagnostician, LSSP, Speech Therapist to discuss eligibility, instructional setting, services, and/or need for
additional evaluation(s).
A complete IEP will be developed and implemented within 30 school days of the student’s temporary
placement..
A student from a private school, hospital, residential setting, or a foreign country that has not been served by a public
school under the provision of IDEA is not included in this process. For this student the school should begin the STAT
process before considering a referral to special education. During this time, the student will be served in regular
education.
INDIVIDUALIZED EDUCATION PROGRAM (IEP)
Content:

Indication of primary, and when appropriate, secondary and/or tertiary disabilities;

Statement of student's present level of academic achievement and functional performance (PLAAFP), competencies and
strengths taken from assessment data including, 34 CFR §300.320(a)(1):
•
Physical as it affects participation in instructional settings or in physical education (for example: Atlantoaxial
Dislocation Condition);
•
Behavior as it affects educational placement, programming or discipline;
•
Academic/developmental;
•
Impact of the disability on involvement and progress in the general curriculum, or for a preschool student,
appropriate activities; and
•
Beginning at age 14, a statement of the transition service needs related to the student’s course of study, 34 CFR
§300.320(b); 19 TAC §89.1055(g).

Special language program requirements for students who are limited English speaking;

Appropriate behavior supports and interventions, including strategies to address disciplinary issues not related to the
disability for which no goals and objectives have been established;
Note 2: Forms for restraint reporting may be found on the MISD Special Education website.

Instructional accommodations/supports necessary for the student to be successful in each subject/ curriculum area, 34
CFR §300.320(6). Accommodations/supports should be limited to those which are both “necessary” for the student to be
successful and “appropriate” to the setting.

Any subject area of any version of the state-wide assessment program in which student will participate and/or, if any,
allowable accommodations offered or recommended.
Note: As with nondisabled students, graduating students who have not performed satisfactorily on the exit level of the
state-wide assessment program are provided remedial instruction.

Assignment of/Expected outcomes for state assessment
o Review of TEA provided Participation Requirements when selecting an alternate assessment
o A modified state assessment is not appropriate for a speech only student.
o Assignment of a modified state assessment must include justification by completing the Participation
Requirements for the applicable statewide assessment.
o Allowable accommodations and supplemental aids should be included in the IEP, and documentation should
exist as to routine use of said accommodations/supplemental aids.

Personal Graduation Plan for any student in grades 8-12 who did not perform satisfactorily on one or more portions of the
most recent TAKS administration, or is not likely to receive a diploma before the 5 th year following the student’s
enrollment in 9th grade, TEC §28.0212;

Components of an Intensive Program of Instruction for any student who did not perform satisfactorily on one or more
portions of the most recent TAKS administration, TEC §28.1213;


Exemption status on the TELPAS for a Limited English Proficient (LEP) student whose developmental level makes
formal reading instruction inappropriate, or who is impaired in a way which would make testing inappropriate.

Annual goals - measurable priorities resulting from the student's disability and present levels of academic achievement and
functional performance that enable the student to be involved in and progress in the general curriculum (or for preschool
students to participate in appropriate activities), or meet other educational needs, and the position
responsible for the implementation, 34 CFR §300.320(a)(2)(i);

Short-term instructional objectives (if applicable) - measurable intermediate steps designed to reach the annual goals,
including procedures and criteria for evaluating progress, 34 CFR §300.320(a)(2)(ii);

Least restrictive environment (LRE) must be addressed annually or anytime the ARD recommends the student be
removed from the regular classroom for any amount of time, 34 CFR §300.320(a)(5);

The Schedule of Services shall specify the following:
•
Dates for initiation and duration of services, 34 CFR §300.320(a)(7);
Note 1: Unless the parent agrees otherwise, services are initiated no sooner than five (5) school days
following the date the ARDC develops the approved IEP.
•
Amount of time, frequency, and location for receiving special education support;
•
Modification, if any, of the length of the student's school day or year. In considering extended school year
services (ESY), refer to;
•
Curriculum areas in which significant modification of content is required: English, language arts, other languages,
mathematics, science, health, physical education, fine arts, social studies, economics/free enterprise system,
Texas/U.S. history, business education, vocational education, computer literacy;
•
Determination of an appropriate method to determine grades/progress;
•
Type, time, frequency, and location of any related services or supplementary aids deemed appropriate; and
•
Determination of instructional arrangement and program placement;
1.
Assurances must be addressed annually or anytime the ARD addresses eligibility, instructional
arrangement and/or expulsion.
2.
Appropriate supplements, including those for students with autism, an auditory impairment, and/or a visual impairment.
Supplements are also required when the student's program includes a Behavior Intervention Plan, placement in an
AEP/DAEP, Extended School Year services, graduation, transportation, placement in the Regional Day School
Program for the Deaf, transition services and/or vocational programming.
3.
Each present committee member signs that they were present and indicates agreement or disagreement of the IEP.
4.
Each teacher involved in a student's instruction shall have the opportunity to provide input and request assistance
regarding the implementation of the student's IEP. Input requests shall be submitted in writing to the chairperson of the
ARD committee. The chairperson will determine whether consideration should occur informally or through the ARD
process. If an ARD meeting is necessary, the student's current regular and special education teachers shall have an
opportunity to provide input, 19 TAC §89.1075(c).
IEP Review and Changes requiring ARD Amendment:
•
•
•
•
•
•
Instructional goals and objectives may be added, deleted, or modified;
Transportation changes;
Minor alterations to the Schedule of Services that do not change the instructional arrangement do not
constitute a major change to the IEP;
Accommodations changes;
Changes in status for state assessment tests, if the change is a raising of expectation; or
Correcting any clerical errors.
Note: Parents must receive Prior Written Notice before any changes are made to an IEP by amendment.
IEP Review and Changes requiring ARD action:
•
•
•
•
•
•
Identifying a content modification not previously addressed in the IEP;
Changes in instructional arrangement (placement);
Addition or deletion of a related service;
Adding a Functional Behavior Assessment(FBA) and/or Behavior Intervention Plan (BIP);
Changes in status for state assessment tests, if the change results in a lowering of expectation; or
Manifestation determination review.
TRANSITION PLANNING
Purpose:

To assist the student in making appropriate choices regarding his/her four-year course of study which will lead to the
following: post-secondary education, employment, independent living, adult responsibility, and access to outside
agency services (if appropriate).
•
To include appropriate employability/educational goals and objectives to support transitional outcomes; and
•
To include appropriate independent living goals and objectives to support transitional outcomes.
Definition:

Transition planning promotes successful post-school employment, independent living and educational outcomes as a
measure of accountability for students with disabilities. Transition Services are designed to be within a resultsoriented process, that is focused on improving the academic and functional achievement of the child with a disability
to facilitate the child’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. It is be based on the individual student’s needs, taking
into account the student's strengths, preferences and interests and includes instruction, related services, community
experiences, the development of employment and other post-school living objectives, 34 CFR §300.43.
Implementation:

Transition planning is an integral part of the development of the Individual Educational Program (IEP) and should
begin at age 14 (earlier if appropriate). To support self-advocacy the student must be included as a member of the
ARDC for discussion of:
•
•
•
•
•
•
student interest and preferences
formal and informal assessment
accommodations/modifications
state assessment
four year course of study
post- secondary transition goals (goals will be achieved after graduation)
o Develop appropriate measurable post-secondary goals related to future education, employment,
agency connection, and where appropriate, independent living skills. These goals must be based
upon student interest and aptitude and address educational/training, employment, and if applicable
independent living.
o
These are goals that occur after graduation. Develop at least one annual goal to address the steps
needed to achieve the post- secondary goal. Consider related services and agency involvement to
achieve post- secondary goals.
PROVISION OF RELATED SERVICES
Purpose:
To enable the student to benefit educationally from:

Special education instruction; or

Regular education programming that has been modified through the use of accommodations,
supplementary aids, adaptive equipment, or other special arrangements such as transportation.
Definition:

Transportation and such developmental, corrective, supportive, and evaluative services, not instructional in nature, as
are required to assist a student with a disability to benefit from special education and to properly implement the
student's Individualized Education Program (IEP), 34 CFR §300.34(a), TEC §29.002(2).
Types of Related Services:










