What's Required
§89.1075. General Program Requirements and Local District Procedures. [Excerpt] (d) Students with disabilities shall have available an instructional day commensurate with that of students without disabilities. The ARD committee shall determine the appropriate instructional setting and length of day for each student, and these shall be specified in the student's IEP.

What We Do
Students with disabilities must receive a commensurate school day. This means students with disabilities and their non-disabled peers:

       (a) have a school day with same beginning and end time, and
       (b) attend school for the same number of hours. 

The school day for students with disabilities cannot be shortened due to administrative convenience such as the schedule of bus routes, or parents'convenience such as their work location or schedule.

An Admission, Review, and Dismissal/Individualized Education Program (ARD/IEP)committee may consider, review, and document a shorter school day based on the individual needs of the student.

This requirement applies to all students with disabilities ages 3-21 regardless of their disability, type of class, or program.

 

What's Required

Counseling as a related service and psychological services may be provided to students with disabilities who have chronic severe behavioral, emotional, or social difficulties and additional school supports are required to help the student achieve annual goals.
Counseling services, according to IDEA, means services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel. In Harlandale ISD, these services may be provided by qualified social workers, Licensed Specialists in School Psychology (LSSPs), professional school counselors, or other qualified personnel such as interns supervised by licensed or certified professionals. Related services counseling is assisting students to benefit from specialized instruction provided in special education. 

Parent counseling and training emphasize the importance of parents as active participants in their child's education. According to IDEA, parent counseling and training means: (a) assisting parents in understanding the special needs of the student, (b) providing parents with information about child development, and (c) helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP or Individual Family Service Plan (IFSP). Parent counseling and training is identified by the Texas Education Agency (TEA) as one of the eleven strategies or options an ARD/IEP Committee may choose for a student with autism in order to facilitate carry-over of communication skills or behavior strategies in the home.

Psychological services as a related service, according to IDEA, includes:

• administering psychological and educational tests, and other assessment procedures
• interpreting assessment results
• obtaining, integrating, and interpreting information about student behavior and conditions relating to learning
  
• consulting with other staff members in planning school programs to meet the special educational needs of students as indicated by psychological tests, interviews, direct observation, and behavioral evaluations
• planning and managing a program of psychological services, including psychological counseling for student and parents assisting in developing positive behavioral intervention strategies

Psychological services as defined by IDEA include some services not defined strictly as psychological in nature and therefore can be appropriately provided by other trained personnel including behavior specialists, school social workers, diagnostic specialists, interns and counselors. These would include gathering information about student behavior, behavioral program planning, educational testing, and developing behavioral intervention strategies. 

In Texas, certain services are defined by the Texas State Board of Examiners of Psychologists (TSBEP) as 'psychological services' in the schools and therefore can only be provided by those individuals licensed as an LSSP by the TSBEP. Specialist in School Psychology Interns supervised by an LSSP may also provide psychological services.

An ARD/IEP committee is responsible for determining the appropriateness of psychological services as a related service based on the individual educational needs of a student, regardless of the disability categories, and with the recommendations and expertise provided by the professionals involved in assessing these services. Parents are invited to participate in the ARD/IEP committee decision-making process. Related services are provided to an eligible student with a disability at no cost to the parent or guardian.

What We Do

• The referral for counseling or psychological services evaluation is initiated by the ARD/IEP Committee.
• The need for counseling or psychological services is examined in an evaluation.  While this is often addressed in psychological evaluation once a student is already receiving special education services, an evaluation for counseling may be necessary to examine difficulties as they arise.
• If eligible for services, an IEP is developed to specify the goals/objectives, projected begin and end date, amount, frequency, duration, and location of the services.
• Progress reports explaining the student's progress toward the annual IEP goals will be provided to parents, teachers, and relevant school personnel on a regular basis.
• Any changes in the amount of services listed in the IEP must be made at an ARD/IEP meeting.
• Counseling or psychological services providers should be present at an ARD/IEP meeting when the need for the services is discussed or when the progress of the services is reviewed. Service providers may submit their findings in writing if the IEP Committee agrees to excuse them from the meeting.
• While a formal evaluation can be performed, it is not required to dismiss a student from counseling or psychological services as a related service however data for dismissal should be reviewed.
• Dismissal from counseling or psychological services should be based on data from a variety of sources, including teacher observations, parent input, mastery of IEP goals and objectives, performance on statewide assessments, disciplinary referrals, and any other relevant data.
• The decision to dismiss from a related service is determined by the ARD Committee and supporting documentation is included in the student's IEP document.

The counseling assessment is a collection of data to determine the eligibility of special education students referred for counseling services. Data may include the student's psychological evaluation, student, teacher, and/or parent interviews, review of behavior reports, discipline referrals, classroom observation, and additional formal or informal assessment measures.
Licensed specialist in school psychology, counselor, student's teachers, other school personnel.

Counseling and Psychological Services as a Related Service in the IEP

When an ARD/IEP Committee determines the need for counseling or psychological services to support the student's special education program, a specially designed counseling or psychological services program is included as part of the student's IEP.  The supports and services provided are documented on IEPs and indicated as part of the progress reporting system to parents and adult students.  The goals for services:

• focus on school-related issues
• are behavior and/or learning based
• are minimally intrusive
• emphasize practical and immediate application rather than development of insight are necessary in order to make educational and/or behavioral progress

 
Counseling Services may be provided by:

• Licensed Specialists in School Psychology (LSSPs)
• Professional School Counselors
• Social Workers
• Other qualified professionals such as interns under the supervision of a certified or licensed professional.
  

Psychological Services may be provided by In Texas, certain services are defined by the Texas State Board of Examiners of Psychologists (TSBEP) as 'psychological services' and therefore can only be provided by those individuals licensed as an LSSP by the TSBEP. Specialist in School Psychology Interns supervised by an LSSP may also provide psychological services.
 
Service Delivery

Counseling:

• Counseling is a complex helping process in which a trusting and confidential working relationship is established.
• Counselors interact with students individually or in small groups.
• The focus is on problem-solving, decision-making, and discovering personal meaning related to learning and development.
  

Psychological Services:

• Psychological services provided in HARLANDALE may include Ongoing Consultation
  • There are three levels: Monitoring, Generalization, Intervention
  • These are direct, indirect, or a combination;
  • Assigned according to assessment of intensity of need
• Psychological services providers consult and collaborate with parents, school personnel, medical professionals, and other professional service providers to develop and implement strategies to help students succeed.
• The focus is on assisting the school staff, students, and parents/family to solve problems related to learning and student behavior.

What's Required

The Texas Behavior Support Initiative (TBSI) is the Texas Education Agency's (TEA) response to federal regulations such as the Individual with Disabilities Improvement Act and No Child Left Behind and state regulations, including Senate Bill 1196, TAC 89.1053 and the TEC Chapter 37, regarding research-based practices and standards school districts may employ when addressing challenging student behaviors, as well as procedures and policies which must be addressed by local education agencies (LEA's).
 
What We Do

Traditional methods of addressing inappropriate student behavior include:  parent conferences, a variety of consequences based on the school district's student code of conduct, peer-buddy supports and suspension of privileges; however, the Texas Behavior Support Initiative (TBSI) requires the use of positive behavior supports which are:

• systemic and individualized strategies based on research-based practices
• focused on teaching social and behavioral expectations
• culturally appropriate and designed to prevent recurring inappropriate behaviors of students with disabilities

The use of positive behavior supports required by the TBSI are incorporated in Harlandale ISD's Code of Conduct.

When a special education eligible student is struggling with behavior, we have a "Request for Behavior Assistance" process to ensure student behaviors are addressed and campuses receive support and guidance. 

OVERVIEW OF DISCIPLINE OF STUDENTS WITH DISABILITIES

A student in special education is subject to the school's student code of conduct unless otherwise stated in the IEP. Discipline is part of the educational process. It prepares a student to work with other people in a socially accepted manner. Parents should receive a copy of the school's code of conduct and changes as they are made. Every year, all parents are asked to sign a statement that says they understand the student code of conduct and agree to the responsibilities outlined in it.

A student's IEP may include an individual discipline plan which outlines disciplinary options to be used in addition to, or instead of, certain parts of the district code. The Behavior Intervention Plan is used for this purpose at an ARD committee meeting. In addition, IEP behavioral goals should be developed.

CHANGE OF PLACEMENT

In the educational setting, a change of placement occurs for a child with a disability if:

• The removal is for more than ten (10) consecutive school days: or
• The child is subjected to a series of removals that constitute a pattern because they accumulate to more than ten (10) school days in a school year, and because of factors such as the length of each removal, the total amount of time the child is removed, and the proximity of the removals to one another.
  

DETERMINATION OF ALTERNATIVE EDUCATIONAL SETTING

Any interim alternative educational setting (AES) in which a child is placed shall:

• Be selected so as to enable the child to continue to participate in the general curriculum, although in another setting, and to continue to receive those services and modifications, including those described in the child's current IEP, that will enable the child to meet the goals set out in that IEP; and 
• Include services and modifications designed to address the behavior, so that it does not reoccur.

