On-Site Monitoring System
Compliance Review for Students
LEA Name:
LEA County District #:
Date of Self Analysis:
Date of On-site:
A
B
LEA Documentation
Compliance Check
Any No indicates a
noncompliant item
A check for Yes indicates
100% compliance on review
sample
The LEA has a system to ensure 100% compliance
on the following items which are required to be
documented in the ARDC documentation:
Sources of Documentation for
Compliance Verification
Non-compliance Information
Identify by student code
(Mark the number(s) of the
corresponding source of
documentation for each statement.
See list of sources an end of this
document.)
Determination of Parent
Please identify students to be reviewed by code in the
shaded boxes below.
Compliance
Determination
Y
N
Y
N
Sources of Documentation
A foster parent may serve as a parent of a child with a
disability if the following criteria are met:

Department of Family and Protective Services
is appointed as the temporary or permanent
managing conservator of the child;

The child has been placed with the foster
family for at least 60 days;

The foster parent agrees to participate in
making educational decisions on the child’s
behalf;

The foster parent has no interest that conflicts
with the child’s interests; and

The foster parent agrees to complete a training
program for surrogate parents that complies
with the training program requirements as
designated in TEC 29.001
TEC 29.015
Surrogate Parent
Unless appointed by the judge overseeing the child’s
care, the LEA must appoint a surrogate parents
whenever:

The parents of the child are not known;

The LEA cannot, after reasonable efforts,
locate the parents;

The child is a ward of the state; or

The child is an unaccompanied homeless
youth.
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300.519
1415(b)(2)
42 USC 11434(a)(6)
The LEA must ensure that a person selected as a
surrogate parent is not:

An employee of the Texas Education Agency

An employee of the LEA

An employee of any other agency that is
involved in the education or care of the child;
or

A person with a personal or professional
interest that conflicts with the interest of the
child the surrogate represents.
300.519 (d) (2)
1415(b)(2)
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Early Intervening Services
Y
N
Prior to referral, the child should be considered for all
support services available to all children such as:

tutorial;

remedial services; and

compensatory services.
TAC 89.1011
Y
N
A child must not be determined to be a child with a
disability if the determinant factor for such
determination is:

lack of appropriate instruction in reading,
including the essential components of reading
instruction as defined in the Elementary and
Secondary Education Act;

Lack of instruction in math; or

Limited English proficiency.
1414(b)(5)
6368(3)
Referral for Possible Special Education Services
Notes:
Evaluation Procedures
Y
N
Page 2 of 42
The initial evaluation must be conducted and the
evaluation report completed within 45 school days of
receiving parental consent for the evaluation, unless:

The parent of a child repeatedly fails or
refuses to produce the child for the evaluation;
or

When a child enrolls in a school served by the
LEA after the 45 school day timeframe has
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Page 3 of 42
begun, the LEA must comply with the transfer
The ARDC
must provide
an explanation of the extent, if
students
framework.
any,
to which the
300.301(c)((1),
(d)child
(1) will participate with nondisabled
children:
TEC 29.004(a)

In the regular class;
1414(a)(1)(C)(i)

In the must
general
curriculum; and
A re-evaluation
occur:

In
othera year,
nonacademic
Not extracurricular
more frequently and
than once
unless
activities.
the parent and the LEA agree otherwise; and
300.320(a)(4)(ii-iii)

At least once every 3 years, unless the parent
and the LEA agree that a re-evaluation is
unnecessary.
The ARDC
must determine the appropriate length of
300.303(b)(1)(2)
school
day.
1414(a)(2)(B)
The group that collects or reviews evaluation data must
include, but is not limited to the following members:

A licensed specialist in school psychology;
89.1075(d)

An educational diagnostician;

Other
certified orinstructional
licensed
The ARDC
mustappropriately
specify the appropriate
practitioner with experience and training in the
arrangement/setting.
300.115(b)area of the disability; or
89.1075(d)

A licensed or certified professional for a
89.64(c) specific eligibility category as specified in the
applicable eligibility category.
300.306 (a)(1)
Residential Educational Placement
89.1040(b)(1)(2)
When
making a residential educational placement, the
1414(b)(4)(A)
ARDC
must:
The group
must
useservices
a varietywhich
of assessment
tools
and to

List the
the LEA is
unable
strategies toprovide
gather and
relevant
functional,
developmental,
which
the facility
will provide;
and academic
information,
information

Establish
criteriaincluding
and estimated
timelines for
provided bythe
thechild’s
parent,return
that may
assist
in determining:
to the
LEA;
 Whether
the residential
child has aplacement
disability; is
and
Verify that
needed;
 The
content
of the child’s
IEP,
including
Verify
the placement
is the
LRE
for the child;
information related to enabling the child to be
89.61(a)(4)
involved in and progress in the general
education
for preschool
When selecting
a curriculum,
residential or,
placement
facility, the
children, to participate in appropriate
ARDC must:
activities.

indicate the appropriateness of the facility for
300.304(b)(1)(i)(ii)
the child;
300.306(a)(1)

verify that the facility meets minimum
1414(b)(2)(A)
standards for the child;
Disability

verify the educational program provided
at the Conditions
For all evaluations,
the childismust
be assessed
residential facility
appropriate;
and in all
areasof suspected
make an disability.
initial and annual on-site visit to verify
300.304(c)(4)
that the facility can, and will, provide the
1414(b)(3)(B)
services listed in the IEP which the facility has
agreed to provide the child.
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Y
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Page 4 of 42
89.61(a)(4)(D-F)
Auditory Impairment
For auditory impairment, a group of qualified
professionals
When
placingmust
the student
include,atbut
the isTSBVI
not limited
or TSD,
to: the
ARDC
 must:
An otologist to perform an otological

List
those services
examination;
or in the child’s IEP which
TSBVI
or the
TSD can
appropriately
provide;

A licensed
medical
doctor,
with

Include
in the child’s
the criteria
documentation
that anIEP
otologist
is notand
reasonablytimelines
estimated
available;forand
returning the child to
the
residentaudiologist
LEA; and to perform an

A licensed

Determine
it is necessary for the
audiologicalwhether
evaluation.
safety of the child for an adult to accompany
300.306(a)(1)
89.1040(b)the child when transporting the child at the
beginning and the end of the term, for
89.1040(c)(3)
regularly
school
holidays,
if the
The evaluation
datascheduled
reviewed by
the group
mustand
include:
child
must be accompanied,

An otological
examination; designate the
adult
to accompany
the child.and

An audiological
evaluation;

A description of the implications of the
89.1085(c)hearing loss in a variety of circumstances with
89.1090 or without recommended amplification.
89.1040(c)(3)
Supplementary
and auditory
Services, Special Education and Related Services
A child may be
considered to be Aids
child with
The
ARDC must
impairment
if: determine needed supplementary aids
and services
be provided
to the child
or on behalf

Thetoauditory
impairment
adversely
affects of
the
the child. child’s educational performance;

By reason of the auditory impairment, the
300.320(a)(4)
child needs special education and related
89.1050(a)(1)
services; and

The child has deafness meaning such a severe
The ARDC
must determine
education
hearing
loss that itneeded
impairsspecial
processing
of
services. linguistic information through hearing:
With amplification; or
300.320(a)(4)Without amplification; or
89.1050(a)(1)The child has a hearing impairment not
included in the definition of deafness that
The ARDC must
is: determine needed related services.
A permanent impairment of hearing; or
300.320(a)(4) A fluctuating impairment of hearing.
89.1050(a)(1)
300.8(c)(3)(5)
89.1040(c)(3)
1401(3)(A)
The ARDC must determine needed program
modifications
ordetermine
supports for
The group must
theschool
child’spersonnel
potential that
for will
be
provided to enable
thea child
to:of means, including:
communication
through
variety

Advance
appropriately
Oral(spoken)
means; toward attaining the
annual
goals; means;

Aural (hearing)

Be
involved
in and
Finger
spelling;
or make progress in the
general
education curriculum and be afforded

Sign language.
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an equal opportunity to participate in
TEC 30.083(a)(6)
extracurricular and other nonacademic
activities including, to the maximum extent Autism
appropriate,
in nonacademic
and if:
A child may
be considered
to be a childsettings
with autism
services.