Audiological Services;
In-Home/Parent Training for students with autism;
Interpretive Services;
Occupational Therapy;
Orientation and Mobility Training;
Physical Therapy;
School Counseling;
School Health Services;
Transportation; and
Other.
Need for Service:
Placement in related services and the amount of time for related services must be based on the results of data gathered durin g
the student's evaluation;
Utilize the related services evaluation to develop or modify goals and objectives as part of the IEP; and
Determine whether related services personnel are required for effective implementation of specific goals and/or objectives.
This determination is to be based upon the recommendations concerning the specific services to be offered outlined in the
related services evaluation report.
Delivery of Services:
Direct services to individual students or small groups of students; and/or
Consultative services to instructional staff and/or parents. Consultative services may also include intermittent direct service to
a student, but not regular direct service.
Description of Related Services:
34 CFR §300.34(c)(1) - §300.34(c)(16)
Definition: Related services means transportation and such developmental, corrective, and other supportive services as are
required to assist a child with a disability to benefit from special education, and includes speech-language pathology and
audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including
therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation
counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also
include school health services and school nurse services, social work services in schools, and parent counseling and training.
Exception; services that apply to children with surgically implanted devices, including cochlear implants.
(1) Related services do not include a medical device that is surgically implanted, the optimization of that device's functioning
(e.g., mapping), maintenance of that device, or the replacement of that device.
(2) Nothing in paragraph (b)(1) of this section—
(i) Limits the right of a child with a surgically implanted device (e.g., cochlear implant) to receive related services (as
listed in paragraph (a) of this section) that are determined by the IEP Team to be necessary for the child to receive
FAPE.
(ii) Limits the responsibility of a public agency to appropriately monitor and maintain medical devices that are needed
to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions,
while the child is transported to and from school or is at school; or
(iii) Prevents the routine checking of an external component of a surgically-implanted device to make sure it is
functioning properly, as required in Sec. 300.113(b).
(c) Individual related services terms defined. The terms used in this definition are defined as follows:
(1) Audiology includes-(i) Identification of children with hearing loss;
(ii) Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional
attention for the habilitation of hearing;
(iii) Provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip-reading),
hearing evaluation, and speech conservation;
(iv) Creation and administration of programs for prevention of hearing loss;
(v) Counseling and guidance of children, parents, and teachers regarding hearing loss; and
(vi) Determination of children's needs for group and individual amplification, selecting and fitting an appropriate aid,
and evaluating the effectiveness of amplification
(2) Counseling services means services provided by qualified social workers, psychologists, guidance counselors, or other
qualified personnel.
(3) Interpreting services includes-(i) The following, when used with respect to children who are deaf or hard of hearing: Oral transliteration services,
cued language transliteration services, sign language transliteration and interpreting services, and transcription
services, such as communication access real-time translation (CART), C-Print, and TypeWell; and
(ii) Special interpreting services for children who are deaf-blind.
(4) Medical services means services provided by a licensed physician to determine a child's medically related disability that
results in the child's need for special education and related services.
(5) Occupational therapy—
(i) Means services provided by a qualified occupational therapist; and
(ii) Includes-(A) Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation;
(B) Improving ability to perform tasks for independent functioning if functions are impaired or lost; and
(C) Preventing, through early intervention, initial or further impairment or loss of function.
(6) Orientation and mobility services—
(i) Means services provided to blind or visually impaired children by qualified personnel to enable those students to
attain systematic orientation to and safe movement within their environments in school, home, and community; and
(ii) Includes teaching children the following, as appropriate:
(A) Spatial and environmental concepts and use of information received by the senses (such as sound,
temperature and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at
a traffic light to cross the street);
(B) To use the long cane or a service animal to supplement visual travel skills or as a tool for safely
negotiating the environment for children with no available travel vision;
(C) To understand and use remaining vision and distance low vision aids; and
(D) Other concepts, techniques, and tools.
(7) Parent Training
(i) Parent counseling and training means assisting parents in understanding the special needs of their child;
(ii) Providing parents with information about child development; and
(iii) Helping parents to acquire the necessary skills that will allow them to support the implementation of their child's
IEP or IFSP.
(8) Physical therapy means services provided by a qualified physical therapist.
(9) Psychological services includes-(i) Administering psychological and educational tests, and other assessment procedures;
(ii) Interpreting assessment results;
(iii) Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning;
(iv) Consulting with other staff members in planning school programs to meet the special educational needs of
children as indicated by psychological tests, interviews, direct observation, and behavioral evaluations;
(v) Planning and managing a program of psychological services, including psychological counseling for children and
parents; and
(vi) Assisting in developing positive behavioral intervention strategies.
(10) Rehabilitation counseling services means services provided by qualified personnel in individual or group sessions that focus
specifically on career development, employment preparation, achieving independence, and integration in the workplace and
community of a student with a disability. The term also includes vocational rehabilitation services provided to a student with a
disability by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq.
(11) School health services and school nurse services means health services that are designed to enable a child with a disability
to receive FAPE as described in the child's IEP. School nurse services are services provided by a qualified school nurse. School
health services are services that may be provided by either a qualified school nurse or other qualified person.
(12) Speech-language pathology services includes-(i) Identification of children with speech or language impairments;
(ii) Diagnosis and appraisal of specific speech or language impairments;
(iii) Referral for medical or other professional attention necessary for the habilitation of speech or language
impairments;
(iv) Provision of speech and language services for the habilitation or prevention of communicative impairments; and
(v) Counseling and guidance of parents, children, and teachers regarding speech and language impairments.
(13) Transportation includes-(i) Travel to and from school and between schools;
(ii) Travel in and around school buildings; and
(iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special
transportation for a child with a disability.
ASSISTIVE TECHNOLOGY DEVICES AND SERVICES
Definitions:
34 §CFR 300.5 –§ 300.6(f)

Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially
off the shelf, modified or customized, that is used to increase, maintain, or improve the functional capabilities of
children with disabilities.

Assistive technology service means any service that directly assists a child with a disability in the selection,
acquisition or use of an assistive technology device. The term includes:
• the evaluation of the needs of the child with a disability including a functional evaluation of the child in the
child's customary environment;
•
purchasing, leasing or otherwise providing for the acquisition of assistive technology devices by children with
disabilities;
•
selecting, designing, fitting, customizing, adapting, applying, retaining, repairing or replacing assistive
technology devices;
•
coordinating and using other therapies, interventions, or services with assistive technology devices, such as those
associated with existing education and rehabilitation plans and programs;
•
training or technical assistance for a child with a disability, or, if appropriate, that child's family; and
•
training or technical assistance for professionals (including individuals providing education or rehabilitation
services), employers, or other individuals who provide services to, employ, or are otherwise substantially
involved in the major life functions of children with disabilities.
Purpose:

Assistive technology devices and services are used to adapt conditions to improve the student's functioning when
needed to implement the student's IEP.
Procedure:

The ARD committee shall review recommendations for assistive technology devices and services from the
comprehensive evaluation report and include in the Individualized Education Program (IEP) devices and services
determined to be educationally necessary.
INSTRUCTIONAL ARRANGEMENTS/SETTINGS
Purpose:

To identify and define the range of instructional options which will provide an education in the least restrictive
environment appropriate to meet the student's educational needs and will ensure that:
•
Students with a disability are educated with nondisabled peers to the maximum extent appropriate, 34 CFR
§300.114(a)(2)(i);

Any removal of students with a disability from general educational setting(s) occurs only when the nature or severity
of the disability is such that education in general class(es) with the use of supplementary aids and services cannot be
achieved satisfactorily, 34 CFR §300.114(a)(2)(ii);

Students with disabilities are educated in the home school or as close to home as possible;

The placement does not interfere with the student's accessibility to extracurricular activities, 34 CFR §300.117;

The length of the school day for students with disabilities is the same as that for nondisabled students unless modified
by the ARD Committee;

The instructional arrangement is determined based on the length of the student's school day.

A variety of options for educational placement is available for consideration by the ARD Committee, 34 CFR
§300.115(a).
Instructional Arrangement Definitions:

No Instructional Arrangement (00)
This instructional arrangement/setting is for students who are coded SI only and receives only speech
therapy. This instructional arrangement applies to a student receiving speech therapy, whether the
therapy is provided in the general education classroom or in a pull-out setting.

Full-Time Early Childhood (45)
This instructional arrangement/setting is for providing full-time special education and related services to
students aged 3 through 5 served in programs designed primarily for children with disabilities located on
a regular campus. Students in this setting receive only special education and related services and receive
no services in mainstream early childhood settings.

Homebound (01)
This instructional arrangement/setting is for providing special education and related services to students with a
disability who require home and/or hospital bedside services. The student must meet the following three criteria:
•
•
•
•

The student is expected to be confined at home or hospital bedside for a minimum of 4 weeks, (the weeks
need not be consecutive); and
The student is confined at home or hospital bedside for medical reasons only; and
The student’s medical condition is documented by a physician licensed to practice in the United States.
In making eligibility and placement decisions, the ARD committee must consider the physician’s
information. However, the physician’s note/information should not be the sole consideration in the
committee’s decision-making process.
The student's ARD committee shall determine the amount of services to be provided to the student in this instructional
arrangement/setting in accordance with federal and state laws, rules, and regulations.
A student otherwise eligible for special education services who meets the three criteria above does not need to meet
the criteria in the federal definition for other health impaired (OHI) to be eligible for homebound services.
Any student with a Chronic Illness/Acute Health Problem who is placed in the special education homebound
instructional arrangement/setting must:





Meet eligibility for OHI as a result of having a chronic illness or acute health problem(s),
Have a chronic illness or acute health problem that adversely affects the student’s educational performance as
determined by the ARD committee,
Be expected to be confined for any period of time totaling at least 4 weeks throughout the school year, and
Have a medical condition that is documented by a physician licensed to practice in the United States.
Home instruction may also be used for services to infants and toddlers (birth to age 3) and young children (ages 3-5)
when determined appropriate by the child's individualized family services plan (IFSP) committee or ARD committee.
Note: The assignment of Homebound instructional setting by the ARD Committee must be preceded with
the receipt of a signed “Physician’s Notification of Need for Homebound Services”.
Note: A student cannot be expelled into the homebound instructional arrangement/setting.
Note: For those students who have a chronic illness/acute health problem and are expected to be confined
at home or hospital bedside but do not meet eligibility criteria for special education services, see the
General Education Homebound (GEH) eligibility criteria.