The AES placement must, therefore, be planned for and determined by the IEP team. The AES must enable the student to participate in the general curriculum and receive his or her IEP services including modifications, BIPs, and related services that will allow for mastery of the student's IEP goals and objectives.

Districts are not required, however, to replicate the exact program a student had before being placed in AES. Thus, the AES need not provide honors or specialized courses or electives.

There is a sharing of duties among a campus administrator, who makes a recommendation for AES placement, and the IEP team, which conducts the manifestation determination and develops a plan for educational services in the AES in situations where it finds the behavior is not related to the disability. In this fashion, campus administrators and IEP teams share authority and decision-making in the disciplinary process for IDEA eligible students.

FUNCTIONAL BEHAVIORAL ASSESSMENT REQUIREMENTS

The ARD committee must meet, either before the AES placement or within ten (10) days, to plan for a functional behavioral assessment (FBA) and implement a behavioral intervention plan (BIP), or review and modify the behavioral intervention plan if the child's IEP already includes one. Thus, at least for every alternative educational setting placement of longer than ten (10) days, the ARD committee must conduct a functional behavioral assessment (FBA) and develop a behavior intervention plan (BIP) designed to address the student's behavior problem (or review and revise an existing BIP).

ARD committees assesses the students' functional behaviors and consider developing and implementing a behavior intervention plan accordingly, whenever students are subjected to disciplinary changes in placement. If the child subject to a disciplinary change in placement already has a BIP, then the ARD committee must review the BIP and revise it as necessary to address the behavior in question so that it does not reoccur.

Upon first removing a student for the normal placement for more than ten (10) total school days in the school year, the ARD committee must also be convened within ten (10) business days to plan for, or conduct, a functional behavioral assessment and a behavior intervention plan. If the student's IEP already contains a functional behavioral assessment and a behavior intervention plan, the ARD committee must review the plan and revise it as necessary. This provision makes clear that planning for a FBA/BIP is necessary after the tenth total day of short-term removals in a school year, even if the additional short-term removal would not constitute a change in placement.

CONTINUATION OF SERVICES: DISCIPLINARY REMOVALS

Schools must provide educational services during any disciplinary removals beyond ten (10) school days per school year. In situations where the school applies a long-term removal for behavior unrelated to disability, the IEP team must plan the educational services to be provided to the student. In addition, if a student has already been subjected to a disciplinary change in placement during a school year, and the school wishes to undertake a subsequent short-term removal due to misbehavior, the IEP team members must "review the behavioral intervention plan and its implementations to determine if modifications are necessary." 

SHORT TERM REMOVAL

School personnel may order a change in the placement of a child with a disability to an appropriate alternative educational setting, another setting, or suspension, for not more than ten (10) school days (to the extent such alternatives would be applied to children without disabilities). This regulation makes clear that a short-term disciplinary removal (less than ten consecutive school days) is not a change in placement, and thus, does not trigger change of placement procedural safeguards and requirements.

Preventive steps on short-term removal

1. School personnel should carefully keep track of disciplinary removal days.
2. As soon as a pattern of behavior leading to removals is identified the IEP team should meet to develop/revise a Functional Behavioral Assessment and a Behavioral Intervention Plan.  This should take place at the second day of removal.
3. Extreme caution should be exercised in removing students beyond the ten day per school year limit. Schools must provide educational services during removals that go beyond the ten-day limit and refocus efforts on revising and improving the IEP, services, and placement. Short-term removals beyond ten total days per school year are subject to finding that a "pattern of exclusion" change in placement has taken place, depending on the length of the individual removals, their proximity to each other, and the total number of removal days in the school year.
4. Staff should be judicious in determining the amount of removal days a student should receive for an infraction.

ACCUMULATION OF SHORT-TERM REMOVALS

To the extent removal would be applied to children without disabilities, school personnel may order the removal of a child with a disability from the child's current placement for not more than ten (10) consecutive school days for any violation of school rules, and additional removals of not more than ten (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).

A change of a child's current placement occurs if: 

• The removal is for more than ten consecutive school days; or 
• A child is subjected to a series of removals that constitute a pattern because they accumulate to more than ten school days in a school year, and because of factors such as the length of each removal, the total amount of time the child is removed, and the proximity of the removals to one another.

Subsequent short term removals can be used, provided that they do not create a "pattern" that amounts to a change of placement.

The district must provide services to a child with a disability after the child has been removed from the current placement for more than ten school days in the same school year, and services must be provided to a child removed to an appropriate interim alternative educational setting for not more than 45 days if the child carries a weapon to school or to a school function, or if the child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or at a school function, or commits serious bodily harm.

If the school did not conduct a Functional Behavioral Assessment and implement a Behavioral Intervention Plan for the child before the behavior that resulted in the removal, the district must convene an IEP meeting to develop a Functional Behavioral Assessment/Behavior Intervention Plan. This meeting must take place either before or not later than ten business days after either first removing a child for more than ten school days in a school year, or initiating a removal that constitutes a change of placement, including a 45 day removal.

If the child already has a Behavior Intervention Plan, the IEP team shall meet to review the plan and its implementation and modify the plan and implementation, as necessary, to address the behavior.

Schools should understand, however, that the frequency and amount of removals, even if proper, may be indicative of substantive deficiencies in the IEP, particularly in its behavioral components. The greater the number of short-term disciplinary removals, the greater the likelihood that a hearing officer will find that the behavioral portion of the IEP is inappropriate and a deprivation of a free, appropriate public education. Excessive removals, although perhaps legally justified in the context of disciplinary guidance, may serve to highlight a larger substantive IEP problem, especially with respect to the behavioral portions of the IEP

School personnel should count days in which the student is "removed from the current placement." This requires that days of out-of-school suspension, regardless of what they are called (e.g., "cooling off period" or "emergency removal" or "asked his parents to pick him up") be counted. Portions of a school day that a child had been suspended would be included in determining whether the child had been removed for more than ten (10) cumulative days or subjected to a change of placement. As far as short-term assignments to Alternative Educational Placement (AEP) or In-School Suspension (ISS), the discussion of the regulations says this:

An in-school suspension would not be considered a part of the days of suspension as long as the child is afforded the opportunity to continue to appropriately progress in the general curriculum, to continue to receive the services specified on his or her IEP and continue to participate with non-disabled children to the extent that they would have in their current placement. ISS or short term Alternative Educational Placement (AEP) assignment days do not necessarily need to be counted If special education services are still provided as per the IEP, these days do not need to be counted.

If bus transportation is a part of the child's IEP, a bus suspension would be treated as a day of suspension unless the district provides the bus service in some other way, because the transportation is necessary for the child to obtain access to the location where all other services will be delivered. If the bus transportation is not a part of the child's IEP, a bus suspension day would not be a suspension day. In those cases, the child and his or her parents would have the same obligations to get to and from school as a non-disabled child who had been suspended from the bus.

HONIG INJUNCTION REMEDY

School officials may seek to obtain a court order to remove a child with a disability from school or to change a child's current educational placement if they believe that maintaining the child in the current educational placement is substantially likely to result in injury to the child or others.

The injunction remedy was specifically created to ensure that courts have the authority to entertain requests for injunctions, even in cases where the school officials have failed to exhaust potentially lengthy administrative remedies.

It should be noted that injunctions have been denied due to lack of evidence that a student's previous assaults had caused injury.

Resources

Texas Behavior Support

What's Required

 "Extendedschool year services (ESY)" means special education and related servicesthat (34 CFR300.106(b))are provided to a child with a disability (34 CFR300.106(b)(1))beyond the normal school year of the public agency (CFR300.106(b)(1)(i)in accordance with the child's individualized educationprogram (IEP) (CFR300.106(b)(1)(ii)) at no cost to the child (CFR300.106(b)(1)(iii)).

The provision of ESY services is limited to the educational needs of the childand must not supplant or limit the responsibility of other public agencies tocontinue to provide care and treatment services pursuant to policy or practice,even when those services are similar to, or the same as, the services addressedin the child's IEP (19 TAC89.1065(8)).

No child will be denied ESY services because the child receives care andtreatment services under the auspices of other agencies (19 TAC89.1065(8)).

In determining the need for and in providing ESY services, the localeducational agency (LEA) may not (CFR 34300.106(a)(3))and (19 TAC89.1065(1))limit ESY services to particular categories of disability (CFR300.106(a)(3)(i) and 19 TAC 89.1065(1)(A)) or unilaterally limitthe type, amount, or duration of ESY services ( CFR300.106(a)(3)(ii)and TAC89.1065(1)(B)).