The child has a developmental disability
300.320(a)(4)(i-ii)
significantly affecting:
89.1050(a)(1)
1. verbal communication;
2. nonverbal communication; and
3. social interaction.
300.8(c)(1)(i)
89.1040(c)(1)
1401(3)(A)
The autism adversely affects the child’s educational
performance; and by reason of the autism, the child
needs special education and related services.
300.8(a)(1)
89.1040(c)(1)
1401(3)(A)
A child may not be considered to be a child with autism
if the child’s education performance is adversely
affected primarily because the child has an emotional
disturbance.
300.8(a)(1)
89.1040(c)(1)
1401(3)(A)
The group must make specific recommendations for
behavioral interventions and strategies.
300.8(a)(1)
89.1040(c)(1)
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N
Y
N
Emotional Disturbance
Emotional disturbance does not include social
maladjustment, unless the child also has an emotional
disturbance under the other criteria listed below.
300.8(c)(4)(ii)
A child may be considered to be a child with emotional
disturbance if the child exhibits one or more of the
following:

an inability to learn that cannot be explained
by intellectual, sensory, or health factors;
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Page 5 of 42
Compliance Folder Review Template
Program Review

an inability to build and 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
300.8(c)(4)(i)(A-E)
89.1040(c)(4)
1401(3)(A)
Y
Y
Y
N
N
N
Page 6 of 42
The characteristics is/are exhibited by the child:

over a long period of time; and

to a marked degree;
30.8(c)(4)(i)
89.1040(c)(4)
1401(3)(A)
The emotional disturbance adversely affects the child’s
educational performance; and by reason of the emotional
disturbance, the child needs special education and
related services.
300.8(c)(4)(i)
300.8(a)(1)
89.1040(c)(4)
Deaf-Blindness
A child may be determined to be child with deafblindness if:

The child meets the specific eligibility criteria
for Auditory and Visual Impairment; or

The child meets eligibility criteria for Visual
Impairment and has a suspected hearing loss
that cannot be demonstrated conclusively, but
there is no speech at an age when speech
would normally be expected, as determined by
a speech/language therapist, a certified speech
and language therapist, or a licensed speech
language pathologist; or
300.8(c)(2)
89.1040(c)(2)(A-D)
1401(3)(A)
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The child has documented:

Hearing and visual losses that, if considered
individually, may not meet the requirements
for auditory impairment or visual impairment,
but the combination of such losses adversely
affects the student’s educational performance;
or

Medical diagnosis of a progressive medical
condition that will result in concomitant
auditory and visual losses that, without special
education intervention, will adversely affect
educational performance; and

The combination of auditory and visual
impairments causes such severe
communication and other developmental and
education needs that they cannot be
accommodated in special education programs
solely for children with deafness or children
with blindness; and

By reason of the deaf-blindness, the child
needs special education and related services.
300.8(a)(1)
89.1040(c)(2)(A-D)
1401(3)(A)
For a child from birth through two years of age with
Visual and/or Hearing impairments, an individualized
family service plan (IFSP) meeting must be held in place
of an ARD committee meeting.
89.1050(b)
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Page 7 of 42
Mental Retardation
The child may be considered to be a child with mental
retardation if:

When given a standardized individually
administered test of cognitive ability, the child
demonstrates significantly sub average general
intellectual functioning in which the overall
test score is at least 2 standard deviations
below the mean, when taking into
consideration the standard error of
measurement of the test;

The child demonstrates concurrent deficits in
at least 2 of the following areas of adaptive
behavior:
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1. communication;
2. self-care;
3. home living;
4. social/interpersonal skills;
5. use of community resources;
6. self-direction;
7. functional academic skills;
8. work;
9. leisure;
10. health; and
11. safety
300.8(c)(6)
89.1040(c)(5)(A-B)
1401(3)(A)
Y
Y
Y
N
N
N
Page 8 of 42
The child’s deficits are manifested during the
developmental period; and by reason of the mental
retardation, the child needs special education and related
services.
300.8(a)(1)
1401(3)(A)
Multiple Disabilities
A child may be considered to be a child with multiple
disabilities if:

the child has 2 or more impairments occurring
simultaneously, such as: mental retardation –
blindness; and mental retardation-orthopedic
impairment;

the disabilities are expected to continue
indefinitely;
300.8(c)(7)
89.1040(c)(6)(A)
1401 (3)(A)
The disabilities severely impair the child’s performance
in two or more of the following areas:

psychomotor skills;

self-care skills;

communication;

social and emotional development; or

cognition.
300.8(c)(7)
89.1040(c)(6)(A)(ii)(I-V)
1401 (3)(A)
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The combination of disabilities causes such severe
educational needs that they cannot be accommodated in
special education programs solely for one of the
impairments; and by reason of the multiple disabilities,
the child needs special education and related services.
300.8(1)
1401(3)(A)
Noncategorical Early Childhood
The child is between the ages of 3-5; and the child meets
the specific eligibility criteria for one of the following:

mental retardation;

emotional disturbance;

specific learning disabilities; or

autism.
89.1040(c)(13)
Orthopedic Impairment
The group of qualified professionals must include a
licensed physician.
300.306(a)(1)
89.1040(b)
89.1040(c)(7)
Y
N
Y
N
The child has been determined to have a severe
orthopedic impairment.
300.8(c)(8)
89.1040(c)(7)
1401(3)(A)
Y
N
The severe orthopedic impairment adversely affects a
child’s educational performance; and by reason of the
severe orthopedic impairment, the child needs special
education and related services.
300.8(c)(8)
89.1040(c)(7)
1401(3)(A)
Y
N
Y
N
Page 9 of 42
Other Health Impairment
The group of qualified professionals must include a
licensed physician.
300.306(a)(1)
89.1040(b)
89.1040(c)(8)
The child has chronic or acute health problems such as:

asthma;
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Compliance Folder Review Template
Program Review

attention deficit disorder or attention deficit
hyperactivity disorder;

diabetes;

epilepsy;

heart condition;

hemophilia;

lead poisoning;

leukemia;

nephritis;

rheumatic fever;

sickle cell anemia; and Tourette syndrome.
300.8(c)(9)(i)
89.1040(c)(8)
1401(3)(A)
Y
Y
Y
N
N
N
Page 10 of 42
The health problems manifest themselves as:

limited strength;

limited vitality; or

limited alertness.
300.8(c)(9)(i)
89.1040(c)(8)
1401(3)(A)
The other health impairment adversely affects the
child’s educational performance and by reason of the
OHI the child needs special education and related
services.
300.8(a)(1)
1401(3)(A)
Specific Learning Disability
The group of qualified professionals must include:

at least one person to conduct individual
diagnostic examinations of children, such as a
licensed specialist in school psychology, an
educational diagnostician, or an other
appropriately certified or licensed practitioner
with experience and training in the area of
disability; and

a teacher from one of the following categories:
the child’s regular education teacher; a regular
classroom teacher qualified to teach a child of
his/her age, if the child does not have a regular
teacher; or an individual qualified by the TEA
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Page 11 of 42
to teach a child of his/her age, for a child of
less than school age.
300.306(a)(1)
300.308(b)
89.1040(b)
If the child has participated in the process that assesses
the child’s response to scientific research-based
intervention, the documentation of the specific learning
disability determination of eligibility must contain a
statement of:

the instructional strategies used and the
student-centered data collected; and

the documentation that the child’s parents
were notified about the state’s policies
regarding the amount and nature of student
performance data that would be collected and
the general education services that would be
provided; strategies for increasing the child’s
rate of learning; and the parents’ right to
request an evaluation.
300.306(a)(1)
300.308(a)(1-3)
Documentation of an observation in the child’s learning
environment must contain a statement of:

the relevant behavior, if any, noted during the
observation of the child; and

the relationship of that behavior to the child’s
academic functioning.
300.311(a)(3)
89.1040(c)(9)(A)
The child does not achieve adequately for the child’s age
or to meet state-approved grade-level standards in one or
more of the following areas:

oral expression;

listening comprehension;

written expression;

basic reading skill;

reading fluency skills;

reading comprehension;

math calculation;

math problem-solving..
300.309(a)(1)(i-viii)
89.1040(c)(9)(B)(ii)
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Page 12 of 42
The child’s lack of adequate achievement is indicated by
performance on multiple measures: such as

in-class tests;

grade average over time;

norm-or criterion referenced tests;

statewide assessments,;or

a process based on the child’s response to
scientific research-based intervention.
89.1040(c)(9)(B)(ii)
The child has a SLD which 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 the imperfect ability to listen,
think, speak, read, write, spell, or to do mathematical
calculations, including conditions such as perceptual
disabilities, brain injury, minimal brain dysfunction,
dyslexia, and developmental aphasia; and by reason of
the SLD, the child needs special education and related
services.
89.1040(c)(9)(B)(ii)
RTI Model
When using a process based on the child’s response to
intervention to determine a SLD, including:

repeated, curriculum-based assessments of
achievement;

at reasonable intervals and

reflecting student progress during classroom
instruction.
89.1040(c)(9)(B)(ii)(I)
The child does not make sufficient progress to meet age
or state-approved grade-level standards when provided a
process based on the child’s response to scientific
research-based interventions as indicated by the child’s
performance relative to the performance of the child’s
peers.
89.1040(c)(9)(B)(ii)(I)
Pattern Of Strengths And Weaknesses
When applying the state’s pattern of strengths and
weaknesses model, the child exhibits a pattern of
strengths and weaknesses in:

Performance;

Achievement; or

Both
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Relative to:

Age;

State approved grade-level standards; or

Intellectual development
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; and

The pattern is relevant to the identification of
a specific learning disability using appropriate
assessments.
89.1040(c)(9)(B)(ii)(II)
Y
Y
Y
N
N
N
Page 13 of 42
The documentation of the determination of SLD
eligibility must contain a statement of the determination
of the group concerning the effects on the child’s
achievement level of:

A visual, hearing, or motor disability;

Mental retardation;

Emotional disturbance;

Cultural factors;

Environmental or economic disadvantage; or

Limited English proficiency.
300.311(a)(6)
1401(30)
The group must determine that its findings are not
primarily the result of:

A visual, hearing, or motor disability;

Mental retardation;

Emotional disturbance;

Cultural factors;

Environmental or economic disadvantage; or

Limited English proficiency.
300.8(c)(10)
300,309(a)(3)(ii)
1401(3)(A)
1401(30)
Determinant Factor
The group shall document data that demonstrate that
prior to, or as part of, the referral process, the child was
provided with instruction which was:

Delivered by qualified personnel;

Within regular education settings;
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
Appropriate in the areas of reading; and/or

Appropriate in the area of mathematics.
300.309(b)(1)
89.1040(c)(9)(A)(i)
6368(3)
Data-based documentation of repeated assessments may
include, but not be limited to:

At reasonable intervals;

Reflecting formal evaluation of student
progress during instruction; and

Which was provided to the child’s parents.
300.309(b)(2)
89.1040(c)(9)(A)(ii)
The documentation of the determination of SLD
eligibility must contain a statement of:

Whether the child has SLD;

The basis for making the determination,
including an assurance that the determination
has been made in accordance with the
evaluation procedures; and

The educational relevant medical findings, if
any.
300.31(a)(2)
1401(30)
Y
N
If the report does not reflect a group member’s
conclusion, that group member must submit a separate
statement presenting the member’s conclusion.
300.311(b)
Y
N
Each group member must certify in writing whether the
report reflects the member’s conclusion.
300.311(b)
Y
N
Page 14 of 42
Speech or Language Impairment
The group of qualified professionals must include:

A certified speech and hearing therapist;

A certified speech and language therapist; or

A licensed speech/language pathologist.
300.306(a)(1)
89.1040(b)
89.1040(c)(10)
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Page 15 of 42
A child may be determined to be a child with speech or
language impairment if:

The child has a communication disorder, such
as, stuttering, impaired articulation, a language
impairment, or a voice impairment;

The speech or language impairment adversely
affects the child’s education performance; and

By reason of the speech or language
impairment the child needs special education
and related services.
300.8(a)(1)
1401(3)(A)
Traumatic Brain Injury
The group of qualified professionals must include a
licensed physician.
300.302(a)(1)
89.1040(c)(11)
A child may be considered a child with TBI if:

The child has an acquired injury to the brain
caused by an external physical force;

The injury results in total or partial functional
disability or psychosocial impairment or both;

Applies to both open or closed head injuries
resulting in impairment in one or more of the
following areas, such as: cognition; language;
memory; attention; reasoning; abstract
thinking; judgment; problem-solving; sensory,
perceptual, and motor abilities; psychosocial
behavior; physical functions; information
processing; and speech, but is not congenital;
degenerative; or induced by birth trauma.
300.8(c)(12)
89.1040(c)(11)
1401(3)(A)
The traumatic brain injury adversely affects the child’s
educational performance and by reason of the TBI, the
child needs special education and related services.
300.8(a)(1)
89.1040(c)(11)
1401(3)(A)
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Page 16 of 42
Visual Impairment
The group of qualified professionals must include:

A licensed ophthalmologist or optometrist; or

A professional certified in the education of
child with visual impairments or a certified
orientation and mobility instructor.
300.306(a)(1)
89.1040(b)
89.1040(c)(12)(A)(ii)
A child may be considered to be a child with visual
impairment if:

The child has a progressive medical condition
that will result in no vision or a serious visual
loss after correction; or

The child has no vision or has a serious visual
loss after correction.
300.8(c)(13)
89.1040(c)(12)(A)(i)(I)
1401(3)(A)
The visual impairment adversely affects educational
performance; and the functional vision evaluation and a
learning media assessment indicate that, by reason of the
visual impairment, the child has a need for special
education and related services.
300.8(c)(13)
89.1040(c)(12)(A)(i)(I)
1401(3)(A)
The licensed opthamologist or optometrist should
provide a statement in a written report of the child’s
prognosis whenever possible; and the licensed
opthamologist or optometrist must provide a statement
of:

visual loss in exact measure for the visual field
and corrected visual acuity at a distance and at
close range in each eye.