Special Education Homebound Services in conjunction with PRS




Special Education Students who become pregnant will have access to the services offered through the
PRS Program.
A pregnant Special Education Student’s Admission, Review, and Dismissal (ARD) committee and PRS
program staff will collaboratively address the student’s service needs.
An ARD committee meeting will be held promptly after learning of a special education student's
pregnancy to determine the appropriate services for the student; and will meet as necessary to address
any needed changes.
In additon to the homebound instructional services provided to the student through the special education
program, the PRS program must provide at least 2 hours a week of PRS support services for 2-5 days
attendance credit and at least 1 hour for 1 day attendance credit.
Note: For special education students who are pregnant, the period of confinement may be fewer than 4 consecutive
weeks or fewer than 4 weeks total for the school year.
AJUDICATED OR INCARCERATED YOUTH
This instructional arrangement/setting is for providing services to special education students who are
adjudicated or incarcerated in a secure facility or other circumstance in which a court orders a student to
remain at a facility site.
Special education students who are detained in a secure facility and/or when a court order precludes the
student’s inclusion in and exposure to educational settings on a regular school campus an ARD
committee meeting will be held to determine the type and amount of services to be provided. For those
students who are precluded from removal from the secure facility the instruction will be provided by a
certified teacher at the facility in conjunction with the legal/safety requirements of the facility.

Off Home Campus
This instructional arrangement/setting is for providing special education and related services to a student
whose instruction is provided in a facility, other than a non-public day school, not operated by the district.
A student receiving services in Mainstream in an Off Home Campus setting should have the instructional
arrangement/setting Off Home Campus-Mainstream (91).
A student receiving Resource Room/Services for less than 21% of the student's total instructional day in an
Off Home Campus setting should have the instructional arrangement/setting Off Home Campus-less than
21% (92).
A student receiving Resource Room/Services for at least 21% and less than 50% of the student's total
instructional day in an Off Home Campus setting should have the instructional arrangement/setting Off
Home Campus-at least 21% and less than 50% (93).
A student receiving mild/moderate/severe services for at least 50% and no more than 60% of the student's
total instructional day in an Off Home Campus setting should have the instructional arrangement/setting
Off Home Campus-Self-Contained, Mild/Moderate/Severe, Regular Campus-at least 50% and no more that
60% (94).
A student receiving mild/moderate/severe services for more than 60% of the student's total
instructional day in an Off Home Campus setting should have the instructional arrangement/setting Off Home
Campus-Self-Contained, Mild/Moderate/Severe, Regular Campus-more than 60% (95).
A student receiving special education and related services from school district personnel in a facility (other
than a non-public day school) not operated by a school district, including sheltered workshops. This
instructional setting also applies to students ages 3-5 who receive special education and related services in a
community setting (97).
A student 3 to 5 years of age receiving full-time special education and related services in educational programs
designed primarily for children with disabilities in a multi-district, separate campus or community setting, should have
the instructional arrangement Off Home Campus-full-time early childhood special education setting (98).
•
Resource Room/Services (41)
This instructional arrangement/setting is for providing special education and related services in a setting
other than general education for less than 21% of the regular school day.
•
Resource Room/Services (42)
This instructional arrangement/setting is for providing special education and related services in a setting
other than general education for at least 21% and less than 50% of the regular school day.
•
Residential Care and Treatment Facility
This instructional arrangement/setting is for providing special education instruction to students with disabilities who
reside in approved care and treatment facilities (including licensed foster homes) and whose parents do not reside
within the boundaries of the school district providing educational services to the students. In order to be considered in
this arrangement, the services must be provided on a school district campus. If the instruction is provided at the facility
rather than on a school district campus, the instructional setting is considered to be hospital class.
A student residing in a facility receiving only speech therapy services should have the instructional
arrangement/setting Residential Care and Treatment Facility-No Instructional Arrangement (00).
A student residing in a facility receiving services in Mainstream in a school district campus setting should have the
instructional arrangement/setting Residential Care and Treatment Facility-Mainstream (81).
A student residing in a facility receiving Resource Room/Services for less than 21% of the student's total instructional
day in a school district setting should have the instructional arrangement/setting Residential Care and Treatment
Facility-Resource Room/Services-less than 21% (82)
A student residing in a facility receiving Resource Room/Services for at least 21% and less than 50% of the student's
total instructional day in a school district setting should have the instructional arrangement/setting Residential Care
and Treatment Facility-Resource Room/Services at least 21% and less than 50% (83)
A student residing in a facility receiving mild/moderate/severe services for at least 50% and no more than 60% of the
student's total instructional day in a school district setting should have the instructional arrangement/setting
Residential Care and Treatment Facility-Self-Contained, Mild/Moderate/Severe, Regular Campus-at least 50% and no
more than 60% (84).
A student residing in a facility receiving mild/moderate/severe services for more than 60% of the student's total
instructional day in a school district setting should have the instructional arrangement/setting Residential Care and
Treatment Facility-Self-Contained, Mild/Moderate/Severe, Regular Campus-more than 60% (85).
A student 3 to 5 years of age residing in a facility receiving full-time special education and related services in
educational programs designed primarily for children with disabilities should have the instructional arrangement
Residential Care and Treatment Facility-full-time early childhood special education setting (89).



Self-Contained, Mild/Moderate/Severe, Regular Campus (43)
This instructional arrangement/setting is for providing special education and related services to a student who is in a
self-contained program for at least 50 % and no more than 60% of the regular school day on a regular school campus.

Self-Contained, Mild/Moderate/Severe, Regular Campus (44)
This instructional arrangement/setting is for providing special education and related services to a student who is in a
self-contained program for more than 60 % of the regular school day on a regular school campus.

Special Education Mainstream (40)
This instructional arrangement/setting is for providing special education instruction to a student in a general education
classroom who does not require "pull-out". Special education personnel must be involved in the implementation of
the student's IEP through the provision of direct, indirect, and/or support services to the student, including related
services other than speech therapy. Student receiving special education Mainstream may also receive speech therapy.
Monitoring student progress in and of itself does NOT constitute a special education service.
Requirements for Mainstream:
•




Special education and related services provided in a general education classroom on a regularly scheduled
basis;
• An IEP specifying the special education and related services that enable the student to access the general
curriculum and to make progress toward individual goals and objectives; AND
• Highly Qualified special education personnel involved in the implementation of the student’s IEP through the
provision, on at least a weekly basis, of direct, indirect, and/or support services to the student in the general
education classroom, and/or
• In collaboration with the student’s general education classroom teachers.
Speech Therapy:
•
Speech therapy only (Indicator 1) - When the only special education service a student receives is speech
therapy, the student must be coded No Instructional Arrangement (00) and Speech Therapy Indicator 1,
regardless of the environment where the speech therapy services are provided.
•
Speech Therapy with other services (Indicator 2) – When a student receives speech therapy services in
conjunction with other special education and/or related services, the student must have an Instructional
Setting Code other than No Instructional Arrangement (00) and Indicator 2. In order for a student to be
coded with an
instructional setting code of Mainstream (40) the student must have a qualified special education professional
AND the Speech Language Pathologist involved in the
implementation of the IEP through the provision of direct, indirect, and/or support services to the student in
the general classroom and/or in collaboration with the general education teacher.
Vocational Adjustment Class/Program (08)
•
This instructional arrangement/setting provides special education and related services to a student who is
placed in competitive employment with regularly scheduled support by special education personnel.
•
This instructional arrangement/setting shall be used in conjunction with the student's transitional goals and
only after the school's career and technology classes have been considered and determined inappropriate for
the student.
Continuum of Services:
A continuum of services is offered for all special education students enrolled in MISD. For students from 3-5
years of age, the following placements may be recommended by the ARD committee:

Walk in, campus based speech services – available for students with a speech impairment,
scheduled by the campus speech pathologist on a weekly or biweekly basis.

Learning for Everyone at Preschool (LEAP) – A general education inclusive setting for 3 and 4
year old special education students. The class consists of 12-14 typically developing children whose
parent/guardian is an MISD employee, plus 5-7 preschoolers with special needs. The class is taught
by teachers certified in general and special education, with assistance from a paraprofessional.

Inclusive Pre-Kindergarten – A general education inclusive setting for special education children
aged 4 by Sept. 1. The class consists of general education students who are eligible for the district’s
Pre-K program, and 5-7 special needs children, taught by a teacher certified in general and special
education.

Self- Contained PPCD – A self-contained special education classroom consisting of 7-12 special
needs students requiring intensive instruction with a lower student-staff ratio, taught by teachers
certified in special education.
GRADES AND GRADUATION STANDARDS
Grading:

The professional with primary responsibility for providing instruction is responsible for determining and reporting
grades. For students receiving instruction through a collaborative effort between general and special education, grades
are to be determined jointly by the special and general education professionals and special education professionals.
Reporting Student Progress:

Parents shall be provided written reports of student progress, including report cards, progress notices or other reports
deemed appropriate, on the same timely basis as the reporting periods for regular students.