The need for ESY services must be determined on an individual basis by theadmission, review and dismissal (ARD) committee (19 TAC89.1065(1). Each LEA must ensure that ESY services are available as necessary to providefree appropriate public education (FAPE) (CFR300.106(a)(1))and ESY services must be provided only if a child's ARD committee determines,on an individual basis, that the services are necessary for the provision ofFAPE (34 CFR300.106(a)(2)).If the LEA does not propose ESY services for discussion at the annual review ofa child's IEP, the parent may request that the ARD committee discuss ESYservices (19 TAC89.1065(5)).

The ARD committee must determine the need for ESY from formal and/or informalevaluations provided by the district or the parents (19 TAC89.1065(2)).For a child enrolling in the LEA during the school year, information obtainedfrom the prior LEA as well as information collected during the current year maybe used to determine the need for ESY services (19 TAC89.1065(7)). 

The ARD committee must identify the critical areas addressed in the current IEPobjectives, if any, in which the child has exhibited, or reasonably may beexpected to exhibit, severe or substantial regression that cannot be recoupedwithin a reasonable period of time (19 TAC89.1065(2)).

• A skill is critical when the loss of that skill results, or is reasonably expected to result, in any of the following occurrences during the first eight weeks of the next regular school year (19 TAC 89.1065(4)): Placement in a more restrictive instructional arrangement ( 19 TAC89.1065(4)(A)); Significant loss of acquired skills necessary for the child to appropriately progress in the general curriculum ( 19 TAC89.1065(4)(A)); Significant loss of self-sufficiency in self-help skill areas as evidenced by an increase in the number of direct service staff and/or amount of time required to provide special education or related services ( 19 TAC89.1065(4)(A)); Loss of access to community-based independent living skills instruction or an independent living environment provided by non-educational sources as a result of regression in skills (19 TAC89.1065(4)(D)); or Loss of access to on-the-job training or productive employment as a result of regression in skills ( 19 TAC89.1065(4)(E)); and
• "Severe or substantial regression" means that the child has been, or will be, unable to maintain one or more acquired critical skills in the absence of ESY services (19 TAC89.1065(2)).

What We Do

ExtendedSchool Year (ESY) services are considered for all students with disabilities.The need for ESY must be determined on an individual student basis by the ARDCommittee.

Components of ESY Services:

• The student qualifies for ESY services if, in one or more critical areas addressed in the student's current IEP, that he or she has exhibited, or reasonably may be expected to exhibit, severe or substantial regression that cannot be regained within a reasonable period of time.
• The term "severe or substantial regression" means that the student has been, or will be, unable to maintain one or more acquired critical skills in the absence of ESY services.
• A skill is critical when the loss of that skill results, or is reasonably expected to result, in any of the following occurrences to the student during the six weeks of the next regular school year:

1. placement in a morerestrictive instructional arrangement,
2. a significant loss ofskills needed to progress in the general curriculum,
3. a significant loss ofself-help skills, and therefore requires more direct services and support,
4. loss of access tonon-educational community-based independent living skill instruction or anindependent living environment as a result of losing skills, or
5. loss of access toon-the-job training or productive employment due to losing skills.

• If the loss of acquired critical skills would be particularly severe or substantial, or if such loss results may be expected to result in immediate physical harm to the student or to others, ESY services may be justified without consideration of the period of time for regaining such skills.
• In any case, the period of time for regaining a critical skill shall not exceed six weeks. If the ARD/IEP Committee determines that the student is in need of ESY services, then the IEP must include goals and objectives for ESY services from the student's current IEP in the ARD/IEP Extended School Year Supplement. 
• For students who qualify under Autism Spectrum Disorders, ESY is included as one of the possible services offered through the Autism Supplement that is reviewed by the ARD committee.

NOTE: If an ARD Committee believesthat a situation warrants an exception to these guidelines, guidance should besought from the appropriate the Special Education Coordinator.

Special Unit Teacher Responsibility - ESYDATA Collection:

ATeacher must complete the Student Profile from Unique Learning System to determineeach student’s Tier Level (I, II, or III) within the 1st four weeksof school starting.

Ifa new student arrives, the teacher must complete the Student Profile within10-school days.

ESYData collection is due to the Special Coordinator on the following days:

1. Baselinedata - the last day of the 1stsix weeks
2. Thefollowing Friday after Thanksgiving Break.
3. The following Friday after Winter Break.
4. The following Friday after Spring Break.
5. All ESY ARDs must be held be date given bythe Special Education Coordinator but no later than the last school day inApril.

Forany questions, contact the Special Education Coordinator.

Federal funds are applied for annually by each district when they are notified by the Texas Education Agency of specific allocations.  Grants are to be used as designated to supplement, not supplant, the use of local and state fund sources.

State special education funds are distributed to school districts on the basis of reported average daily attendance with requirements for Student Attendance Accounting for State Funding Purposes.

For each full-time equivalent student in average daily attendance in a special education program, a district is entitled to an annual allotment equal to the adjusted basic allotment multiplied by a weight determined according to instructional arrangement.

In the determination of instructional arrangements and assignment of weights the placement of students in the least restrictive environment appropriate for their educational needs is encouraged.  Funds allocated under this section, other than an indirect cost allotment established in State Board of Education rule, must be used in the Special Education Program.

 

CONTINUUMOF SERVICES

It is the policy of the Harlandale Independent SchoolDistrict to ensure that to the maximum extent appropriate children withdisabilities are educated with children who are nondisabled and that specialclasses, separate schooling or other removal of children with disabilities fromthe regular educational environment occurs only if the nature or severity issuch that education in regular classes with the use of supplementary aides andservices cannot be achieved satisfactorily.

The Admission, Review, and Dismissal Committee has theresponsibility of considering the continuum of services in selecting the mostappropriate program for each special education student in the least restrictiveenvironment.

 

What's Required

Senate Bill (SB) 673(Scooter's Law ) and TEC 28.025 (f) ensures that students who receive special education services but who have not yet completed the requirements of their Individual Education Program (IEP)s have the opportunity to participate in a graduation ceremony upon completion of four years of highschool. Upon completion of IEP graduation requirements, a student may participate in a second ceremony if the district's local graduation policy allows a student to participate in two graduation ceremonies.
 

WhatWe Do

• Graduation requirements vary depending upon the year that the student entered ninth grade.
• Make sure to take the ninth grade entry date into consideration when determining the student's graduation option (for specifics, see Graduation Options for Students with Disabilities Entering Ninth Grade Before 2011-2012.
• It should be noted that students receiving special education services are no longer permitted to be exempted from the state assessment program and must take the assessment instrument that the Admission, Review, and Dismissal (ARD)/IEP Committee has determined is appropriate. Information regarding the state assessment instrument and the alternate assessment instruments is available on the TEA website.
• A student who is dismissed from special education services must perform satisfactorily on the required state assessment, as only students receiving special education are eligible to participate in the Accommodated or Alternate versions of the assessment instruments.
• ARD/IEP Committees should carefully consider whether a student is capable of passing the statewide exit-level assessment before dismissing the student from special education services.
• An ARD/IEP Committee should have confidence that a student who is dismissed from special education will be able to successfully complete all of the requirements for high school graduation, including satisfactory performance on the statewide exit-level assessment.

The state's goal is that all Texas children finish high school with the skills designed to meet their unique needs and prepare them for further education,employment, and independent living. Because graduation is a change of placement, the ARD/IEP Committee decides whether a student has met graduation criteria.

• Graduation ends the school's obligation to provide services to the student with the exception of graduation under Option (b)(3) (Option C).
• When a student graduates under Option (b)(3)(Option C), the ARD committee will determine needed educational services upon the request of the student or parent(s) to resume services, as long as the student meets the age eligibility requirements.
• Under this option an evaluation is not required, but the school must give the student a summary of performance to include an evaluation or Review of Existing Evaluation Data (REED).

A student receiving special education services who is 21 on September 1 of a school year will be eligible for services through the end of that school year or until graduation, whichever comes first. The student who graduates due to aging out and meeting his or her IEP requirements must be given a summary of performance.

Resources

TexasProject First

Senate Bill (SB) 673

WHAT'S REQUIRED
 
The IDEA 1997 definition of school nurse services has been expanded and renamed school health services and school nurse services referenced in 34 CFR 300.34 (d) 13 and part of IDEA 2004.   According to federal regulations, the expanded definition clarifies that "school nurse services" are provided by a qualified school nurse, and "school health services" may be provided by a qualified school nurse or other qualified person.  School health services and school nurse services are designed to enable a student with a disability to receive FAPE as described in the student's IEP.

WHAT WE DO

Referral for Evaluation

•The nurse assists in coordinating communication between the school, home and medical provider.
•The nurse gathers the necessary medical/health information to facilitate the student's safe inclusion in the school program.
•The nurse attends and / or provides input regarding a student's medical needs for staffing and ARD meetings.