If the exact measure cannot be obtained, a
statement to that effect and best estimates.
300.8(c)(13)
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89.1040(c)(12)(A)(i)(I)
1401(3)(A)
Y
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Page 17 of 42
The functional vision evaluation conducted by a
professional certified in the education of children with
visual impairments or a certified orientation and
mobility instructor must:

Include the performance of tasks in a variety
of environments;

Require the use of both near and distance
vision; and

Contain recommendations concerning the
need for a clinical low vision evaluation and
an orientation and mobility evaluation.
300.8(c)(13)
89.1040(c)(12)(A)(ii)(I)
1401(3)(A)
The learning media assessment must be conducted by a
professional certified in the education of child with
visual impairments and must include recommendations
concerning:

Which specific visual, tactual, and/or auditory
learning media are appropriate for the child;

Appropriate reading and writing media
(including the child’s future needs for
instruction in Braille or the use of Braille); and

Whether or not there is a need for ongoing
evaluation in this area.
300.8(c)(13)
89.1040(c)(12)(A)(ii)(II)
1401(3)(A)
Based on the functional vision evaluation and learning
media assessment, the group must decide if the child is
functionally blind based on the following:

the child will use tactual media (which
includes Braille); and

the tactual media used by the child are the
child’s 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.
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
The group must also determine the child’s
strengths and weaknesses in Braille skills.
300.8(c)(13)
89.1040(c)(12)(B)
TEC 30.002(f)
1401(3)(A)
Individualized Education Program (IEP) development is determined by a properly constituted IEP Committee, including trained surrogate
parents, and based upon current evaluation data.
Y
N
The ARD committee means a group of individuals
composed of:








Page 18 of 42
The parents/guardians/surrogate parent of the
child;
not less than one regular education teacher of
the child (if the child is, or may be,
participating in the regular education
environment);
not less than one special education teacher of
the child, or if appropriate, at least one special
education provider of the child;
a representative of the LEA;
an individual who can interpret the
instructional implications of evaluation results
At the discretion of the parent or the agency,
other individuals who have knowledge or
special expertise regarding the child,
including related services personnel as
appropriate;
if transition is required, local adult service
agencies that are likely to be responsible for
providing or paying for transition services
must be invited, when appropriate; and
if appropriate and when the purpose of the
meeting will be the consideration of Transition
Services, the child;
for a child with an auditory impairment
including deaf-blindness, a teacher who is
certified in the education of children with
auditory impairments;
for a child with visual impairment, including
deaf-blindness, a teacher who is certified in
the education of children with visual
impairments;
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
for a child with Limited English proficiency, a
member of the LPAC when determining
participation in statewide assessments to
address the child’s language needs;

when considering initial or continued
placement of a student in CTE, a
representative from CTE, preferably the
teacher.
300.321(a)
300.321(b)
300.321(f)
1414(d)(1)
89.1131(b)(4)
101.1009
75.1023(d)(1)
Y
N
A member is not required to attend (in whole or in part)
if:

The member’s attendance is not necessary and
the member’s area of the curriculum or related
services is not being modified or discussed in
the meeting; and

The parent’s agreement is in writing.
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A member is excused from attending (in whole or in
part) if:

The meeting involves a modification of or
discussion of the member’s area of
curriculum or related services and the parent
and the LEA consent to the excusal;

The parent’s consent is in writing and the
member submits in writing to the parent and
the ARD committee input into the
development of the IEP prior to the meeting.
300.321(e)(2)(i)(ii)
141(d)(1)(C)
Parent Participation
Y
N
Page 19 of 42

Notice of the parent early enough to ensure
that the parent will have an opportunity to
attend the ARD meeting; and

Scheduling the meeting at a mutually agreed
on time and place.
Other Methods To Ensure Parent Participation
If neither parent can attend the ARD meeting, the LEA
must use other methods to ensure parent participation:
Notes:
Compliance Folder Review Template
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


Such as individual telephone calls;
Conference calls; or
A video conference as an alternative means of
participation, if the LEA and parent agree.
Conducting An ARDC Meeting Without A Parent In
Attendance

The LEA must keep a record of its attempts to
arrange a mutually agreed on time and place.

The LEA must keep documentation of notices.
300.322(a)(1);300.322(c); 300.322(d)(1-3);
300.501(b)(1)
Y
N
The LEA must take action to ensure that the parent
understands the proceedings of the ARDC meeting.
300.322(e)
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The LEA must:

Provide the parent with a written or audio taped
copy of the child’s IEP translated into Spanish
if Spanish is the parent’s native language; or

If the parent’s native language is a language
other than Spanish, make a good faith effort to
provide the parent with a written or audio taped
copy of the child’s IEP translated into the
parent’s native language
300.322(F)
TEC 29.005(d)
The ARD committee must review the child’s IEP
periodically, but not less than annually to determine
whether the annual goals are being achieved.
300.324(b)(1)(i)
200.1(f)(2)(v)
Y
N
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The ARD committee must determine the child’s
placement at least annually.
300.324(b)(1)(i)
200.1(f)(2)(v)
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Determination of Eligibility
Page 20 of 42
Compliance Folder Review Template
Program Review
Y
N
The ARDC must determine whether the child has a
disability; and who, by reason thereof, needs special
education and related services.
A child must not be determined to be a child with a
disability if the determinant factor for such is:

Lack of appropriate instruction in reading,
including the essential components of reading
instruction as defined by NCLB;

Lack of instruction in math; or

Limited English proficiency.
300.8(a)(1)
300.306(a)(b)
Y
N
The FIE is current.
N
The current evaluation data provided information related
to the student’s identified areas of disability
TAC §89.1040(b-c)
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Y
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Present Level Of Academic Achievement And Functional Performance
Y
N
THE ARD committee must provide a statement of the
child’s present levels of academic achievement.
Y
N
The ARD committee must provide a statement of the
child’s present levels of functional performance.
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These statements must include:

How the child’s disability affects the child’s
involvement and progress in the general
education curriculum; or

How the disability affects the preschool child’s
participation in appropriate activities.
300.320(a)(1)
State and District-wide Assessments
Y
N
Page 21 of 42
If the LEA administers any state or district-wide
assessments of achievement, the ARD committee must
provide a statement of any individualized appropriate and
allowable accommodations that are necessary to measure
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the academic achievement and functional performance of
the child on the assessment.
Notes:
If the ARD committee determines that the child must take
an alternate assessment on a particular state or districtwide assessment of achievement, provide a statement of:

Why the child cannot participate in the regular
assessment; and

Why the particular alternative assessment
selected is appropriate for the child.
If STAAR-ALT is determined appropriate, the ARDC
must determine that the child meets the following criteria:

The child requires supports to access the
general curriculum that may include assistance
involving communication, response style,
physical access, or daily living skills;

Requires direct intensive individualized
instruction in a variety of settings to
accomplish the acquisition, maintenance, and
generalization of skills;

Accesses and participates in the grade-level
TEKS through activities that focus on
prerequisite skills;

Demonstrates knowledge and skills routinely in
class by methods other than paper-pencil tasks;
and

Demonstrates performance objectives that may
include real-life applications of the grade-level
TEKS as appropriate to the child’s abilities and
needs.
300.320(a)(6)
89.1055(b)
200.1(d)
ARD Decision-making Guide
Y
N
Page 22 of 42
For a child who is also in the bilingual or ESL program,
the ARD committee in conjunction with the Language
Proficiency Assessment Committee (LPAC) must :

Provide a statement of why the child cannot
participate in the regular assessment;

Determine an appropriate assessment
instrument for indicating limited English
proficiency or for exit from a bilingual/ESL
program;

Designate the grade level and scores for
indicating limited English proficiency, or for
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exit, determine the performance level required
for exit.
300.320(a)(6)
89.1055(b)(2)
89.1225(f)(4)
Transition Services
Y
Y
Y
Y
N
N
N
N
Beginning no later than the first individualized
education program to be in effect when the child turns
14, or younger if determined appropriate by the ARDC
and updated annually thereafter, the ARDC must
address transition services as part of the IEP.
300.320(b)
89.1055(g)
1414(d)(1)(A)(i)(VIII)
If the child does not attend the ARDC meeting where
transition services are discussed, the LEA must take
other steps to ensure the child’s preferences and interests
are considered.
300.320(b)(2)
89.1050 (a)
The ARDC must develop appropriate measurable
postsecondary goals based upon age-appropriate
transition assessments related to:

training;

education;

employment; and

where appropriate, independent living skills.
300.320(b)(1)
1414(d)(1)(A)(i)(VIII)
The ARDC must determine transition services
(including course of study) needed to assist the child in
reaching those postsecondary goals.
300.320(b)(2)
Y
N
Page 23 of 42
The following issues must be considered in the
development of the IEP, and, if appropriate integrated
into the IEP:

appropriate child involvement in the child’s
transition to life outside the public school
system;
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
if the child is younger than 18 years of age,
appropriate parental involvement in the child’s
transition;

if the child is at least 18 years old, appropriate
parent involvement in the child’s transition, if
the parent is invited to participate by the adult
student or the LEA;

a functional vocational evaluation;

any postsecondary education options;

employment goals and objectives;

independent living goals and objectives;

if the child is at least 18 years of age, the
availability of age-appropriate instructional
environments; and

appropriate circumstances for referring a child
or the child’s parents to a governmental
agency for services.
If the participating agency fails to provide the transition
services as per the IEP, identify alternative strategies to
meet the transition objectives set out in the IEP.
300.324(c)(1)
TEC 29.011(1-9)
89.1055(g)(1-9)
Y
N
Adult Student/Notification of Transfer of Rights
The LEA must notify the adult student and the parents
of the transfer of rights, including a statement that
indicates:

Parents’ rights have transferred to the adult
student; and

contact information for the parties to use in
obtaining additional information
TAC 89.1049(c)
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Transfer of Rights at Age of Majority
Y
N
Beginning not later than one year before the child
reaches the age of 18, the ARDC must provide a
statement that the child has been informed of the child’s
rights under the IDEA, if any, that will transfer to the
child on reaching the age of 18.
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300.320(c)
TEC 29.017
Annual Goals
Page 24 of 42
Compliance Folder Review Template
Program Review
Y
Y
N
N
The ARDC must provide a statement of measurable
annual academic goals :

designed to meet the child’s needs that result
from the child’s disability to enable the child
to be involved in and make progress in the
general education curriculum;

designed to meet each of the child’s other
educational needs that result from the child’s
disability; and
300.320(a)(2)
The ARDC must provide a statement of measurable
annual functional goals:

designed to meet the child’s needs that result
from the child’s disability to enable the child
to be involved in and make progress in the
general education curriculum; and

designed to meet each of the child’s other
educational needs that result from the child’s
disability.
300.320(a)(2)(i)(A-B)
Y
N
For a child who takes an alternate assessment aligned to
alternate achievement standards, the ARDC must
provide a description of benchmarks or short-term
objectives.
300.320(a)(2)(ii)
Y
N
The ARDC must provide a description of:

How a child’s progress toward meeting the
annual goals will be measured; and

When periodic reports on the progress the
child is making toward meeting the annual
goals will be provided.
300.300(a)(3)(ii)
In the case of a child whose behavior impedes the
child’s learning or that of others, the ARDC must
consider:

The use of positive behavioral interventions
and supports; and

Other strategies to address that behavior.
300.324(a)(2)(i)
Y
Y
N
N
Page 25 of 42
The ARDC must consider the communication needs of
the child.
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300.324(a)(2)(iv)
Limited English Proficiency (LEP)
Y
Y
N
N
For identification of a child with a disability as LEP and
before entry in to a bilingual or ESL program, the
ARDC in conjunction with the LPAC must:

Review all pertinent information including the
results of the appropriate assessment
instrument for the identification of the child as
LEP;

Designate the language proficiency level of
the child and determine whether the child has
met the score criteria for identification of the
child as LEP;

Designate the level of academic achievement
of the child and determine whether the child
has met the grade level determined for
identification of the child as LEP;

Designate, subject to parental approval, the
initial instructional placement of the LEP child
who is a child with a disability in a
bilingual/ESL program.
89.1220(g)
89.1210(d)
89.1225(f)(4)
In the case of a child identified as LEP, the ARDC must:

Consider the language needs of the child as
such needs relate to the child’s IEP.
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300.321(a)(2)(ii)
Y
N
Page 26 of 42
To exit a child with a disability from a bilingual/ESL
program, the ARDC in conjunction with the LPAC
must:

Review results of the appropriate assessment
instrument for exit of a child from the
bilingual/ESL program;

Determine that the child has met the
performance standard established for exit of
the child from the bilingual/ESL program; and

Determine that the child will be able to
participate equally in an allEnglish,instructional program that does not
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provide special language services from the
bilingual /ESL program.
89.1225(h)
89.1225(k)
Y
Y
N
N
Deaf or Hard of Hearing
In the case of a child who is deaf /hard of hearing, the
ARDC must consider the child’s:

Language and communication needs;

Opportunities for direct communications with
peers and professional personnel in the child’s
language and communication mode;

Academic level;

Full range of needs, including opportunities
for direct instruction in the child’s language
and communication mode.
300.321(a)(2)(iv)
TEC 29.303
The ARDC must provide each parent with the stateadopted form that contains written information about
programs offered by state institutions.
TEC 30.004
TSD Brochure
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N
Blind or Visually Impaired
In the case of a child who is blind or visually impaired,
after an evaluation of the child’s reading and writing
skills, needs and appropriate reading and writing media
(including an evaluation of the child’s future needs for
instruction in Braille or use of Braille) the ARDC must
either:



Page 27 of 42
Provide for reading and writing instruction in
Braille and the use of Braille that is sufficient
to enable the child to communicate with the
same level of proficiency as other children of
comparable ability who are at the same grade;
or
Determine that instruction in Braille or the use
of Braille is not appropriate;
Provide a detailed description of the
arrangements made to provide the child with
orientation and mobility training, instruction
in Braille or use of large print, other training
to compensate for serious visual loss, access to
special media and special tools, appliances,
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aids, or devices commonly used by individuals
with serious visual impairments;

Set forth the plans and arrangements made for
contact with and continuing services to the
child beyond regular school hours to ensure
the child learns the skills and receives the
training specified above;

For a child who is functionally blind, specify
the appropriate learning medium based on the
assessment;

Indicate that the child has been provided a
detailed explanation of the various service
resources available in the community and
throughout the State; and

Provide each parent with the state-adopted
form that contains written information about
programs offered by the state institutions.
300.324(a)(2)(iii)
89.1055(d)
TEC 30.002(e)(3-5)
TEC 30.004
TSBVI Brochure
Y
N
Y
N
Y
N
The ARDC must :

Provide for training in compensatory skills;

Provide for training in communicative skills;

Provide for training in orientation and
mobility;

Provide for training in social adjustment; and

Provide for vocational or career counseling.
89.1055(d)
TEC 30.002(c)(4)
Assistive Technology
The ARDC must consider whether the child needs
assistive technology devices.
300.324(a)(2)(v)
1414(d)(3)(B)(v)
The ARDC must consider whether the child needs
assistive technology services.
300.324(a)(2)(v)
1414(d)(3)(B)(v)
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Page 28 of 42
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Y
N
Autism
If the ARDC determines that services are not needed in
one or more of the strategy areas specified below, the
ARD/IEP must include a statement to that effect and the
basis upon which the determination was made:

Social skills supports and strategies based on
social skill assessment/curriculum and
provided across settings;

Positive behavior support strategies based on
relevant information;

In-home and community-based training or
viable alternatives that assist the child with
acquisition of social/behavioral skills;

Suitable staff-to-student ratio appropriate to
identified activities and as needed to achieve
social/behavioral progress based on the child’s
developmental and learning level (acquisition,
fluency, maintenance, generalization) that
encourages work towards individual
independence;

Daily schedules reflecting minimal
unstructured time and active engagement in
learning activities;

Communication interventions, including
language forms and functions that enhance
effective communication across settings;

Extended educational programming;

Teaching strategies based on peer reviewed
research-based practices for children with
autism spectrum disorder;

Beginning at any age, consistent with
transition services, futures planning for
integrated living, work, community, and
educational environments that considers skills
necessary to function in current and postsecondary environments;

Parent and family training and support
provided by qualified personnel with
experience in autism spectrum disorders;

Professional educator/staff support.
89.1055(e)
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Least Restrictive Environment
Y
N
Page 29 of 42
The LEA must determine whether education in the
regular classroom, with the use of supplementary aids
and services, can be achieved satisfactorily by
considering the following:
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
Whether the LEA provided supplementary
aids and services;

Whether the LEA modified the regular
education program;

Whether the efforts to modify and supplement
regular education were sufficient;

Whether the child will receive an educational
benefit from regular education (including
nonacademic benefit);

The child’s overall educational experience in
mainstreamed environment, balancing the
benefits of regular and special education for
the individual child;

The effect the disabled child’s presence has on
the regular classroom, and on the education
that the other children are receiving.