In addition to a report card, progress notices or other reports, the goals and objectives from the current
IEP shall be reviewed each six weeks and a copy provided to the parent.
Graduation Requirements:
TAC 89.1070
(a) Graduation with a regular high school diploma under subsection (b)(1), (2), or (4) of this section terminates a student's
eligibility for special education services under this subchapter and Part B of the Individuals with Disabilities Education
Act (IDEA), 20 United States Code, §§1400 et seq. In addition, as provided in Texas Education Code (TEC),
§42.003(a), graduation with a regular high school diploma under subsection (b)(1), (2), or (4) of this section terminates
a student's entitlement to the benefits of the Foundation School Program.
(b) A student receiving special education services may graduate and be awarded a regular high school diploma if the
student meets one of the following conditions.
(1) The student has satisfactorily completed the state's or district's (whichever is greater) required standards in
Chapters 110-128 and Chapter 130 of this title and credit requirements for graduation (under the recommended or
distinguished achievement high school programs in Chapter 74 of this title (relating to Curriculum Requirements))
applicable to students in general education, including satisfactory performance as established in the TEC, Chapter 39,
on the required state assessments. (2) The student has satisfactorily completed the state's or district's (whichever is
greater) required standards in Chapters 110-128 and Chapter 130 of this title and credit requirements for graduation
(under the minimum high school program in Chapter 74 of this title) applicable to students in general education,
including participation in required state assessments. The student's admission, review, and dismissal (ARD)
committee will determine whether satisfactory performance on the required state assessments is necessary for
graduation.
(3) The student has satisfactorily completed the state's or district's (whichever is greater) required standards in
Chapters 110-128 and Chapter 130 of this title through courses, one or more of which contain modified content that is
aligned to the standards required under the minimum high school
program in Chapter 74 of this title as well as the credit requirements under the minimum high school program,
including participation in required state assessments. The student's ARD committee will determine whether
satisfactory performance on the required state assessments is necessary for graduation. The student graduating
under this subsection must also successfully complete the student's individualized education program (IEP) and
meet one of the following conditions, consistent with the IEP:
(A) full-time employment, based on the student's abilities and local employment opportunities, in addition
to sufficient self-help skills to enable the student to maintain the employment without direct and ongoing
educational support of the local school district;
(B) demonstrated mastery of specific employability skills and self-help skills which do not require direct
ongoing educational support of the local school district; or
(C) access to services which are not within the legal responsibility of public education or employment or
educational options for which the student has been prepared by the academic program.
(4) The student no longer meets age eligibility requirements and has completed the requirements specified in the
IEP.
58
(c) All students graduating under this section shall be provided with a summary of academic achievement and functional
performance as described in 34 Code of Federal Regulations (CFR), §300.305(e)(3). This summary shall consider, as
appropriate, the views of the parent and student and written recommendations from adult service agencies on how to assist the
student in meeting postsecondary goals. An evaluation as required by 34 CFR, §300.305(e)(1), shall be included as part of the
summary for a student graduating under subsection (b)(3) of this section.
(d)Students who participate in graduation ceremonies but who are not graduating under subsection (b)(3) of this section and
who will remain in school to complete their education do not have to be evaluated in accordance with subsection (c) of this
section.
(e) Employability and self-help skills referenced under subsection (b)(3) of this section are those skills directly related to the
preparation of students for employment, including general skills necessary to obtain or retain employment.
(f) For students who receive a diploma according to subsection (b)(3) of this section, 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
eligibility requirements.
Clarifying Note on Graduation:





All graduating special education students must have an ARDC meeting, prior to graduation, to develop and discuss the
Summary of Performance (SOP);
State assessment determines the method a student will graduate,
All Exit level/EOC assessments must be passed,
Distinguished Achievement, Recommended or Minimum Plan is determined by coursework. You cannot complete
the Distinguished Achievement Program or Recommended Program if you have had ANY modified courses in grades
9-12. If a student has had any modified courses then they will graduate through the Minimum Plan.
If a student is dismissed from special education during high school, he/she is required to meet general education
graduation requirements, including passing required state-wide assessments.
59
Discipline
60
DISCIPLINE
Special discipline considerations apply to students with disabilities. Students with disabilities may not be placed in a
Disciplinary Alternative Education Program (DAEP) solely for educational purposes and must engage in misconduct
warranting AEP placement.
Recognizing a Disciplinary “Change of Placement”

A change of placement has occurred if:
o The removal is for more than 10 consecutive school days, OR
o The child has been subjected to a series of removals that constitute a pattern because:
 The series of removals total more thatn 10 school days in a school year;
 The child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in
the series of removals; and
 Additional factors such as the length of each removal, the total amount of time the child has been
removed, and the proximity of the removals to one another.
34 CFR §300.536(a)


What behaviors are substantially similar?
Short-term removals:
o School personnel may remove a child with a disability who violates a code of student conduct from his or her
current placement to an appropriate interim alternative education setting, another setting, or suspension, for
not more than 10 consecutive school days (to the extent those alternatives are applied to children without
disabilities), and for additional removals of not more than 10 consecutive school days in that same school
year for separate incidents of misconduct as long as those removals do not constitute a change of placement.
34 C.F.R. §300.530(b)

o
In-school suspension would not be considered a part of the days of suspension addressed in 34 CFR
§300.530(c) as long as the child is afforded the opportunity to continue to appropriately participate in the
general curriculum, continue to receive the services specified on the child’s IEP, and continue to participate
with non-disabled children to the extent they would have in their current placement.
o
Bus suspension: Whether a bus suspension would count as a day of suspension would depend on whether the
bus transportation is a part of the child’s IEP. If the bus transportation were a part of the child’s IEP, a bus
suspension would be treated as a suspension under 34 CFR§300.530
o
Portions of the school day: Portions of the school day that a child has been suspended may be considered as
removal in regard to determine whether there is a pattern of removals. If the student is missing services in
the IEP then the day will count. 34 CFR§300.536
Long-term Removals: Removals for more than 10 days, or that represent a pattern of removal.
o Order of proceedings:
 ID ARD – within 10 school days and give 5 days Notice, unless waived by the parent
 ARD committee determines whether the misbehavior was a manifestation of the disability.
MANIFESTATION DETERMINATION REVIEW

What must the ARD committee consider when conducting a MDR?
The committee must “review all relevant information in the student’s file, including the child’s IEP, any teacher
observations, and any relevant information provided by the parents…” 34 C.F.R. §300.530(e)(1) The committee will
then answer of the following questions:
61
o Was the conduct in question the direct result of the Local Education Agency’s (LEA) failure to implement
the IEP? 34 C.F.R. §300.53(e)(1)(ii)
o Was theconduct in question caused by, or had a direct and substantial relationship to the child’s
disability? 34C.F.R. §300.530(e)(1)(i)

What must the ARD committee do if the conduct is a manifestation of the child’s disability? The ARD committee
must either:
o Conduct a Functional Behavioral Assessment (FBA), unless the District had previously conducted an FBA
(presumably on the same behavior) before the behavior that resulted in the change of placement, AND
implement a BIP for the child; or
o If a BIP already has been developed, review the BIP, and modify it, as necessary, to address the behavior;
and
o Return the child to the placement from which the child was removed unless:
 the offense involved “special circumstances” and resulted in an emergency removal (drugs,
weapons, serious bodily injury); or
 the parent and school agree to a change of placement as part of the modifications of the BIP.

What happens if the behavior is not a manifestation of the student’s disability?
o School personnel may apply the relevant disciplinary procedures to children with disabilities in the same
manner and for the same duration as the procedures would be applied to children without disabilities.
IEP. 34 C.F.R. §300.530(c)

Special Circumstances: School personnel may remove a student to an interim AEP for not more tha n 45 school days
without regard to whether the behavior is determine to be a manifestation of the child’s disability, if the child:
o Possesses a weapon at school, on school premises, or at a school function;
o Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at
school, on school premises, or at a school function;
o Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school
function. 34 CFR§300.530(g)

When a parent disagrees with a MDR ARD, the ARD committee does NOT have to offer a 10-day recess. 19 TAC
§89.1050(h)(1). The district may proceed with the ARD committee’s decision and the parent may request an
expedited due process hearing.
62
Addressing Behavioral Needs in the IEP
Functional Behavior Assessment (FBA)
 Functional Behavior Assessments are not defined by IDEA, and are only required in disciplinary removals of a
student from his or her current placement if it is determined that the student’s behavior is a manifestation of his or her
disability. 34 CFR §300.530(d)(1)(i) There is no requirement that an FBA be performed as part of the development
of the student’s Behavior Intervention Plan (BIP).
o FBAs are required under the following situations:
 When the ARD committee decides it is warranted;
 When the school removes a student from his or her current placement to an interim alternative
educational setting because of special circumstances (45 day rule): weapons, illegal drugs, or
infliction of serious bodily injury, or
 A school removes a student from his or her current placement for more than 10 days and the
student’s behavior is a manifestation of his or her disability.

The general purpose of the FBA is to provide the ARD committee with additional information, analysis and strategies
for dealing with a student’s undesirable behaviors, especially those that are interfering with the student’s education.