Evaluation Criteria / Process

•The evaluation of a student's health needs involves a multidisciplinary process. 
•The nurse obtains written permission from the parent in order to contact the medical provider to discuss the student's health care needs and initiate an individualized health care plan if appropriate.
•The nurse obtains a physician order for any medication, medical treatments or procedures to be performed at school.
•The extent of information gathered by the nurse will be determined by the student's health care needs.
•Based upon this information, the nurse identifies those health issues that are relevant to the student's educational progress and coordinates the delivery of school health services.
•The nurse plans and coordinates training and education of staff including campus personnel, transportation staff and district staff to ensure that the student's health needs are being met throughout the school day.

Nursing Services Delivery Models

•Campus nurse
•Private duty nurses provided by the Special Education Department and/or family

What's Required

 ​

This Instructional arrangement/setting is for providing special education and related services to students who are served at home or hospital bedside.

(A)  Studentsserved on a homebound or hospital bedside basis are expected to be confined for a minimum of four weeks (need not be consecutive) as documented by a physician licensed to practice in the United States. 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, including the provisions specified in subsection (b) of this section.

(B)  Home Instruction may also be used for services to infants and toddlers (birth through age 2) and young children (ages 3-5) when determined appropriate by the child's individualized family services plan (IFSP) committee or ARD committee.This arrangement/setting also applies to school districts described in TexasEducation Code, §29.014.

 

What We Do

 

Referral Of students for possible homebound services shall be a part of the district's overall regular and special education referral or screening system.

 

Teachers,administrators, other school staff members, parents, community agency personnel and other appropriate individuals.

 

Procedure

 

1. School staff identify a seriously ill or injured special education student who is expected to be confined for a minimum of four consecutive weeksor who is severely chronically ill (e.g. cancer) and is expected to be confined for any period of time totaling at least four weeks throughout the school year.

 

2. Thecampus ARD Facilitator/Liaison will advise the staff as to the appropriate eligibility form that should be completed by the student’s physician.

 

3. TheHomebound Needs Evaluation Referral form explained and given to the parent to take to the student’s doctor for completion and signature.

 

4. The Completed eligibility form, the physician’s recommendation, and the release of information form is sent to the Special Education Department to be logged.

 

5. If the ARD committee determines that the student is eligible for homebound services, a homebound teacher will be assigned to serve the student on the schedule identified by the ARD committee.

 

6. Many Of these steps are expedited depending on the severity of the student’s illness or injury and the length of time the student has already been out of school.

 

7. Students Who are pregnant are also served through the homebound program.  Services are for a minimum of 4 weeks and begin after the birth of the baby unless a doctor otherwise specifies.

 

8. Ifa student requires homebound instruction and is NOT in special education,homebound services are provided through general education.  (See SST Manual for Procedures regarding this.)

 

INSTRUCTIONALSERVICES

 

Homebound services are designed for chronically ill and students who suffer from short term illnesses who are expected to be confined for any period of time totaling at least four weeks throughout the school year, as documented by a physician.

 

Homebound services are provided by a homebound teacher who provides direct instruction to the student at his/her home or other site as specified by the ARD committee.  These services generally include four hours of direct instruction weekly.

 

Homebound services are the most restrictive services within the school district and the ARD committee has the responsibility of reviewing all accommodations, modifications, schedule of services, etc. that can be given on the campus before recommending homebound services. Homebound is often considered a temporary placement and the student is expected to return to the school setting as soon as his/her physician deems appropriate. 

 

ProgramObjectives

 

1. To provide direct instruction to students with disabilities who cannot attend school as determined by the ARDcommittee based on a physician’s recommendations.

 

2. To coordinate instruction with the student's teachers at the home campus.

 

3. To facilitate the transition of the student back to the school setting by promoting and encouraging communication between the student and his/her school staff and classmates.

 

4. To promote parental involvement in the student's educational program.

 

Criteria For Admission to the Program

 

1. The student must meet criteria for special education services with an identified disability and an educational need.  Otherwise, services are provided through general education homebound.

 

2. The student’s physician has been informed of accommodations, modifications and schedule changes that can be offered on the campus.

 

3. The physician documents that the student is unable to attend school for a period of at least four consecutive weeks or for a total of at least four weeks throughout the school year.

 

 

4. The ARD committee has considered,reviewed and/or implemented all accommodations, modifications, and changes in schedule that can be given at the campus and determined these to be insufficient for the student to remain on campus.

 

5. The ARD committee determines an estimated date for the student to return to the school setting, upon release from the student's physician, and reviews the student's status when this date is approaching.

 

Curriculum

 

The Texas Essential Knowledge andSkills identifies the standards for the academic curriculum. The Life Skills Program utilizes a functional curriculum. The homebound student will continue in the curriculum he/she was learning in his/her school setting.

 

 

Teacher Responsibilities

 

1. To provide direct instruction to homebound students.

 

2. To coordinate instruction with the students' general and/or special education teachers and the parent.

 

3. To monitor and report student progress on the IEP goals and objectives.

 

4. Case managers will maintain attendance records for homebound students and report them to the appropriate personnel at the home campuses.

 

5. To facilitate homebound students in their return to school settings.

 

6. To attend ARD meetings to assist the committees in determining eligibility for homebound services, selecting courses, scheduling services and developing IEP goals and objectives.

 

Location

 

Homebound services are available to eligible students from elementary and secondary campuses. These services are generally provided in the student's home with an adult present during the entire instructional period. Other sites must be approved by the ARD

committee.

 

What's Required

Section 504 of The Rehabilitation Act ([504]1973), the Americans with Disabilities Act ([ADA]1990), and the 2004 reauthorization of the Individuals with Disabilities Education Act (IDEA) all require schools to provide all students with disabilities equitable access to all instructional materials required in the K‐12 classroom. These include materials that may be required by the state (e.g. textbooks), district (e.g. additional required readings), or classroom teacher (e.g. syllabus). Understanding this requirement and how to provide these materials in specialized formats (Braille, large print, or digital) in a timely manner is the responsibility of all classroom teachers.

What WeDo

Instructional/educational materials typically are provided for students in one of five formats: physical objects (manipulatives), print/text based (text books), audio (video, audiobooks), digitized (software or web-based content). The method of providingAIM/AEM will vary depending on the individual need of the learner to access the material and the type of material.

Methods of providingAIM/AEM based on the individual need of the learner and/or type of material:

∙        For students not identified as a student with a disability under the ADA, Section 504 of theIDEA, schools can provide print/text based materials whether paper based,digital document (ie. Microsoft Word document or Adobe pdf document, etc.).

∙        For students with disability identified under the ADA, Section 504 or the IDEA, schools provideAIM/AEM following one or more of the following processes depending on the typeof material:

• Physical objects (manipulatives): To identify strategies for providing students with disabilities AIM/AEM involving physical objects, schools submit a request for Occupational Therapy (OT) screening.
• Print/text based (textbooks)
• Students with visual impairments are provided assistive technology devices providing them access to instructional/educational materials specifically identified to meet their individual learning needs through the recommendations of a certified teacher for students with visual impairment. These access needs are documented in the student's individualized educational program (IEP).
• Audio (video, audio books):
• Students with auditory impairments are supported with accommodations and/or assistive technology devices providing them access to instructional/educational materials specifically identified to meet their individual learning needs through the recommendations of a certified teacher for students with auditory impairment and/or audiologist.   These access needs are documented in the student's individualized educational program (IEP) or 504 plan.
• Students with physical disabilities limiting their ability to independently access school computers and web-based content are supported with accommodations and/or assistive technology devices providing them access to instructional/educational materials. These supports are specifically identified to meet their individual learning needs of the student through the ARD/IEP process.

AIM/AEM Decision Making Tools

The National Center for Accessible Educational Materials provides two resources to support school teams in making AIM/AEM decisions aligned to individual student strengths and needs.

The AEM Navigator​ facilitates a decision making team (ARD/IEP team or 504 committee) to identify the instructional materials the student may have difficulty accessing and the support to consider for the student.

The AEM Explorer is a simulation tool allowing individuals to experience the support provided by various computer based tools and determine which tools may be beneficial for the student. 

Resources

• AEM Explorer - http://aem.cast.org/navigating/aim-explorer.html
• AEM Navigator - http://aem.cast.org/navigating/aem-navigator.html
• Learning Ally - https://www.learningally.org/
• National Center for Accessible Educational Materials www.aem.cast.org

 

What's Required

 

Eachschool district shall provide services to students with disabilities in order to meet the needs of those students in accordance with 34 CFR §300.26. Instructional arrangements/settings shall be based on the individual needs andIEPs of eligible students receiving special education services.

1. Curriculum For Students with Disabilities
2. InstructionalServices
3. LifeSkills Program: Separate Campus Instructional Services

 

What We Do

 

TheHarlandale Independent School District Life Skills classes span the instructional ages from Kindergarten to age 22. These classrooms serve learners with significant cognitive disabilities whose needs are best met through an instructional focus on prerequisite skills that are often learned through real life application of the grade-level TEKS.