If the ARDC determines that education in the
regular classroom cannot be achieved
satisfactorily, then the ARDC must determine
whether the child has been mainstreamed to
the maximum extent appropriate.
Daniel R.R. v. SBOE
(5th Cir.1989)
Y
N
In selecting the LRE, the ARDC must consider any
potential harmful effect:

On the child; or

On the quality of services that the child needs.
300.116(d)
Notes:
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Placement Decisions
Y
N
The ARDC must determine the child’s placement.
300.116(b)(1)
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Intensive Program of Instruction
Page 30 of 42
Compliance Folder Review Template
Program Review
Y
N
The ARDC must design the intensive program of
instruction for a child who did not perform satisfactorily
on a required state assessment or an end-of-course
assessment.
N
For children in K-2nd grade who do not perform
satisfactorily on an early reading assessment, the ARDC
must determine the manner in which the child will
participate in an accelerated reading instruction program.
N
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TEC 28.006(a)(1)
89.1050(a)(7)
Y
3
9
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TEC 28.0213(a)(e)
89.1050(a)(10)
Y
1
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For a child in grades 3, 5, or 8, each time the child fails
to perform satisfactorily on the reading assessment of
any form of state assessment or for 5th and 8th grades
both reading and math, the ARDC must determine the
manner in which the child will participate in accelerated
instruction in the applicable subject area.
1
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89.1050(a)(8)
TEC 28.0211(c)
TEC 28.0211(i)(1)
Y
N
After the third attempt, the ARDC must determine
whether the child will be promoted or retained.
89.1050(a)(7)
TEC 28.0211(a)(3)
TEC 28.0211(i)(2)
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Initiation, Frequency, and Duration; Location
Y
N
Page 31 of 42
The ARDC must provide:

The projected date for the beginning of the
services and modifications;

The anticipated frequency of those services
and modifications;

The anticipated duration of those services and
modifications; and

The anticipated location of those services and
modifications.
300.320(a)(7)
89.1959(a)(1)
White v. Ascension Parish School Board
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(5th Cir. 2003)
Personal Graduation Plan
Y
N
A personal graduation plan must be developed for any
middle, junior high, or high school child who:

does not perform satisfactorily on
STATEWIDE ASSESSMENT; or

is not likely to receive a high school diploma
before the fifth school year following the
child’s enrollment in grade level nine, as
determined by the local LEA.
TEC 28.0212(a)(1)(2)
Y
N
A personal graduation plan must address participation of
the parent including consideration of the parent’s
educational expectations for the child.
TEC 28.0212(b)(4)
Y
N
A personal graduation plan must include:

educational goals for the child;

diagnostic information;

appropriate monitoring and intervention;

other evaluation strategies; and

an intensive program of instruction.
TEC 28.0212(b)(2)
Y
N
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The personal graduation plan must provide innovative
methods to promote the child’s advancement, including
flexible scheduling; alternate learning environments; online instruction; and other interventions that are proven to
accelerate the learning process and have been
scientifically validated to improve learning and cognitive
ability.
TEC 28.0212(b)(5)
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Graduation
Y
N
Page 32 of 42
A child receiving special education may graduate and be
awarded a regular high school diploma if;
1. the child has satisfactorily completed the
State’s or LEA’s (whichever is greater)
minimum credit and curriculum requirements
for graduation, and has had a satisfactory
performance on the exit level assessment
instrument; or
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2.
the child has satisfactorily completed the
State’s or LEA’s (whichever is greater)
minimum credit and curriculum requirements
for graduation, and participated in required
state assessment as determined by the ARDC;
or
3. the child has satisfactorily completed the
State’s or LEA’s (whichever is greater)
minimum credit and curriculum requirements
for graduation to the extent possible with
modifications and/or substitutions as per IEP
and successfully completed the child’s IEP.

A FIE must be provided and included
as part of the Summary of
Performance;

ARDC must determine that the child
has completed one of the following:
1) fulltime employment, based on the
child’s
abilities
and
local
employment
opportunities,
in
addition to sufficient self-help skills
to maintain employment; 2) access
to services which are not within the
legal responsibility of the LEA or
employment or educational options
for which the child has been prepared
by his/her academic program; 3)
demonstrated mastery of specific
employability skills and self-help
skills which do not require direct ongoing educational support of the
LEA.
300.102(a)(3)(iii)
89.1070(e)
89.1070(c)(1-4)(A-C)
Y
N
For the child receiving special education services to
graduate and receive a regular high school diploma, the
ARDC must determine that the student no longer meets
age eligibility requirements and has completed the
requirements specified in the IEP.
89.1070(d)
Summary of Performance
Page 33 of 42
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Y
N
Y
N
Y
N
Y
N
Y
N
Y
Y
N
N
The summary of performance must consider, as
Reaching Closure
appropriate:
The ARDC
documentation
must include:

The
views of the parent(s);

The date
viewsofofthe
themeeting;
child;

The
names,
positions, and
signatures
of the
Written
recommendations
from
adult service
members
participating
in the
and
agencies on
how to assist
the meeting;
child in meeting

Each
member’s
agreement or disagreement
postsecondary
goals.
89.1070(e)with the committee’s decision.
When mutual agreement about all required elements of
the
is must
not achieved,
the child
ARDC
must:
TheIEP
LEA
provide the
with
a summary of

Offer
parents or adult student who disagrees
performance
thatthe
contains:
aA summary
single opportunity
to have
the committee

of the child’s
academic
recess
for a period of time not to exceed 10
achievement;
school
days;of the child’s functional

A summary

Provide
a written
performance;
and statement of the basis for the
disagreement;

Recommendations on how to assist the child

Offer
thethemembers
who disagree
in meeting
child’s postsecondary
goals. the
opportunity to write their own statements; and

When the parent accepts the offer to reconvene,
300.305(e)(3)
determine by mutual agreement prior to the
1414(c)(5)(B)(ii)
recess, the date, time, and place for continuing
the ARDC meeting.
Extended School Year (ESY) Services
89.1050(e)(h)(1-5)
The ARDC must determine the need for ESY services
from formal and/or informal evaluations provided by the
When
cannot must
reach identify
mutual agreement
districtthe
or ARDC
the parents;
the criticalafter
areas
the
ten-dayinrecess
or when
a parent
refuses
to theinrecess,
addressed
the current
IEP
objectives,
if any,
which
the child
LEA must:
has exhibited, or reasonably may be expected to
 severe
Provide
parent with
Prior Written
Notice;be
exhibit,
or the
substantial
regression
that cannot
recouped and
with a reasonable period of time; must

Implement
the IEP
which
it hasfor
determined
to
determine
the reasonable
period
of time
recoupment
be skills
appropriate
the of
child.
of acquired
on thefor
basis
need identified in the
89.1050(h)(4)(6)
child’s IEP
89.1065(2)(3)(7)
Amendment without a Meeting
The parent of a child with a disability and the LEA must
If the ARDC
determines
that themeeting
child is for
in need
of ESY
agree
not to convene
an ARDC
the purpose
services,
the IEP
must
alsoand
include
goals
and
of makingthen
changes
to the
IEP;
the LEA
must
objectives
for ESYdocument
services from
the child’s
current
develop
a written
to amend
or modify
the IEP.
child’s current IEP.
89.1055(c)
300.324(a)(4)(i)
Prior Written Notice
Page 34 of 42
1
7
112
717:
12
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Compliance Folder Review Template
Program Review
Y
N
The LEA must provide at least 5 school days prior
Change of Placement Due to Violation of Student Code of Conduct
written notice.
Y
N
Y
N
Y
N
On the date on which the decision is made to make a
removal that constitutes a change of placement for a child
with a disability who violates a code of student conduct,
the LEA must:
89.1015

notify the parents of that decision; and

provide
the parents
the procedural safeguards
The prior
written notice
must include:
notice.