FBAs are held to the same requirements of Notice and Consent as other assessments. Furthermore, an FBA will
be subject to the reevaluation requirements under IDEA: (1) if the school district determines that the needs of the
child warrant reevaluation; (2) a parent or teacher of the child requests a reevaluation; and (3) at least every three
years, unless the parent and district agree it is unnecessary.
Present Levels of Performance:
 Regulations require that a statement of the student’s present levels of functional performance, as well as academic
achievement, be included in the IEP. 34 C.F.R. § 300.320(a)(1) For students with behavioral difficulties, specificity
with regard to present levels of functional performance is a necessary starting point in developing an IEP and
measurable behavioral goals and objectives. To avoid vague statements of a student’s present levels of functional
performance, present levels of functional performance may be stated in terms of frequency, duration, and intensity.
Observations may be utilized to gather present levels of functional performance data prior to the ARD Committee
meeting, as well as measure progress on behavioral goals and objectives.
Behavior Intervention Plan:
1. Students with disabilities are subject to the Student Code of Conduct.
 The BIP must be based on data
 The BIP must be individualized to meet the student’s unique needs
 The BIP must include positive behavioral change strategies
 The BIP must be consistently implemented and monitored
 Revise the BIP/IEP when a student demonstrates ongoing behavioral difficulties at school. Failure to amend the
IEP when a student’s functional performance demonstrates the IEP is ineffective may constitute a denial of
FAPE
2. For students whose behavior impedes their learning or that of others, the ARD committee must consider the use of
positive behavior supports and interventions to address that behavior. 34 CFR §300.324(a)(2)(i)
63
Appeals Process
Short-term removals may be appealed to the local principal only if the suspension is for more than three consecutive days or
the suspension will result in more than three days accumulated suspension for the semester.
Prior to the ARD meeting required for long-term removals to DAEP or expulsions, the parents may appeal the disciplinary
action proposed by the principal or designated administrator through the procedures as outlined in the Board Policy FOA
(Regulation).
In the absence of mutual agreement at the ARD meeting considering placement in an AEP or expulsion, the ARD committee
does not provide for a recess of up to 10 days. Parents should be given a copy of Notice of Procedural Safeguards: Rights of
Parents of Students with Disabilities. The student will serve the first 10 days of the disciplinary placement in the DAEP. If the
parents take no further action, the student will continue to serve the DAEP placement or expulsion.
A parent or adult handicapped student may request an expedited hearing through the Texas Education Agency (TEA) special
education hearing process. The expedited hearing shall occur within 20 school days and a decision shall be made within 10
school days following the hearing. During the hearing process, the student will remain in the DAEP.
Special Circumstances:
1.
A student who carries a weapon to school or to a school function, or knowingly possesses or uses illegal drugs or sells or
solicits the sale of a controlled substance while at school or a school function, or where a child has inflicted serious bodily
injury upon another person while at school, on school premises, or at a school function may be placed by the school in a
DAEP for up to 45 school days without mutual agreement. 34 CFR §300.530(g)
Note: The term “serious bodily injury” is defined as: Bodily injury which involves: (A) a substantial risk of death: (B)
extreme physical pain; (C) protracted and obvious disfigurement; or (D) protracted loss or impairment of the function of a
bodily member, organ, or mental faculty. 20 U.S.C. 1415(k)(7)(D) and 18 U.S.C. 1365(h)(3).
2.
The student may remain in the AEP for up to 45 school days, even if the behavior is determined to be a manifestation of
the disability.
64
Records
65
SPECIAL EDUCATION FILES
Maintenance of Folders
19 TAC §89.1075(a):

Maintain only one special education folder for a student.

Maintain the special education folders for each program in a central location which may be secured and is not readily
accessible to unauthorized persons.

Maintain each folder in an organized manner:
District Eligibility Folder Review:
TAC 89.1075(a)
Training:

Professionals and paraprofessionals with access to special education records receive information in procedures of
collecting and using personally identifiable information; and

Central special education staff provides instruction for utilization of new forms and/or procedures as they are
developed.
.
CONFIDENTIALITY OF INFORMATION:
The district must ensure the confidentiality of any personally identifiable data, information (including e -mails), and records
collected or maintained by the district, including but not limited to:

Personally identifiable means that the data or information includes, 34 CFR §300.32, 34 CFR §99.3:
o
o
o
o
o

The name of a student, the student's parent, or other family member;
The address of the student or student’s family;
A personal identifier, such as the student's social security number or student number; or
A list of personal characteristics or other information which makes the student's identity easily traceable;
Other information that would make the student’s identity easily traceable.
Education records means those records which:
o
o
Are directly related to a student; and
Are maintained by an educational agency or institution.
The district must protect the confidentiality of personally identifiable information at the collection, storage, disclosure, and
destruction stages.

Directory information may include the following: the student's name, address, telephone listing, date and place of
birth, major field of study, participation in officially recognized activities and sports, weight and height of members of
athletic teams, dates of attendance, awards received, the most recent previous school attended by the student, and
other similar information.
Alteration of Records, 34 CFR §99.20:

A change in a student record may occur when:
66
o
o
o
requested by the parent and determined by the principal, or other school officials designated by the
Superintendent, to be inaccurate, misleading, or violates the privacy or other rights of a child, 34 CFR
§300.618(a); or
as the result of an impartial due process hearing.
When records are altered, parents will be notified and provided a copy of the change. Each alteration should be
dated and initialed.

If the school refuses to change a record, it must inform the parent of the refusal and inform them of their right to
request a records hearing. At the records hearing the school must determine whether the record is inaccurate,
misleading, or otherwise in violation of the privacy or other rights of the student, 34 CFR §300.618(c).

If, as a result of the hearing, the school refuses to make the corrections, it must inform the parent of the decision and
of their right to place a statement in the student’s education record. The statement may comment on the information
itself or give reasons for disagreeing with the decision of the school. The statement must remain a part of the
student’s education record as long as the part of the record in dispute is maintained, 34 CFR §300.620(b-c).
Release of Information:

The district shall give parents annual notification of their rights under the Family Educational Rights and Privacy Act
of 1974, 34 CFR §99.31, and of the locations where copies of the policy are maintained.

Personally identifiable information in education records (including directory information as described above) may be
released without the written consent of the student's parents to the following:
o
o
School officials, including all professional personnel with any responsibility for dealing with the education of
that student, who have legitimate educational interests;
Officials of other schools or school systems in which the student seeks or intends to enroll. The district will:

Make a reasonable attempt to notify the parent unless the record transfer is initiated by the parent;

Furnish a copy of the transferred records to the parent on request; and

Give the parent an opportunity for a hearing.
o
Authorized representatives of the Comptroller General of the United States, the Secretary of
Education or state educational authorities who require access to student or other records necessary
in connection with the enforcement of the federal legal requirements that relate to such programs;
o
Personnel involved with a student's application for, or receipt of, financial aid;
o
State and local officials to whom such information is specifically required to be reported or disclosed by state
statute;
o
Organizations approved by the district to conduct studies for educational agencies or institutions for the
purpose of developing, validating, or administering predictive tests, administering student aid programs,
and/or improving instruction (Such studies must be conducted so that personal identification of students and
their parents will not be revealed to persons other than authorized personnel of the organizations conducting
the studies. Such information must be destroyed when no longer needed for the original purposes of the
studies.);
o
Accrediting organizations that require the information for purposes of accreditation;
o
In compliance with a judicial order or lawfully issued subpoena, provided a reasonable effort is made to
notify the parent in advance of compliance; and/or
67
o
Appropriate persons who, in an emergency, must have such information in order to protect the health or
safety of the student or other person. The seriousness of the threat and the extent to which time is of the
essence are to be considered.

In order for personally identifiable information in education records to be released to any individual, agency, or
organization other than those listed above, written consent must be obtained from the student's parent. Such consent
shall specify records to be released, the reason for such release, and to whom the records are to be released. The
district release form may be utilized. Release forms should be maintained in the special education audit folder. 34
CFR
§99.30

The district may release the following directory information if it has given public notice:

o
Of the categories of information that it has designated as directory information;
o
Of the right of the parent or the eligible student to refuse to permit the release of any or all of that
information; and
o
Of the period of time within which the parent or student must inform the district in writing that such directory
information not be released;
o
Personal information from student education records shall only be transferred to a third party on the
condition that such party will not permit any other party to have access to such information without the
written consent of the student's parent;
Access to records would be denied only when the district has been advised in a legal document the parent does not
possess this right.
Parent Rights to:

Inspect and review all educational records kept about the student without unnecessary delay and before any meeting
regarding an IEP or hearing, and in no case more than 45 days after the request, 34 CFR §300.616(a);

Have a person of their choice inspect and review all of the student's educational records, 34 CFR §300.613(b)(3);

Have copies of student's educational records made upon request to the Special Education Department. (The district
may charge a reasonable fee for copying the records but may not charge for locating or gathering records. The normal
charge will be 10 cents per page for under 50 pages.) Test protocols are copy written so they cannot be duplicated, 34
CFR §300.617;


Request that the District provide copies of educational records without charge if charging a fee would prevent the
parents from exercising their right to review the educational records, 34 CFR §300.613(b)(2); 34 CFR §99.11;

Have school personnel explain or interpret any item in the student's educational records, 34 CFR §300.613(b)(1);

See a list of those persons, other than parents or authorized school employees, who have seen the student's educational
records, and the purpose for access;

Request a change in the student's educational records as provided in the section on "Access to Records" in the Notice
of Procedural Safeguards: Rights of Parents of Students with Disabilities, 34 CFR §300.618(a);

Have special education records maintained for five years after graduation.