 

TheLife Skills class is designed to meet the educational needs of students with significant cognitive disabilities who require direct, intensive,individualized instruction to acquire, maintain and generalize skills.Instruction is focused on functional skills that are considered critical to the quality of life.  Areas addressed include:

 

• functional academics
• self-help, domestic
• vocational
• communication
• social
• behavior

 

TheLife Skills classrooms are organized around the principles of structured teaching to maximize student independence and to allow teachers to deliver direct instruction of student IEPs on an individual and small group basis.Attention is given to appropriate and purposeful inclusion of students in the general education setting as well.

 

TheLife Skills program uses a team approach to address the unique needs of each student. Depending on student need, service providers from a variety of disciplines plan and implement the overall educational program. Support from district staff is available to assist teachers in behavior management,structured teaching, autism and other areas.

 

CURRICULUM FOR STUDENTS WITH DISABILITIES #2

 

The Harlandale Independent School District offers students with disabilities a continuum of instructional programs, which has been designed to support, complement and/or provide alternatives for the instructional programming offered in the general education classroom.  The term “curriculum” refers to the content,sequence, methods and materials used to teach the standards identified in TexasEssential Knowledge and Skills (TEKS) and/or a specialized functional curriculum such as that taught in the Life Skills classrooms.

 

The following overview of the curriculum options are presented in this procedural guide to assist ARD committee members in the selection of courses and classes appropriate for a balanced curriculum.  Students may need a variety of classes and courses to complete the goals and objectives identified in their IEPs.

 

RegularEducation Courses

 

General education subjects/courses are taught by general education staff and are designed for the student who is able to master the TEKSin a regular classroom setting. Modifications may be made in the methods of instruction, pacing, and/or materials as needed to provide the student with the opportunity to learn and succeed.  Students may need one or more of the following services to benefit from inclusion in the regular classroom.

 

• Mainstream/Consultation:  The student can be expected to master the TEKS with minimal special education assistance.  The role of the special educator is to provide indirect support to the student by consulting with the general education teachers on a schedule determined by the ARD committee.  This consultation may include discussion of academic and/or behavioral modifications, specialized materials/equipment and monitoring of student progress.

 

• Itinerant Support/Co-Teach Program:  The Itinerant Support/Co-Teach program is designed for students whose academic needs can be addressed in the regular education classroom.  The special education teacher provides direct instruction and/or instructional modifications in the regular classroom on a schedule determined by the ARD committee.

 

Specialized Curriculum

 

The Harlandale ISD offers alternative curriculum for the following programs:

 

• Behavior and Academic Skills Program (B.A.S.E.):  The TEKS identifies the standards for the curriculum used in the B.A.S.E. program.  In addition, a social skills curriculum is taught which provides the students with training in such areas as following directions, using appropriate verbal language, controlling anger and making friends.  This curriculum is specifically taught to assist students in developing the social skills and behavioral control needed to transition back to the general education classroom.

 

∙        Life Skills Program:  A specialized, functional curriculum is taught in the Life Skills classrooms.  This Curriculum provides students with training in such areas as language arts,math, science, social studies, vocational and personal health.  The curriculum incorporates the TEKS to the maximum extent appropriate for students needing a functional curriculum to develop independence in current and future environments

 

 

 

INSTRUCTIONAL SERVICES #2

 

TheLife Skills program uses a team approach to address the unique needs of each student. Depending on student need, service providers from a variety of disciplines plan and implement the overall educational program. Support from district staff is available to assist teachers in behavior management,structured teaching, autism and other areas. 

The Life Skills program is designed for students who require specialized functional daily living curriculum. These students need direct instructional support from a special education teacher to master basic skills for independence in such critical areas as language arts, math, science, social studies, vocational and personal health.

 

4. To provide a functional curriculum that is age appropriate and incorporates activities and experiences that assist the student in the mastery of his/her individual educational plan.

 

5. To provide instructional activities in natural settings to provide meaningful educational experiences and increase the student's skill development.

 

6. To provide opportunities for the student to access the community to generalize skills taught in the classroom.

 

7. To foster a student's increased independence in his/her current living environment.

 

8. To prepare a student to function with increased independence in future living environments.

 

9. To assist a student in transitioning from elementary to middle school and from middle school to high school.

 

10. To promote parental involvement in the student's educational program.

 

Criteria for Admission to the Program

 

1. The student must meet criteria for special education services with an identified disability and an educational need.

 

2. The ARD committee must determine that the student needs a functional curriculum to address the IEP goals and objectives.

 

Curriculum

 

1. TheTexas Essential Knowledge and Skills (TEKS), STAAR Alternate 2 Texas EssentialKnowledge and Skills Vertical Alignment Documents, and web-based programs(Unique Learning System/ News 2 You and Vizzle) serves as the standard for the academic curriculum.  Selected TEXTs are incorporated in the functional curriculum.

 

2. The functional curriculum includes instruction in the following domains:

LanguageArts

Math

Science

SocialStudies

Vocational

PersonalHealth

 

 

Teacher Responsibilities

 

1. To plan for instruction using information from the FIE, IEP goals and objectives, and the competency tests and observations.

 

2. To provide instruction as designated in the student's IEP using the Life Skills curriculum as a guide.

 

3. To attend ARD meetings, report student progress and present a draft IEP for consideration by the ARDcommittee.

 

4. To report to the parents student mastery of the IEP goals and objectives on the same schedule for all HISDstudents.

 

5. To coordinate instruction withrelated service providers.

 

6. To assist in the development and implementation of the transition plan for secondary students.

 

7. To promote parental involvement in their child's educational program and transition planning.

 

Location

 

The Life Skills program is offered at designated elementary campuses and all middle school and high school campuses.

 

 

LIFE SKILLS PROGRAM: #3

SEPARATE CAMPUS INSTRUCTIONAL SERVICES

 

The Life Skills program is designed for students who require specialized functional daily living curriculum. These students need direct instructional support from a special education teacher to master basic skills for independence in such critical areas as language arts, math, science, social studies, vocational and personal health.

 

The Life Skills Program at the Jewel Wietzel Center is designed for severe to profound multiply disabled and/or students medically fragile.  These students need specialized medical and related services and close supervision in a school setting with a low student/teacher ratio.  LRE is often provided through reverse inclusion.

 

1. To provide a functional curriculum that is age appropriate and incorporates activities and experiences that assist the student in the mastery of his/her individual educational plan.

 

2. To provide health services to medically fragile students to support their participation in the educational program.

 

3. To provide instructional activities in natural settings to provide meaningful educational experience and increase the student's skill development.

 

4. To provide opportunities for the students to access the community to generalize skills taught in the classroom.

 

5. To foster a student's increased independence in his/her current living environment.

 

6. To prepare students to function with increased independence in future living environments.

 

 

7. To assist in transitioning from a separate campus to Life Skills classes on a regular campus.

 

8. To promote parental involvement in their child's educational program.

 

Criteria for Admission to theProgram

 

1. The student must meet criteria for special education services with an identified disability and an educational need
2. The ARDcommittee must determine that the student needs a functional curriculum to address the IEP goals and objectives.

 

3. The ARDcommittee must determine that the student's educational and/or medical

          needs cannot be met on the regular campus and the separate campus is the least restrictive environment for the student.

 

Curriculum

 

1. The TexasEssential Knowledge and Skills (TEKS) and FACES serve as the standard for the academic curriculum. Selected TEXTs are incorporated in the functional curriculum.

 

2. The functional curriculum includes instruction in the following domains:

 

Language Arts

Math

Science

Social Studies

Vocational

Personal Health

 

Teacher Responsibilities

 

1. To plan for instruction using information from the FIE, the IEP and other competency tests and observations.

 

2. To provide instruction as designated in the student's IEP using the Life Skills curriculum as a guide.

 

3. To assist the student in developing functional independence in critical life skills.

 

4. To attend ARDmeetings, report student progress and present a draft IEP for consideration by the ARD committee.

 

5. To report to the parents student mastery of the IEP goals and objectives on the same schedule for all HISD students.

 

6. To coordinate instruction with related service providers.

 

7. To assist in the development and implementation of the transition plan for secondary students.

 

8. To promote parental involvement in their child’s educational program and transition planning.

 

Location

 

The Life Skills program: separate campus is located at theJewel Wietzel Center.

 

What's Required

 

Eachschool district shall provide services to students with disabilities in order to meet the needs of those students in accordance with 34 CFR § 300.26. Instructional arrangements/settings shall be based on the individual needs andIEPs of eligible receiving special education services.

 

What We Do

 

Special Education services are frequently provided through in-class support services inthe general education classroom. This allows Harlandale ISD to provide specially designed instruction to students with disabilities that (a) addresses the unique needs of the student that result from his/her disability and (b)ensure the student's access to the general curriculum.

 

Monitoring Student progress in and of itself does not constitute a special education service. A student with a disability served solely in the general education classroom (mainstream) must have:

 

• An IEP specifying the special education and related services that enable the student to access the general curriculum and to make progress toward his/her individual goals and objectives; and
• Qualified special education personnel involved in the implementation of the student's IEP through the provision of direct, indirect and/or support services (a) to the student in the general education classroom and/or (b) in collaboration with the student's general education teacher. 