A description of the action proposed or
300.530(h)refused by the LEA;
1415(k)(1)(II)

An explanation of why the agency proposes or
refuses to take the action;
A manifestation determination must be made within 10

A description of each evaluation procedure,
school days of any decision to make a change of
assessment, record, or report the agency used
placement of a child with a disability because of a
as a basis for the proposed or refused action;
violation of a code of student conduct.

A description of other options considered by
the ARDCmust
and be
themade
reasons
those options
This determination
by why
the ARDC
with the
were
rejected;
following members:

A
description
of other factors that are relevant
The
LEA representative;
to the agency’s proposal or refusal;

The parent;

Sources for parents to contact to obtain

Relevant members of the child’s ARDC, as
assistance in understanding the provisions of
determined by the parent and the LEA.
IDEA, Part B;

A statement that the parents of the child with a
300.530(e)(1)
disability have protection under the procedural
safeguard of this part; and
The ARDC must review all relevant information in the

Theincluding:
means by which a copy of a description of
student’s file
the procedural safeguards can be obtained if

The child’s IEP;
not an initial referral for evaluation.

Any teacher observations; and
If the LEA is proposing to conduct an FIE, the notice

Any relevant information provided by the
must also include:
parents.

A description of any evaluation procedures
300.530(e)(1)
that LEA proposes to conduct.
The conduct is a manifestation of the child’s disability if
300.503(b)(1-7)
the ARDC determines that either of the following are
300.304(a)
met:
conducttowas
caused
or had
a direct
If the LEAIfisthe
proposing
convene
an by
ARDC
meeting,
and
substantial
relationship
to
the
child’s
the notice must also include:
disability; or

Purpose, time and location of the meeting;

if the conduct in question was a direct result

Who will be in attendance;
of the LEA’s failure to implement the IEP.

Information relating to the ARDC
300.530(e)(1)(i)(ii)
membership of other individuals who have
knowledge or special expertise about the
If the ARDC determines during a manifestation
child;
determination review that the conduct was a

Information relating to the participation of the
Part C service coordinator or other
Y
N
Y
N
Y
N
Y
N
Page 35 of 42
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Compliance Folder Review Template
Program Review
manifestation
representatives
of the child’s
of the
disability,
Part C system
the ARDC
at themust
either: initial ARDC meeting for a child previously
serviced under
Part C; and

Conduct
a functional
behavioral assessment,

Beginning
unless
the not
LEAlater
hadthan
conducted
the first aIEP
FBA
to be
before
in
effect
the
behavior
when thethat
child
resulted
turns 14,
in orthe
younger
changeif of
determined appropriate
placement
occurred, byand
the IEP
implement
team, that a
the purposeintervention
behavioral
of the meeting
planwill
(BIP)
be the
for the child
;consideration
or
of the postsecondary goals and
transition
services
thedeveloped,
child.

If a BIP already
hasfor
been
review the
(Must
invite
the child
and any other
agency the
BIP
and
modify
it, as necessary,
to address
that will be invited to send a representative)
behavior.
300.322(b)(1-2)(A-B)
300.530(f)(1)(ii)
Y
N
Y
N
Y
N
Y
N
Page 36 of 42
Consent
for Evaluation
If a manifestation was determined, the ARDC
must also
return the child to the placement from which the child was
The LEA must
obtain
parent
removed
except
as informed
providedconsent
underform
thethespecial
before conducting
an initial or
evaluation,
means:
circumstances
regulations
unless thewhich
parent
and the
LEA agree
a change
placement
as part of
Theto parent
has ofbeen
fully informed
of the
all
modification
of the BIP.
information
relevant to the initial evaluation in
300.530 (f)(2)
his/her native language or other mode of
communication;
Special
if: the evaluation;
 circumstances
The consent exist
describes
the child
carries
a weapon
possesses
 The
consent
lists the
recordsto(iforany)
that willa
weapon
at school,
on school premises, or to or
be
released
and to whom;
at aparent
schoolunderstands
function under
the jurisdiction

The
and agrees
in writing of
to
theLEA
LEA;carrying out the initial evaluation;
the
knowingly
or usesthat
illegal
or sells
 The
parent possess
understands
thedrugs
granting
of
or solicits
the sale of
controlled
substance
consent
is voluntary
on athe
part of the
parent
while
at be
school,
on at
school
premises,
and
may
revoked
anytime;
and or at a
school
function;

The
parent
understands that if the parent
 revokes
has inflicted
serious
injuryis upon
consent,
that bodily
revocation
not
another person while at school, on school
retroactive.
premises, or at a school function.
300.300(a)(1)(ii)
300.530(g)(1-3)
300.9(a-c)
For
more
than
10and
cumulative
days with
and
If theremovals
child is a of
ward
of the
State
is not residing
behavior
is not
a manifestation
therequired
child’s disability,
the child’s
parent,
the LEA is ofnot
to obtain
the
ARDCconsent
must determine:
informed
from the parent if:
educational
servicesefforts
for a to
FAPE
which
may
 despite
reasonable
do so,
the LEA
be provided
in whereabouts
an interimof the
alternative
cannot
discover the
parent;
educational
(IAES)
to enable
the child

the
rights of setting
the parents
of the
child have
been
to continue
to participate
in the
terminated
in accordance
with State
law;general
education
in another

the
rights ofcurriculum,
the parent although
to make educational
setting, tohave
enable
thesubstituted
child to progress
toward
decisions
been
by a judge
in
meeting thewith
goalsState
set out
the consent
IEP;
accordance
lawinand
for an
 initial
as appropriate,
behavioral
evaluation ahasfunctional
been given
by an
assessment;
17:
Notes:
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10
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15
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Notes:
1
2
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Compliance Folder Review Template
Program Review

Y
N
Y
N
Y
Y
Y
N
N
N
Page 37 of 42
individual
by the judge
to represent
behavioralappointed
intervention
services
and
the
child.
modifications
that are designed to address the
300.300(a)(i-iii)
behavior violation so that it does not recur; and

The IAES.
Elements of Consent
300.530(d)(1)(i)(ii)
300.531
The LEA must obtain informed consent from the parent
before initially providing special educationRestraint
and relatedand Timeout
services in his/her native language or other mode of
communication:

On the day restraint is utilized, a good faith

The consent
describes
the verbally
initial provision
of
effort
must be
made to
notify the
special
education
parent(s)
regardingand
therelated
use of services;
restraint; and

The
consent
lists
if any) that
Written
notice
of the
therecords
use of (restraint
mustwill
be
be released
to or
whom;
placed
in theand
mail
otherwise provided to the

The parent
understands
and
agrees
in use
writing
to
parent
within
one school
day
of the
of the
the LEA carrying out the initial provision of
restraint.
special education and related services;
89.1053(e)(1-3)

The parent understands that the granting of
consent is
voluntary on the
part ofthe
the use
parent

Written
documentation
regarding
of
and can be
revoked
at any
restraint
must
be placed
in time;
the student’s special

The parentfolder
understands
that manner
if the so
parent
education
in a timely
the
revokes consent,
that torevocation
is not
information
is available
the ARDC when
it
retroactive.the impact of the student’s behavior
considers
300.9(a-c)on the student’s learning and/or the creation of
1414(a)(1)(D)
or revision of a BIP; and

Written notification to the parent(s) and
The LEA documentation
must obtain informed
consent
from the
parent
to the
special
education
prior to conducting
any re-evaluation
child with a
eligibility folder
must includeofthea following:
disability,
whichofmeans:
1. name
student;