68




Be notified by the school when the student's educational records are no longer needed to provide educational services
and, after parents receive this notice, to request the destruction of any personally identifiable information contained in
those records. Before parents request that the school destroy the information, they should be sure it will not be needed
in the future for other purposes (such as applying for social security benefits), 34 CFR §300.624(a); and
Have access to the education records of a student who is or has been in attendance at a school in the district.
Whenever a student has attained 18 years of age, the permission or consent required of and the rights accorded to the
parents of the student by this policy shall thereafter only be required of and accorded to the student.
Annual FERPA Notification:
34 CFR, Part 99
Under FERPA and for the purposes of this guideline concerning the administration of records:
• “Parent” means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the
absence of a parent or guardian:
• “Eligible student” means a student who has reached 18 years of age or is attending an institution of postsecondary
education; and
• “Student,” except otherwise specifically provided in FERPA and the administration of records guideline, means any
individual who is or has been in attendance in the district regarding whom the district maintains education records.
The district shall annually notify parents of students currently in attendance, or eligible students currently in attendance, of their
rights under FERPA.
The annual notification must inform parents or eligible students that they have the right to:
• Inspect and review the student’s education records;
• Seek amendment of the student’s education records that the parent or eligible student believes to be inaccurate,
misleading, or otherwise in violation of the student’s privacy rights;
• Consent to disclosures of personally identifiable information contained in the student’s education records as provided
in consent for disclosure of confidential information, except when consent is not required to disclose information; and
• File with the Family Policy Compliance Office a complaint concerning alleged failures by the district to comply with
the requirements of FERPA.
The notice must include all of the following:
• The procedure for exercising the parent or eligible student access to education records;
• The procedure for amending education records; and
• A specification of criteria for determining who constitutes a school official and what constitutes a legitimate
educational interest, if the district has a policy of disclosing education records without parental consent to school
officials, including teachers, within the district or whom the district
has determined to have legitimate educational interests.
The district must effectively provide annual notification to parents or eligible students who are disabled.
The district must effectively provide annual notification to parents who have a primary or home language
other than English.
The district may provide annual notification by any means that are reasonably likely to inform the parents
or eligible students of their rights.
69
Parent or Eligible Student Access to Education Records
20 U.S.C. §§ 1412, 1415 ;
34 C.F.R. Parts 99, 300;
The Notice of Procedural Safeguards must include information on the opportunity for the parents of a child with a disability to
examine all records relating to such child.
Education Records Defined
Under FERPA and for the purposes of the administration of records guidelines:
A “record” is any information recorded in any way, including but not limited to hand writing, print, computer media, video or
audio tape, film, microfilm and microfiche.
The term “education records” means those records that are:
• Directly related to a student; and
• Maintained by the district or by a party acting for the district.
Records relating to an individual in attendance in the district who is employed as a result of his or her status as a student are
education records.
The term “education records” does not include:
• Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are
not accessible or revealed to any other person except a temporary substitute for the maker of the record;
• Records of the law enforcement unit of the district;
• Records relating to an individual who is employed by the district that:
o Are made and maintained in the normal course of business;
o Relate exclusively to the individual in that individual’s capacity as an employee; and
o Are not available for use for any other purpose;
• Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
o Made or maintained by a physician, psychiatrist, psychologist, or other recognized
professional or paraprofessional acting in his or her professional capacity or assisting in
a paraprofessional capacity;
o Made, maintained, or used only in connection with treatment of the student; and
o Disclosed only to individuals providing the treatment which does not include remedial
educational activities or activities that are part of the program of instruction in the
district; and
• Records that only contain information about an individual after he or she is no longer a student
in the district.
70
STUDENT RECORDS
Release of Records: Student records and associated confidentiality are governed by Board Policy FL (Legal)
and FL (Local). Parents must provide a signed and dated written consent before the District discloses
personally identifiable information from a student's records to any agency, organization, or individual. No
such release is required if the District is being asked to release records to the parent, another public or private
school the student is transferring to or a student 18 or older. From time to time, MISD may ask parents for
records from other agencies, organizations, or individuals to better serve a student's special education needs.
The same release form is used to obtain such records.
Parents have the right to seek amendment of a student's educational records: See FL (Legal) and FL (Local).
Special Education records are destroyed in compliance with federal law seven years after the cessation of
special education services through either graduation or dismissal. A permanent record of the students' name,
address, phone number, attendance, and Academic Achievement Record (AAR) may be maintained without
time limitation.
To obtain student records, fax your request to:
Monica Payan
432-689-1044
or call 432-689-1021
7638
71
APPENDIX
MISD Special Services Forms
&
Procedures
72
State Wide Assessment
Http://www.tea.state.tx.us/student.assessment/
73
MIDLAND INDEPENDENT SCHOOL DISTRICT
ARD/LPAC Collaborative Meeting
Modified LEP Exit Criteria for Students with Disabilities
Chapter 89 Section 1225 (k)
School Year ________________
Student Name: _______________________ ID# ____________ PEIMS# __________________
DOB: _________ Grade: _______ Campus: _______________ Meeting Date: ____________
Section 1: Proposed ELL Exit Criteria
Staffing/Formal ARD with key LPAC (beginning of the year)
Check the following and record levels for each domain. TAKS/STAAR, TELPAS, and OLPT are required for exit
criteria.
I.
_____ Student must maintain or surpass the level for each domain on TELPAS in order to be considered
for LEP reclassification OR
_____ Student is expected to meet the following levels in each domain on TELPAS in order to be
considered for LEP reclassification
_______ Listening _______ Speaking _______ Reading _______ Writing OR
II.
_____ If TELPAS is not appropriate, student will meet Alternate TAKS standard for Reading/Writing to
be considered for LEP reclassification.
III.
TAKS/STAAR: ______ TAKS/STAAR M ________ TAKS/STAAR Alt ________
IV.
Oral Language Proficiency Test: Level _________
Position
ARD Member (SpEd Teacher)
ARD Member (Assessment)
ARD/LPAC Administrator
LPAC Teacher
Other
Print
Signature
Date
Section 2: ELL Exit Criteria
Formal ARD with key LPAC (end of school year)
Record ACTUAL student results for Spring ______ assessment:
TELPAS: Listening ______ Speaking ______ Reading ______ Writing ______
Oral Language Proficiency Test: Level _____
TAKS/STAAR: _______ TAKS/STAAR M ________ TAKS/STAAR Alt __________
_____ Student MET exit criteria. Reclassify as NO LONGER LEP.
_____ Student DID NOT MEET exit criteria. Continue LEP classification.
Recommendations: _____________________________________________________________
Position
ARD Member (SpEd Teacher)
ARD Member (Assessment)
ARD/LPAC Administrator
LPAC Teacher
Other
Print
Signature
Date
74
LEP EXIT PROCEDURES FOR SPECIAL EDUCATION STUDENTS
ELL
Spec.
Ed.
STAAR M or
STAAR ALT
STAAR
TAK
Meets regular exit criteria
89.1225 (h)
Follow district process to set
special exit criteria
89.1225 (k)
Aug./Sept. staffing with key
ARD/LPAC members to discuss
exit
LPAC meets to
document exit
from LEP status
Aug./Sept. ARD with key LPAC
members to set exit criteria
Document on Section I of
Collaborative Meeting form
May/Aug. ARD with key LPAC members to determine if criteria were met.
Document on Section II of Collaborative Meeting form
CRITERIA NOT MET:
LEP status continues
CRITERIA MET: LPAC
meets to document
exit from LEP status
75
CHECKLIST FOR LEP EXIT PROCEDURES FOR STUDENTS WITH DISABILITIES
(Initial as steps are completed)
Exercise caution when proposing exit for the following students:
a. 1st or 2nd graders
b. Those who have never received special language services (Bilingual/ESL)
c. Those who have received less than 3 years of special language services (Bilingual/ESL)
d. Those who cannot be tested on one or more of the domains (listening, speaking, reading, and
writing). Documentation is required.
Use the following for students with disabilities that can meet regular exit criteria, 89.1225 (h):
_____ LPAC determined that student met regular exit criteria 89.1225 (h) and qualifies for exit.
Use the following for students with disabilities that have an IEP and require a modified exit criteria, 89.1225
(k): caution for students who are proposed to be exited:
Exercise
e. 1st or 2nd grade
_____August/September
staffing
withspecial
key ARDlanguage
and key LPAC
and a (Bilingual/ESL)
formal ARD with key LPAC members was held
f. Have never
received
services
for students
potentially
qualify
exit. (See attached:
Process for Considering Special Exit Criteria – steps 1
g. who
Have
received
less for
Documentation
required.
– 5)
_____Section I of ARD/LPAC Collaborative Meeting form was completed at meeting.
_____May or August (before start of school) formal ARD with key LPAC members met to determine and
document whether the student has met modified exit criteria. (See attached: Process for Considering Special
Exit Criteria - step 6)
_____Section II of ARD/LPAC Collaborative Meeting form was completed at meeting.
_____ARD/LPAC Collaborative Meeting form was filed in Special Education folder and a copy was forwarded to
LPAC campus administrator.
_____ LPAC met with their required members for documentation of exit.
ARD/LPAC
Meeting
in LPAC folder
and copy sent
tohave
data had
entry.
Use _____
the following
for Collaborative
the 2009/2010
school form
year was
only,filed
for students
with disabilities
who
their exit criteria
set previously:
_____May ARD with key LPAC members met to document whether student met modified exit criteria (See attached
Process for Considering Special Exit Criteria – step 6).
_____Section II of the ARD/LPAC Collaborative Meeting form was completed at meeting.
_____ARD/LPAC Collaborative Meeting form was filed in Special Education folder and a copy provided to LPAC
campus administrator.
_____LPAC met to document exit.
_____ ARD/LPAC Collaborative Meeting form was filed in LPAC folder and a copy sent to data entry.
76
Written Notification of Use of Restraint:
Internal Tracking Form
Student Name:___________________________________
Name of Staff Members Administering Restraint:
________________________________________
________________________________________
________________________________________
Date:____________________________
Date of Restraint Training:*
_________________________________
_________________________________
_________________________________
*Personnel
called upon to use restraint who have not received prior training must receive training within 30
school days.
Administrator Notification
(must occur the same day that the restraint occurred)
Type of Notification:
 Verbal
 Written
Date of notification: _________ Time: _________ Name of Administrator Notified: ____________________
Parent Notification
(good faith effort must be made to verbally notify parent the same day as the restraint occurred, written
notification must be placed in mail or otherwise provided to parent within one day of the use of restraint)
Type of Notification:
 Telephone – Date:__________ In-person – Date:__________  Written – Date: __________