 

INSTRUCTIONAL SERVICES
MAINSTREAM/CONSULTATION	ITINERANT SUPPORT/CO-TEACH PROGRAM
Consultation services are designed for students whose academic needs can best be addressed in the regular classroom with minimal support.  The special education teacher provides indirect support to the student by consulting with the general education teachers on a schedule determined by the ARD committee.  Students in the mainstream receiving consultation services can generally be expected to master the Texas Essential Knowledge and Skills (TEKS).	The Itinerant Support/Co-Teach program is designed for students whose academic needs can be addressed in the regular classroom through instructional modifications and the additional support of special education personnel.   Itinerant support teachers, also known as inclusion teachers, travel into the individual regular education classrooms in which special education students are scheduled. The special education staff's primary responsibility is to the student(s) in special education that the ARD committee has determined will receive itinerant support. The inclusion staff may also help general education students needing academic assistance.   Inclusion teachers provide support to the students through such activities as co-teach, pre-teach, monitoring, reinforcement and small group instruction, all in coordination with the general educator in the regular classroom setting.
Program Objectives
1.            To provide indirect special education support that will assist students in functioning successfully in the general classroom.   2.            To provide a systematic and collaborative method for monitoring student progress.   3.            To provide support to the general educator through consultation with the special educator.  This consultation may include discussion of academic and/or behavioral modifications, specialized materials/equipment and monitoring of student progress.
Criteria for Admission to the Program
1.            The student must meet criteria for special education services with an identified disability and an educational need.   2.            The ARD committee has determined that the general education classroom is the least restrictive environment for the student.	1.    The student must meet criteria for special education services with an identified disability and an educational need.   2.    The ARD committee determines that the student's IEP goals and objectives can be addressed in the general education classroom through instructional modifications and support from itinerant support personnel.
Curriculum
1.    The Texas Essential Knowledge and Skills identifies the standards for the academic curriculum. 2.    The ARD committee selects academic and/or behavioral modifications needed by the student
Instructional Arrangement
Special Education Mainstream -This instructional setting is for providing special education instruction and related services according to the IEPs to eligible students with disabilities whose instruction and related services are provided in the regular education classroom with special education support.   This support is necessary to enrich regular education in order to enable success of all students. This support shall include direct instruction, liaison, team teaching, co-teaching, interpreter, special education aides, curricular or instructional modifications, special materials or equipment, consultation, staff development, reduction of ratio of students to instructional staff, and monitoring a student's progress in regular education classes. This setting also includes other direct or indirect services needed to implement the IEP of the students receiving special education services.
Teacher Responsibilities
1.    To provide support to special education students through consultation with the general educator. 2.    To consult with the general educator weekly regarding the academic and/or behavioral modifications, teaching strategies, materials and/or equipment needed to assist the student in the general education classes. 3.    To monitor student progress on the IEP goals and objectives and in all subject areas. 4.    To attend ARD meetings to report on student progress and to present a PLAAFP and draft IEP goals for consideration by the ARD committee.	1.    To facilitate collaboration and joint planning with regular educators in the inclusion classes. 2.    To provide instructional support in the general education classroom including such activities as observations, station teaching, parallel teaching, remedial teaching, supplemental teaching, co-teaching and monitoring guided or independent practice. 3.    To provide copies and assist general educators with the implementation of students' modifications, IEPs, and Behavior Intervention Plans if appropriate. 4.    To assist students in the development of study skills as identified in the IEPs. 5.    To attend ARD meetings, report progress, and present draft IEP goals and objectives for consideration by the ARD committee. 6.    To monitor and report student progress in all classes and on the IEP goals and objectives
Location
Mainstream/Consultation services are available to special education students at all elementary and regular secondary campuses.	In Class Support/Co-Teach/Inclusion services are offered on designated campuses at both the elementary and secondary level in the Harlandale Independent School District.

What’s Required

A manifestation determination must be made within 10 school days of any decision to make a DISCIPLINARY CHANGE OF PLACEMENT of the child with a disability because of a violation of a code of student conduct. 300.530(e)(1), TEC 37.004(b)(4), TEC 37.0022

The manifestation determination must be made by the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE. 300.530(e)(1), TEC 37.004(b)(4)

For children who are homeless or in substitute care, the local educational agency (LEA) must also provide notice to the child's educational decision-maker and case worker regarding manifestation determination reviews.TEC 25.007(b)(10)(C)

The admission, review, and dismissal (ARD) committee must review all relevant information in the child's file including: 300.530(e)(1)

•The child's individualized education program (IEP); 300.530(e)(1)
•Any teacher observations; and 300.530(e)(1)
•Any relevant information provided by the parents. 300.530(e)(1)

The conduct is a manifestation of the child's disability if the ARD committee determines that: 300.530(e)(1), 300.530(e)(2)

•The conduct was caused by, or had a direct and substantial relationship to, the child's disability; or 300.530(e)(1)(i)
•The conduct in question was the direct result of the LEA's failure to implement the IEP. 300.530(e)(1)(ii)

If the committee determines that the conduct is a manifestation of the child's disability, the LEA must comply with the WHEN BEHAVIOR IS A MANIFESTATION framework.
If the committee determines that the conduct is not a manifestation of the child's disability, the LEA must comply with the WHEN BEHAVIOR IS NOT A MANIFESTATION framework.

What We Do

MANIFESTATION DETERMINATION REVIEW

A manifestation determination review must be conducted for a removal for not more than 45 calendar days (weapons, drugs, or TEA hearing officer placement), or for a removal that constitutes a change of placement.

If based on the manifestation determination review, the district identifies deficiencies in the child's IEP or placement, or in their implementation, the district must take immediate steps to remedy those deficiencies. "Stay put" does not apply if a parent requests a hearing to challenge the determination that the behavior of the child was not a manifestation of the child's disability, except if the request is regarding a removal for not more than 45 school days (weapons, drugs, or TEA hearing officer placement).

If a parent requests a hearing or an appeal regarding a disciplinary action for a removal of not more than 45 school days (weapons, drugs, serious bodily harm or TEA hearing officer placement) to challenge the interim alternative educational setting or the manifestation determination, the child must remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the 45 days, whichever occurs first, unless the parent and the district agree otherwise.

Three requirements must be met for any disciplinary change in placement of more than ten days:

•On the date when a recommendation is made for disciplinary action that would constitute a change in placement (removal of longer than ten consecutive days), parents must be notified of that decision and their procedural safeguards under these provisions.
•Every disciplinary action that would constitute a change in placement requires a review of the relationship between the student's disabilities and the behavior in question.
•The manifestation determination review should take place immediately, but in no case later than ten days after the disciplinary recommendation.

All disciplinary actions that remove the child from the normal educational setting for more than ten consecutive school days constitute disciplinary changes in placement that require a manifestation determination. The determination must be made at least within ten days of the disciplinary decision but should be made immediately if possible.

An added notice requirement mandates that parents be notified of the disciplinary decision on the date it is made, as well as of their procedural safeguards under this section.

MANIFESTATION ARD STANDARDS

The manifestation determination must be made by relevant members of the IEP team or determined by the parent and school district.  The ARD committee may determine that a child's behavior was not a manifestation of the disability only if the ARD committee:

•Determined that the conduct in question was not caused by, or had a direct and substantial relationship to the student’s disability.
•Determines that the conduct in question was not the direct result of the district’s failure to implement the IEP.

MANIFESTATION ARD PROCEDURES

Whenever disciplinary procedures are considered for a special education student which would involve a change in placement, the DAEP special education liaison and LSSP schedules a Manifestation ARD to be conducted immediately following the discipline hearing.  The DAEP special education liaison notifies the parents.

Steps

1.LSSP reviews information from campus personnel pertaining to incident/s.

2.A review of the student's audit folder is also recommended.

3.The Manifestation ARD is made up of relevant members of the IEP team which might include the following people:

•An administrator
•Teachers-special and regular education
•A parent
•The student, if appropriate
•An LSSP, or diagnostician in some cases
•Speech therapist, if appropriate
•Other related services personnel, if appropriate

4.The Admission, Review, and Dismissal (ARD) Committee Meeting Brief Form is used in addition to the Manifestation Determination form.

5.Issues to be addressed are:

•Appropriateness of goals and objectives
•Modifications in regular education
•Placement
•Continuum of services

6.The student's Functional Behavioral Assessment/Behavior Intervention Plan is reviewed and/or developed.

7.The student's most recent ARD is reviewed and the statement regarding his or her ability to follow the Student Code of Conduct is considered.

The process will entail the provision for only one (1) ARD to be held after the discipline hearing. Also, unless a special education student commits a special circumstance offense, the student must have had a BIP in place for at least a grading period prior to recommending a hearing.