2.
The parent
name
of staff
hasmember(s)
been fullyadministering
informed of the
all
information relevant to the re-evaluation in
restraint;
3. date
his/her
of the
native
restraint
language
and the
or time
otherthe
means
restrain
of
communication;
began
and ended;
4.
location
of the
restraint;

The consent
describes
the re-evaluation;
5.
aThedescription
ofthethe
activityany)
in that
which

consent lists
records(if
willthe
be
student
engaged
released was
and to
whom; immediately preceding
the
of restraint;

Theuse
parent
understands and agrees in writing to
6. the
whichout
prompted
the restraint;
the behavior
LEA carrying
the re-evaluation;
7.
the
to de-escalate

Theefforts
parentmade
understands
that the
the situation
grantingand
of
alternatives
to restraint
thatpart
were
consent is voluntary
on the
of attempted;
the parent
and
and may be revoked at any time; and
8.
information
parentif contact
and

The parent documenting
understands that
the parent
notification.
revokes consent, the revocation is not
89.1053(5)(A-I)
retroactive.
Time-out must only be used in conjunction with an array
300.9(a-c)
of positive behavior intervention strategies and
1
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12
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8
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4
10
5 6
11
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Notes:
1
2
7
8
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Notes:
1
7
2
8
Compliance Folder Review Template
Program Review
Y
N
Y
N
Y
N
techniques
Parental
consent
and must
needbe
notincluded
be obtained
in theif student’s
the LEA IEP
can
1
12
demonstrate:
and/or
BIP if it is utilized on a recurrent basis to increase
7
17:
or decrease
a targeted
behavior.
12

The
LEA has
taken reasonable measures to
Notes:
17:
89.1053(g)(3)
obtain such consent; and
89.1053(b)(3)

The parent failed to respond.
Notes:
300.322(d)
Necessary
documentation or data collection regarding the
1
300.300(d)(5)
use
of time-out, if any, must be addressed in the IEP or
7
300.300(c)(2)(i)
BIP. The ARDC must useConsent
any collected
data toMember
judge thefrom Attending ARDC Meeting
12
to Excuse
effectiveness of the intervention and provide a basis for
17:
making
determinations
regarding
its continued
use.parent
When the
consent must
be obtained
from the
1
Notes:
89.1053(i)
before excusing a member from attending the ARDC
7
meeting (in whole or in part), consent means:
12
17:

The parent has been
fully informed
of all
Compliance
Notes/Issues
for Correction
information
relevant
to the
excusal of
theand indicator topic in the expandable cell below.
Please note
any specific
issues
by student
code
Notes:
member from attending the ARDC meeting in
his/her native language or other modes of
communication;

The parent understands and agrees in writing to
the LEA excusing the ARDC member from
attending the ARDC meeting (in whole or in
part);

The consent describes the excusal of the
member from attending the ARDC meeting;

The consent lists the records (if any) that will
be released and to whom;

The parent understands that granting of
consent is voluntary on the part of the parent
and may be revoked at any time; and

The parent understands that if the parent
revokes consent, that revocation is not
retroactive.
300.9 (a-c) (1)(2)
13
2
8
13
314
9
14
415
10
15
516 6
11
16
2
8
13
3
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14
4
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8
13
3
9
14
4
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2
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8
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14
4
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15
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16
Consent for Disclosure of Confidential Information
Y
N
Page 38 of 42
The parent has been fully informed of all information
relevant to the disclosure of confidential information in
his/her native language or other mode of communication,
including by:

Specifying the records that may be disclosed;

Stating the purpose of the disclosure; and

Identifying the party or class of parties to
whom the disclosure will be made.
300.9(b)
99.30(b)(1-3)
Notes:
Compliance Folder Review Template
Program Review
Y
N

The parent understands and agrees in writing to
the LEA disclosing the confidential
information;

The written consent is dated and signed;

The parent understands that the granting of
consent is voluntary and may be revoked at
anytime; and

The parent understands that if the parent
revokes consent, that revocation is not
retroactive.
300.9(b);300.9(c)(2)
99.30(a)(d)
1
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8
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Transfer Students
Y
Y
Y
N
N
N
Page 39 of 42
When an evaluation is pending, the 45 school -day
timeline for initial evaluations does not apply if:

A child enrolls in a school served by the LEA
after the timeframe has begun and prior to a
determination by the child’s previous LEA as
to whether the child is a child with a disability;

The parent and LEA agree to a specific time
when the evaluation will be completed; and

The LEA is making sufficient progress to
ensure a prompt completion of the evaluation.
300.301(d)(e)
1414(a)(1)(C)(ii)
If the child transfers from within the state, the LEA must
verify that the child with a disability:

Transferred LEAs within the same academic
year; and

Had an IEP in effect: and

Consult with parents to determine comparable
services.
300.323(e)
If the child transfers from out of state, the LEA must;

Verify that the child is a child with a disability;

Transferred LEAs within the same academic
year;

Had an IEP that was in effect in another state;
and

Consult with parents concerning the provision
of services for FAPE.
300.323(f)
1414(d)(2)(C)(i)(II)
1
2
7
8
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1
2
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8
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1
2
7
8
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Compliance Folder Review Template
Program Review
Incarcerated Students
Y
Y
N
N
If the State has demonstrated a bona fide security or
compelling penological interest that cannot be
accommodated, the student’s ARDC may modify the
child’s IEP or placement notwithstanding the least
restrictive environment and IEP content requirements of
IDEA.
300.324(d)(2)
1414(a)(5)(A)
1414(d)(1)(A)
1414(d)(7)(B)
Notice of the transfer of parental rights to the incarcerated
student must be given to the parent and the incarcerated
student (which need not contain the elements of prior
written notice).
300.520(a)(3)
89.1049
1415(m)(1)
1
2
7
8
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17:
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14
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15
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9
14
4
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15
5 6
11
16
3
9
14
4
10
15
5 6
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9
14
4
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15
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Notes:
1
2
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8
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Notes:
Private Schools
Y
Y
N
N
Page 40 of 42
To determine the number of parentally placed children
with disabilities attending private schools located within
the LEA, the LEA must:

Timely and meaningfully consult with
representatives of private schools;the LEA
must obtain written affirmation of the
meaningful consultation signed by the private
school representative or if that written
affirmation cannot be obtained,forward the
documentation of the consultation process to
the TEA; and

Conduct a thorough and complete Child Find
process.
1412(a)(10)(A)(i)(II)
Each LEA must maintain its records and provide to the
Texas Education Agency:

The number of students evaluated under this
private school regulation;
1
2
7
8
12 13
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1
2
7
8
12 13
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Compliance Folder Review Template
Program Review

The number of children determined to be
children with disabilities under this private
school regulation.

Amounts to be expended for the provision of
services must be equal to a proportionate
amount of IDEA Part B federal funds; and

The number of children served under the
private school regulations.
1412(a)(10)(A)(ii)(IV)
1412(a)(10)(A)(i)(I)
Y
N
For those children eligible for dual enrollment, the parent
and the LEA must determine in the IEP:

Which special education and/or related services
will be provided to the child; and

the location where those services will be
provided.
89.1096(c)(2)
Table of Resource Verification Documentation
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Page 41 of 42
LEA Policy, Guidelines, and Procedures
Student Report Cards
ARD/IEP Documentation
Campus Class Schedules
Instructional Modification/Accommodation Sheets
Individual Assistive Technology Plans
Academic Achievement Record
Lesson Plans
Discipline Records
Personnel Records for Certification
Contracted Personnel Records
Personnel Assignments
Related Service Personnel Case Notes
Service Provider Time Logs
State Assessment Records
Surrogate Parent Training Documentation
Other: Describe
Notes:
1
2
7
8
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3
9
14
4
10
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11
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Compliance Folder Review Template
Program Review
Page 42 of 42