Comments:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
Name of Person Notifying Parent of Use of Restraint: __________________________________________
White Copy: Administrator
Yellow Copy: Special Education Eligibility Folder/Central Office
77
(Cover Letter: Written Summary of Restraint Use)
Date (insert)
Dear (insert name)
Your child was involved in an emergency situation on (date) that resulted in the use of physical restraint.
Attached is a summary of the incident and a written description of the physical restraint used, including the
behaviors your child exhibited before physical restraint was used. During the time of restraint, your child
was observed by staff trained in the use of physical interventions for any signs of physical distress. The use
of restraint ended as soon as the emergency situation no longer existed. This information is provided for your
review and to seek your input into this situation.
The attached information will be filed in your child’s special education eligibility folder so that the
Admission, Review and Dismissal (ARD) Committee may use this information in considering the need for
changes in your child’s Individualized Education Program (IEP) and/or Behavior Intervention Plan (BIP).
Please call (insert name and phone number) if you would like to schedule an ARD Committee meeting to
review your child’s IEP or BIP.
Commissioner’s Rule for Special Education, Section 89.1053. Procedures for the Use of Restraint and TimeOut, states that restraint of a student with a disability may be used only in a clearly defined emergency
situation. Schools must inform parents when it becomes necessary to use restraint in an effort to protect the
student, other students or prevent serious property damage.
Please contact (insert name and phone number) if you would like to schedule a conference to discuss the
behaviors leading up to the use of physical restraint. If you have other questions, please contact me at (insert
phone number).
Sincerely,
Campus Administrator
cc: Special Education Eligibility Folder
Enclosure
78
(Cover Letter: Written Summary of Restraint Use)
Fecha (inserte)
Estimado/a (inserte nombre)
Su hijo/a estuvo involucrado en una situación de emergencia el (fecha) que resultó en el uso de contención
física. Adjuntamos un resumen del incidente y una descripción por escrito de la contención física usada,
incluyendo los comportamientos presentados por su hijo antes de haberse usado la contención física. Durante
el período de contención física, su hijo estuvo bajo la observación del personal capacitado en el uso de
intervenciones físicas para ver si presentaba alguna manifestación de agotamiento físico. El uso de
contención física finalizó en cuanto dejó de existir la situación de emergencia. Le proporcionamos esta
información para su consideración y para que nos dé su opinión en relación con esta situación.
La información adjunta se archivará en la carpeta de elegibilidad de educación especial de su hijo para que el
comité de admisión, revisión y retiro (ARD) pueda usar esta información al tomar en cuenta la necesidad de
cambios en el programa educativo individualizado (IEP) y/o el plan de intervención debido a la conducta
(BIP). Por favor llame a (inserte nombre y número de teléfono) si desea programar una reunión con el comité
ARD para revisar el IEP o el BIP de su hijo.
Los Reglamentos del Comisionado para la Educación Especial, Sección 89.1053. Procedimientos para el
Uso de Contención Física y Separación, indica que la contención física de un estudiante con alguna
discapacidad puede ser usado sólo en una situación de emergencia claramente definida. Las escuelas deben
informarle a los padres cuando es necesario usar la contención física para intentar proteger al estudiante, a
los otros estudiantes o para prevenir daños graves a la propiedad.
Por favor comuníquese con (inserte nombre y número de teléfono) si desea programar una reunión para
hablar sobre la conducta que llevó al uso de la contención física. Si tiene otras preguntas, comuníquese
conmigo llamando al (inserte número de teléfono).
Muy atentamente,
Administrador de la escuela
cc: Carpeta de Elegibilidad para la Educación Especial
Anexos
79
Written Summary of Restraint Use*
Student name:____________________________________
Date of restraint:_____________ Time began:_______________ Time ended:__________________
Nature of restraint (describe type of approved physical restraint used)
 One Person
 Two Person
 Team
Location of restraint:_____________________________________________
Describe method of restraint: ________________________________________________________________
__________________________________________________________________________________________
Name(s) of staff member(s) administering restraint: _______________________________________
_______________________________________
Description of activity in which student was engaged immediately preceding the use of restraint: _______
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Student’s behavior that prompted the restraint:
 Threat of imminent serious physical harm to himself/herself.
 Threat of imminent serious harm to others.
 Threat of imminent serious property destruction.
Explain: ____________________________________________________________________________
____________________________________________________________________________________
Efforts made to de-escalate the situation:
 Provided choices 
 Verbal redirection 
 Reduced demands 
 Reduced verbal interaction

 Calming techniques


 Other ______________________
Explain: ____________________________________________________________________________
____________________________________________________________________________________
Alternatives to restraint that were attempted:
 Removal of other students
 Request for assistance
 Other ________________
 Voluntary removal of student to another location
Explain: ____________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Observation of student at end of restraint: ______________________________________________________
___________________________________________________________________________________________
* Send to parent within one day from date of restraint
White Copy: Mailed/Given to Parent: ________________(date)
Yellow Copy: Special Education Eligibility Folder
80
Resumen Escrito del Uso de Contención Física*
Nombre del estudiante:____________________________________
Fecha de la contención física:___________ Hora de inicio:___________ Hora de finalización:__________
Naturaleza de la contención física(describa el tipo de contención física aprobada que se usó)
 Una persona
 Dos personas
 Equipo
Lugar de la contención física:_____________________________________________
Describa el método de contención física: _______________________________________________________
__________________________________________________________________________________________
Nombre(s) del personal que administró la contención física: __________________________________
__________________________________
Descripción de la actividad en la que participaba el estudiante inmediatamente antes del uso de la contención física:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Conducta del estudiante que dio lugar a la contención física:
 Amenaza de grave daño físico inminente a sí mismo.
 Amenaza de grave daño físico inminente hacia los demás.
 Amenaza de grave destrucción inminente a la propiedad.
Explique: ___________________________________________________________________________
____________________________________________________________________________________
Intentos realizados para desescalar la situación:
 Darle opciones

 Reorientación verbal

 Técnicas para calmarlo


 Reducir las exigencias
 Reducir la interacción verbal  Otros ______________________
Explicar: ____________________________________________________________________________
____________________________________________________________________________________
Alternativas que fueron intentadas distintas a la contención física:
 Retiro de otros estudiantes  Pedir ayuda
 Otras ______________
 Retiro voluntario del estudiante a otro lugar
Explique:____________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Observación del estudiante al final de la contención física: ________________________________________
__________________________________________________________________________________________
* Debe ser enviado al padre dentro del primer día de la fecha de la contención física
Copia blanca: Enviada /Entregada al padre: ________________(fecha)
Copia amarilla: Carpeta de Elegibilidad de Educación Especial
81
MIDLAND INDEPENDENT SCHOOL DISTRICT
DETERMINATION OF NEED FOR SURROGATE PARENT AND
APPOINTMENT OF FOSTER PARENT/SURROGATE PARENT
Student Name:_____________________________________________________
Date of Birth: _____________________________________________________
School/Campus: ___________________________________________________
ID#: ____________________________________________________________
DEFINITION OF PARENT: As applies to the Individual with Disabilities Education Act (IDEA), the term parent means (1) a natural parent or
adoptive parent of a child; (2) a guardian but not the State if the child is a ward of the State; (3) a person acting in the place of a parent
(grandparent, or step-parent with whom the child lives, or a person who is legally responsible for the child’s welfare); or (4) a surrogate parent
who has been appointed in accordance with federal and state law.
DISTRICT HAS DETERMINED:
that the student has no parent; or
after reasonable attempts, the parent has not been located; or
the student is a ward of the State. (In Texas that means the Department of Protective and Regulatory Services is appointed
as the temporary or permanent managing conservator of the child.)
If the District determines that any of the above apply, then it is the District’s responsibility to determine whether the foster parent (if there is one)
is eligible to serve as parent, or appoint a surrogate parent.
FOSTER PARENT ELIGIBILITY TO SERVE AS PARENT
The student has been placed with a foster parent for at least sixty (60) days. (If NO, skip to section titled Appointment Yes
Surrogate Parent).
Yes No
No
of
The foster parent agrees to participate in making educational decisions on the child’s behalf and complete a training
program within 90 days of the initial assignment as the surrogate parent that complies with minimum standards
established by agency rules.
The foster parent has no interest that conflicts with the child’s interests.
Yes No
If Yes, is answered to all of the above, the foster parent DOES meet the criteria to serve as parent and there is no need to appoint a surrogate
parent.
In No, is answered to any of the above, the foster parent DOES NOT meet the criteria to serve as parent. (If foster parent does not meet the
criteria, then the district must appoint a surrogate parent).
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APPOINTMENT OF SURROGATE PARENT
The District appoints ____________________________________________ to serve as a Surrogate Parent.
The District shall give preferential consideration to a foster parent of a child with a disability when assigning a surrogate parent for the child if
(1) the Department of Protective and Regulatory Services is appointed as the temporary or permanent managing conservator of the child; and (2)
the child has been placed with the foster parent for at least sixty days; and (3) the foster parent agrees to participate in making educational
decisions on the child’s behalf and complete a training program for surrogate parents that complies with minimum standards established by
agency rule; and (4) the foster parent has no interests that conflict with the child’s interest.
RESPONSIBILITIES OF SURROGATE PARENT
As an individual assigned to act as a surrogate parent for a child with a disability, I agree to:
(Surrogate’s initials)
________ Complete a training program that complies with minimum standards established by agency rule 19TAC 89.1047
within 90 calendar days after the initial assignment as a surrogate.
________ Visit the child and the child’s school.
________ Consult with the persons involved in the child’s education, including, teachers, caseworkers, court-appointed
volunteers, guardians ad litem, attorneys ad litem, foster parents, and caretakers.
________ Review the child’s educational records.
________ Attend meetings of the child’s Admission, Review, and Dismissal (ARD) Committee.
________ Exercise independent judgment in pursing the child’s interest.
________ Exercise the child’s due process rights under applicable state and federal law.
ASSURANCES FOR ASSIGNING SURROGATE PARENT
The public agency assures that the surrogate parent:
is not an employee of the Texas Education Agency, the District, or any other agency that is involved in the education or care
of the child.
has no interest that conflicts with the interest of the child he/she represents; and
has knowledge and skills that ensure adequate representation of the child.
___________________________________________________
Signature of Foster Parent/Surrogate
_________________________________
Date
___________________________________________________
Signature of District Representative
_________________________________
Date
If a school district denies a foster parent the right to serve as a surrogate parent, the school district must provide the foster parent with written
notice of such denial within 7 calendar days after the date in which the decision is made in accordance with 19 TAC 89.1047 (d)
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Documentation of Required Training
This is to verify that I have received an initial copy of a Training Manual for Surrogate/Foster
Parents that provides me with specific information concerning the surrogate parent
process, as well as, the child-centered educational process.
This information was explained to me during a training session conducted by:
__________________________________________
Name of Person Training
_________________________________
Date
__________________________________________
Position of Person Training
My signature below indicates that I have initially received a
copy of the Training Manual for Surrogate/Foster Parents on
the date specified and that I understand its contents.
__________________________________________
Signature of Parent, Surrogate/Foster Parent
Guardian or Adult Student
_________________________________
Date
__________________________________________
Print Name of of Parent, Surrogate/Foster Parent
Guardian or Adult Student
__________________________________________
Signature of Interpreter (if used)
_________________________________
Date
__________________________________________
Printed Name of Interpreter (if used)
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ARD AGENDA
Midland Independent School District
Department of Special Education
If the child’s parent is unable to speak English*, Midland ISD will make reasonable efforts to ensure that the parents
understand, and are able to participate in; any group discussion relating the educational placement of their child including
arranging for an interpreter for parents whose native language is other than English.
*Based on the information on the Home Language Survey and any additional parent information.