The procedures in chronological order are as follows:

1. OFFENSE - A student with a disability commits a disciplinary offense.

 

1. RECORDS - Disciplinary and special education records are reviewed by the campus administrator.

 

1. DISCIPLINARY DECISION - The campus administrator determines whether the offense(s) is mandatory or discretionary and whether it requires a change in placement/removal.

 

1. PARENT NOTIFICATION - Not later than the date on which the decision to take disciplinary action is made, the parent is notified of the decision and all procedural safeguards. (federal guideline).

 

NOTE:
Procedural Safeguards can be sent along with the administrator's disciplinary letter or recommendation. Use HISD's "Receipt ForExplanation Of ProceduralSafeguards'' form from the special education department. The parent signature for the receipt of ProceduralSafeguards can be obtained later at the campus or disciplinary hearing.

 

1. Campus will send a copy of the notification of a proposed hearing to Pupil Personnel and the Special Education Department so that the appropriate school evaluation personnel can be contacted. Make a notation of "IDEA" next to Pupil Personnel name under "Copy" section e.g. C: Pupil Personnel (IDEA). This will alert the department of the student's special education status.

 

1. A copy of the notice of hearing will be sent to the campus, DAEP, and the Special Education Department with the "IDEA" notation. The hearing officer should have hearing packets at least 2 days prior to the hearing. The packet should include the latest IEP and evaluation (FIE).

 

1. Pupil Personnel will schedule a hearing within 3-5 school days. The hearing officer will set specific dates for placement for mandatory offenses, but will not set dates for discretionary offenses until after the results of the manifestation ARD.

 

1. DISCIPLINARY HEARING - After the disciplinary hearing, copies of the hearing results will be given to appropriate persons.

 

1. If the hearing officer recommends a change of placement, a manifestation ARD will be conducted.

 

1. MANIFESTATION ARD - The manifestation ARD (MDR) must be held no later than 10 days after the date of the decision to take disciplinary action (Not the hearing decision). If a student has been removed from placement for 10 days (nonconsecutive) an MDR must be held by the 11th day. Manifestation ARDs will take place at Pupil Personnel.  Pupil Personnel is required to have a copy of the ARD results (only the "Disciplinary ARD I-page supplement & the deliberations}.

 

1. DAEP SPECIAL EDUCATION LIAISON - will notify all required ARD members.  Student demographics, complete ARD, and IEP will be provided prior to the student's placement at the DAEP.  For expulsions, everything remains the same except the liaison must contact Special Education for assistance in inviting JJA personnel to the ARD. and providing current ARD and assessment to JJA.

Please review the Student Code of Conduct to familiarize yourself with the mandatory ("shall") offenses and the discretionary ("may") offenses.

MANIFESTATION DETERMINATIONS

Regular disciplinary procedures and sanctions may be applied if the IEP team properly determines that a student's behavior is not a manifestation to the student's disability. Schools are reminded that regular due process requirements nevertheless apply, as would be the case for a similarly-situated non-disabled student.

In providing IDEA students regular disciplinary due process, the school must ensure that board designees conducting disciplinary hearings or proceedings receive the students' special education records and previous disciplinary documentation, so that this information is considered in making a final disciplinary determination. Special education records must be forwarded to the board designee who handles regular discipline hearings involving IDEA students. In addition, the district must ensure that the board designee receives previous disciplinary records as well.

Schools may consider including a statement of written notice of AES placement or expulsion so that the school decision-maker has reviewed special education and discipline records prior to rendering a final decision. Final decision-makers must receive the appropriate records in a timely fashion when needed.

PROCEDURES FOR REFERRAL TO DAEP

1.A Manifestation ARD is held at which a student's behavior is determined to be subject to regular disciplinary procedures.

2.The student's current ARD and assessment are sent to the office of the District Disciplinary Hearing Officer.

3.The office of the District Disciplinary Hearing Officer notifies DAEP/AEP of plans to assign the student to this facility as soon as the decision is made. The student's special education paperwork is immediately sent to DAEP

4.An ARD is held at Pupil Personnel immediately following the discipline hearing.   The following individuals should attend:

•The home campus and administrator
•The DAEP special education liaison
•The student, if appropriate
•The parent(s)
•DAEP/AEP regular education
•Appropriate assessment person (LSSP/diagnostician or a person who can interpret assessment data)

5.Issues to be addressed at this ARD include:

•The student's IEP
•The Behavior Intervention Plan
•Classes and modifications
•Placement at DAEP/AEP
•Services needed

AUTHORITY OF HEARING OFFICER: 45 DAY ALTERNATIVE EDUCATIONAL SETTING (AES) PLACEMENT

A hearing officer under this section may order a change in the placement of a child with a disability to an appropriate interim alternative educational setting (AES) for not more than 45 days if the hearing officer:

•Determines that the public agency has demonstrated by substantial evidence that maintaining the current placement of such child is substantially likely to result in injury to the child or to others;
•Considers the appropriateness of the child's current placement;
•Considers whether the public agency has made reasonable efforts to minimize the risk of harm in the child's current placement, including the use of supplementary aids and services; and
•Determines that the interim alternative setting meets the requirements outlined in state regulations.

In situations that do not involve weapons, drug offenses or serious bodily harm and where the student's behavior is related to his/her disability, the school can request that a hearing officer order a change in placement to an AES for 45 school days. The school bears the legal burden of proof and:

•The hearing officer's ruling must come under a heightened "substantial evidence" standard, which is defined as beyond the normal "preponderance of evidence" parents must generally produce in other IDEA due process hearings;
•The school must defend the child's overall programming and placement, and show that the AES would provide the child a free and appropriate education in accordance with the IEP;
•The school must also show that it has made reasonable efforts to minimize the risk of harm in the child's regular placement.

Schools must keep in mind that if the district attempts to obtain a 45-day placement from a hearing officer and fails, there is a possibility of liability for opposing attorney's fees for successfully defending a parent.

Seeking a 45-day AES placement from a hearing officer can be repeated, if necessary.

LONG-TERM DISCIPLINARY REMOVALS (DRUGS/SERIOUS BODILY HARM/ WEAPONS)

School personnel under this section may order a change in the placement of a child with a disability to an appropriate educational setting for the same amount of time that a child without a disability would be subject to discipline, but for not more than 45 days if:

•The child carries a weapon to school or to a school function under the jurisdiction of a State or a local educational agency; or

•The child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function under the jurisdiction of a State or local educational agency.

•The child commits serious bodily harm.
Schools can thus place students in alternative educational settings (AESs) for the same amount of time that a non-disabled child would be placed there for the same offense, but not longer than 45 school days, irrespective of behavior-disability manifestation, if they engage in the following behaviors:

•Carrying a weapon to school or to a school function-the term "weapon" means a weapon, device, instruments, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 ½ inches in length.

•Knowingly possessing or using illegal drugs, or selling or soliciting the sale of a controlled substance while at school or a school function. The reason for the different treatment of "illegal drugs" and "controlled substances" is that the term "controlled substances" may include certain prescribed drugs, such as Ritalin (methylphenidate). Students' possession or use of legally prescribed medication is not an offense (unless they have violated a local policy on medications). Saleor solicitation of these controlled substances, however, is a drug offense within the meaning of this provision. Thus, a student may legally possess and use his Ritalin, but he may not sell it to others.

•Committing serious bodily harm.
The 1997 provision allows for 45-school-day removals to an AES, irrespective of behavior-to-disability link, for offenses at school involving a broad range of weapons and drugs, if such removals would normally take place for similarly-situated, non-disabled students. Again, a manifestation determination is not necessary for these "special" AES placements, although a manifestation determination must nevertheless be conducted.

PARENT DISCIPLINE APPEALS

Parents may request IDEA due process hearings to challenge an IEP team's decision that a behavior was not related to the disability or that the IEP was appropriate. In addition, parents can attack the appropriateness of the interim AES placement and the services provided there. In these situations, the hearing must be expedited at the parents' request. The hearing officer must determine whether the IEP team demonstrated that the child's behavior was not a manifestation of disability or inappropriate placement.

Expedited hearings must result in a written decision within 45 calendar days, with no extensions or continuances allowed. In addition, state rules regarding expedited hearings must apply the same timeline to all expedited hearings, regardless of which party requests the hearing.

PLACEMENT DURING APPEALS

When a parent requests a hearing regarding a disciplinary action to challenge the interim alternative educational setting or the manifestation determination, the child remains in the interim alternative education setting pending the decision of the hearing officer or until the expiration of the time period (45 calendar days) whichever occurs first, unless the parent and the state or school district agree otherwise.

This "stay-put in AES" is only applicable to drug or weapon offenses and AES placements ordered by a hearing officer. The regular formulation of "stay-put" applies in situations where the parent requests a hearing to challenge the IEP team's manifestation determination. A parent is allowed to request an expedited hearing to challenge the placement before it expires by its own terms.