ARD must be interpreted and taped, unless parent decline said service.

If parent declines interpreter/tape, document in the minutes that the parent declined the service and WHY.

If the LEP parent is not in attendance, the ARD and a tape summarizing the meeting in their native language must
be sent home.

All notices and consents have an interpreter line; make sure it is signed by the appropriate person.

LPAC information must be reviewed and LPAC discussion must be documented in minutes.

If anyone on the committee is serving as the LPAC representative and as another required member, they must
sign on both signature lines.
1.
ARD Notice
2.
Introduction
3.
Define Purpose of Meeting
4.
Review Determination of Present Levels of Academic Achievement and Functional Performance (PLAFPs) and Needs
5.
Determine Eligibility
6.
Consider Special Factors and Assistive Technology
7.
Review Current IEP
8.
Review New Goals/Objectives and Modifications
9.
Determination of Participation in State or District-wide Assessment
Including All State, District, and Student Success Initiative
10. Least Restrictive Environment
11. Placement
12. Schedule of Services
13. Assurances
14. Read Minutes
15. Signatures
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ARD AGENDA
Midland Independent School District
Department of Special Education
If the child’s parent is unable to speak English*, Midland ISD will make reasonable efforts to ensure that the parents
understand, and are able to participate in; any group discussion relating the educational placement of their child including
arranging for an interpreter for parents whose native language is other than English.
*Based on the information on the Home Language Survey and any additional parent information.

ARD must be interpreted and taped, unless parent decline said service.

If parent decline interpreter/ tape, document in the minutes that the parent decline the service and WHY

If the LEP parent is not in attendance, the ARD and a tape summarizing the meeting in their native language must
be sent home.

All notices and consents have an interpreter line; make sure it is signed by the appropriate person.

LPAC information must be reviewed and LPAC discussion must be documented in the minutes.

If anyone on the committee is serving as the LPAC representative and as another required member, they must
sign on both signature lines.
1.
Aviso de ARD
2.
Introducción
3.
Definir Objetivo de la Reunión
4.
Examinar Determinación de Niveles Presentes de Logro Académico e Interpretación Funcional (PLAFPs) y Necesidades
5.
Determinar Elegibilidad
6.
Considerar Factores Especiales y Asistencia Tecnológica
7.
Revisar el IEP Actual
8.
Repasar Metas, Objetivos y Modificaciones Nuevas
9.
Determinación de Participación en Evaluaciones Estatales y del Distrito Incluyendo La Iniciativa Para el Éxito Estudiantil
(SSI) del Estado y del Distrito
10. Ambiente de Menor Restricción
11. Colocación
12. Lista de Servicios
13. Aseguramientos
14. Leer Minutas
15. Firmas
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FITNESSGRAM Exemptions for Students with Disabilities
Statutory References and Expectations for Data Submission
The Texas Education Code (TEC) permits an exemption for students with disabilities from participating in the physical fitness
assessment, as indicated in the code below:
TEC § 38.101. ASSESSMENT REQUIRED.
(a) Except as provided by Subsection (b), a school district annually shall assess the physical fitness of students enrolled in
grades 3 through 12.
(b) A school district is not required to assess a student for whom, as a result of disability or other condition identified by
commissioner rule, the assessment instrument adopted under Section 38.102 is inappropriate.
A “student with a disability” may be able to participate like any other student or with modifications and/or
adaptations. A student receiving special education services should not be restricted from participating in the
assessment based solely on the student’s eligibility for special education services. Only students who meet the
“restricted” definition must be temporarily and/or permanently restricted from participation.
TAC §74.31. Health Classifications for Physical Education.
For physical education, a district must classify each student, on the basis of health, into one of the following
categories.
(1) Unrestricted (not limited in activities).
(2) Restricted (excludes the more vigorous activities).
(A) Permanent. The parent must provide the school written documentation concerning the
nature of the impairment and the expectations for physical activity for the student.
(B) Temporary. The student may be restricted from physical activity of the physical education
class. when the school is provided written documentation concerning the nature of the temporary
impairment and the expected amount of time for recovery. During recovery time, the student
must continue to learn the concepts of the lessons but may not actively participate in the skill
demonstration.
A student can be completely or partially exempted from the six test items required for assessment with the FITNESSGRAM
assessment instrument based on the conditions of their disability .The Physical Education teacher should be involved when
determining the need for exemption.
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INTERPRETER SELECTION, PREPARATION AND USE

An interpreter is a person who conveys meaning from the first language to the second language and back again.

An interpreter is appropriate when needed to facilitate effective communication between school staff and parents/students whose primary
language is not English or to insure that critical communication with a parent and/or student is in his/her native language or other mode of
communication. This would include when:
A. explaining the parental rights outlined in the Notice of Procedural Safeguards: Rights of Parents of Students with
Disabilities;
B. explaining notice of an ARD committee meeting, or Full and Individual Evaluation;
C. necessary to complete Full and Individual Evaluation in the student’s native language or other mode of
communication;
D. needed to assist in conducting the ARD committee meeting; or
E. at any other time determined appropriate by the building administrator to ensure the provision of a free, appropriate,
public education.

When an interpreter is not available on the local campus, or from within the local community, assistance will be provided
by the central special education office.

All information discussed with a parent regarding his/her child should be regarded as confidential. An interpreter should never discuss any
information shared during conferences, testing situations, or ARD meetings outside of the meeting.
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VOCATIONAL PROGRAMS FOR STUDENTS WITH DISABILITIES
Pre-Vocational



On campus instruction
Job sites with teacher/assistants as job coaches
Adult contact and constant adult supervision
VAC – Vocational Adjustment Class






Students have to be 16 years of age
On campus instruction in job related areas – Ex: job etiquette, interviews, applications
½ day to full day work sites
Training work sites – no pay or worksites available for pay
Adult contact weekly (job coaches, if needed)
Periodic evaluations by employer
Post-Secondary Transition Program – “Life College”




Students have to be 18 or older
Functional academics
Completed course requirements for graduation
Goal is to allow students ability to develop skill levels to perform task/jobs with time limited support and
become independent employees
Staffing committee will:







Conduct a student observation/interview for placement
Review office referrals
Determine that high school credit requirements have been met
Determine that the student is 18 years or older
Verify that the student possesses a social security number or work permit
Verify that the student possesses an ID card or the ability to obtain one
Verify that parental/student expectation is for the student to obtain part-time or full-time independent
employment after graduation.
Outcomes for disabled students in the work force:





To become a contributing member of the community
To be productive in the work environment
To have the ability to identify and/or access community services/contacts
Discover vocational interests and aptitudes
Improve their self-concept and enlighten others of the abilities of the disabled

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
Movement between campuses:
•
When a student moves to a new attendance area, special education services will be provided by the school and/or
program serving that area.
•
Students eligible for special transportation at the time of a change of campus will continue to receive
transportation services. The Transportation Department shall be notified in order to verify that they are aware of
the student’s move to the new attendance area.
•
A student served in special education may elect to move from his/her home campus to another using the district’s
regular transfer process. No ARD is required to continue implementation of current IEP.
Note: Special transportation is not provided to students who request transportation solely as the
result of a transfer initiated by the parent.

Life Skills Grade Progression
Please remember that grade placement is not an ARD committee decision EXCEPT for the 5th and 8th
grade, per Student Success Initiative guidelines. It is an administrative decision.
These are recommendations for any student receiving functional skills instruction AND with the
probability of being enrolled in school to age 22:
If the student:
o
o
o
Has been retained once in elementary and/or will be 13 on or before September 1 st, he/she
should move to the junior high.
Has been at the junior high for three years and/or is 16 years of age on or before September 1 st,
he/she should go to the High School.
18 years of age on or before September 1 st and completed graduation course requirements,
he/she should be considered for the Life College program if he/she meets eligibility
requirements. (See vocational)
All secondary students should be assigned to the Life Skills class on their home campus unless approved
otherwise by the Executive Director of Special Education and/or Dr. Bill Maurer. Parents who choose
parental transfer of their student to another campus should be provided with all the district administrative
rules and regulations pertaining to this type of transfer.

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