If a child is placed in AES for a drugs/weapons/serious bodily harm offense or by order of a hearing officer, and the school proposes to change the child's placement after the AES term, during any challenge to the post-AES placement, the child must remain in the placement that was in effect prior to the AES placement.

If the school feels that it would be dangerous to maintain the student in the pre-AES placement during the course of challenges to the post-AES placement offer, the district may request an expedited hearing. In determining whether the child may be placed in AES or another appropriate placement, the hearing officer must apply the four-part standard. The hearing officer must find:

•The school has demonstrated by substantial evidence that maintaining the current placement is substantially likely to result in injury.
•The current placement is appropriate.
•The district's efforts to minimize the risk of harm were reasonable.
•The AES is appropriate and can confer a free appropriate education.

PROTECTION FOR CHILDREN NOT YET ELIGIBLE FOR SPECIAL EDUCATION

The district would not be deemed to have knowledge if, as a result of receiving the information, the district either:
•Conducted an evaluation and determined that the child was not a child with a disability; or
•Determined that an evaluation was not necessary and provided notice to the parents of its determination.

If the district does not have knowledge that a child has a disability prior to taking disciplinary measures, the child may be disciplined in the same manner and to the same extent as comparably situated non-disabled students.

If the parent requests an IDEA due process hearing to contest the failure to identify the child under IDEA, the child must remain in the disciplinary placement pending the hearing officer's decision.

In situations where the district had no reason to suspect that a child was disabled, if a request is made for an IDEA evaluation during the time in which the child is being subjected to discipline, the evaluation shall be conducted in an expedited manner. While the evaluation is pending, however, the child must remain in the disciplinary placement. If the child is determined to qualify for IDEA services, the district must proceed to serve the child appropriately.

If the child is determined to qualify for IDEA services, the district should convene an IEP team meeting to determine if there is a link between behavior and disability in accordance with the provisions set forth previously. If there is a link, the child must be returned to an appropriate non-disciplinary educational placement.

REPORTS TO LAW ENFORCEMENT

Nothing in IDEA should be interpreted to either prohibit the district from reporting a crime committed by a disabled student, or prevent state law enforcement and judicial authorities from exercising their responsibilities. When the district reports crimes committed by IDEA-eligible children, copies of special education and disciplinary records must be forwarded to the appropriate law enforcement and/or judicial authorities for consideration.

Schools have the prerogative to seek assistance from law enforcement authorities, without such action necessarily triggering any IDEA safeguards in the process. Schools may still be found to violate IDEA if they resort to law enforcement in ways that appear designed to avoid complying with the free and appropriate education requirement, however.

Generally, the Family Educational Rights and Privacy Act requires written parental consent prior to disclosure of a student's educational records to third parties. A situation involving possible criminal activity at school may constitute a health or safety emergency, which would be an exception to the consent requirement found in the new Family Educational Rights and Privacy Act regulations.

Schools are advised to develop procedures whereby they coordinate with the special education department to ensure that consent will be sought, and if consent is obtained or a Family Educational Rights and Privacy Act exception applies, records will be collected and forwarded to the appropriate authorities within a reasonable time frame after a law enforcement referral.

What's Required

Music Therapy is an established health profession in which music is used within a therapeutic relationship to address physical, emotional, cognitive, and social needs of individuals. American Music Therapy Association, 2015.

As a related service,music therapy provides services to students with disabilities that are determined by the ARD committee to need these services in order to benefit from their special education.

What We Do

ReferralProcess

When a campus or parent concern arises for a student that may require the expertise of a music therapist as related to the student's educational needs, the campus will consider whether a referral to music therapy is warranted. There are several circumstances under which a referral to music therapy may be generated.

1. Students may be currently receiving special education services and demonstrate a lack of progress on a goal in an area that may require the addition of music therapy in order to allow the student to make satisfactory progress on that goal. 
2. Students may move into the district with music therapy as part of their individual education plan.
3. Students may be undergoing an initial full and individual evaluation to determine eligibility for special education and the assessment team identifies the need for information from music therapy to assist in making the eligibility determination.
4. It is determined at the Review of Existing Evaluation Data meeting that updated assessment from music therapy is needed.

EvaluationProcess

The music therapy assessment includes the general categories of psychological, cognitive,communicative, social, and physiological functioning focused on the client's needs and strengths. The assessment will also determine the client's response to music, music skills and musical preferences. Assessment methods may include,but need not be limited to, observation during music or other situations,interview, verbal and nonverbal interventions, and testing. American MusicTherapy Association Standards for Clinical Practice.

ServiceDelivery Models

• Student specific services are provided in an integrated model to facilitate the implementation of the individualized educational program (IEP) in the natural environment at school (including classrooms, hallways, cafeterias, gym, playground, etc.) Student specific MT services are available for all students receiving special education services if an educational need is identified by the ARD Committee. MT services are provided as an integrated support. Integrated MT service time may be used to work with the student in classroom or other school environments to determine appropriate strategies, interventions and musical equipment/tools, and to train instructional staff on how and when to use strategies, interventions and musical equipment/tools. Services may be provided in a group music therapy session in order to address goals that often require socialization, communication and cooperation with others.  The MT provider will participate with the collaborative team on the campus to assess the effectiveness of interventions and to revise/adapt interventions as needed.

Technical assistance may be provided to students who are in either special education or general education. Technical assistance is provided in the form of general recommendations for instructional strategies that may benefit groups of students with needs similar to the student for whom technical assistance is being requested.

What's Required

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 (§ 300.34, Federal Regulations).

Occupational Therapy(OT) is a related service under Part B of the Individuals with DisabilitiesEducation Act (IDEA), and is provided to help a student with a disability to benefit from special education. OTs are healthcare professionals who help individuals, injuries, and illnesses improve or recover their ability to perform everyday activities.

“Occupational Therapy'' is the therapeutic use of everyday life activities(occupations) with individuals or groups, for the purpose of enhancing or enabling participating in roles, habits, and routines in home, school, workplace community and other settings. Occupational therapy practitioners are concerned with the end result of participation and thus enable engagement through adaptations and modifications to the environment or objects within the environment when needed." (Occupational therapy practice framework: domain & process, 3rd Edition (2014). American Journal ofOccupational Therapy (AJOT). 68 (Supplement 1). S44. 

School OccupationalTherapists promote students’ success and independent participation across school based routines and settings. They support student’s ability to participate in desired daily school activities or “occupations”. Through Ongoing team collaborations, including those with students, occupational therapists foster student’s access and progress throughout curricular and extracurricular activities. They offer evidence-based interventions that diminish or eliminate barriers to participate and build competencies required for learning, positive behavior and social participation. OccupationalTherapists work collaboratively with the student's IEP team and participate in screening, evaluation, program planning and providing interventions. They also have a critical role in educating parents, educators, administrators and other campus staff to promote student success. (American Occupational TherapyAssociation Fact Sheet). 

What We Do

Occupational Therapy as a related service uses activity and adapted surroundings to facilitate the student's independent functioning and that decreases the effects of the handicapping condition on the student's ability to participate in the educational process. This service endeavors to assist in the development of underlying skills needed for a student's success in his/her individual educational program.

Occupational Therapy as a related service may be indicated when a student has a significant degree of dysfunction in fine motor,perceptual, sensory motor and/or self-help skills that interferes with his/her educational performance.

Objectives

1. To collaborate with the ARDC in theIEP development.

 

2. To demonstrate or recommend activities, techniques, and devices that can be used in the implementation of the IEP by working directly with students or consulting/collaborating with staff.

 

3. To assist with obtaining and using specialized equipment and technology, such as that needed for positioning,mobility, feeding, writing, and communication.

 

HARLANDALE INDEPENDENTSCHOOL DISTRICT

Physical Therapy / Occupational Therapy

Program / Services

 

IF STUDENT IS IN SPECIAL EDUCATION (Follow instructions listed below)		IF STUDENT IS NOT IN SPECIAL EDUCATION (Follow instructions listed below)
1.   ARD Committee Referral ∙         Minimal concern – screening ∙         Significant concern – evaluation           Get parent consent for either.		1. CSST meets to consider student needs.
2.   Receive referral / consent or packet.  PT/OT do screen or evaluation in allotted time 45 instructional days.		2.  Consent / Parent to screen or consult with staff on program recommendation.
3.   Notify special education department of completion		3.  OT/PT performs screening.
4.   ARD scheduled and report reviewed at ARD with service recommendations made.		4.  Write up a screen report or contact note – copy it to the staff and committee.
5.   Services begin as per ARD approval and documentation. Services end once goals have been accomplished and/or PT/OT evaluation indicates dismissal.		5.  If student requires ongoing PT/OT, service then special education services and referral to special education must be initiated

 

OCCUPATIONAL THERAPY AND PHYSICAL THERAPY AS RELATED SERVICES

Therapy services may be integrated into a student’s instructional setting when necessary.  Therapy interventions may follow a consultation and/or direct therapy service model.  Therapy services may be provided on an individual basis, in a group setting and/or in consultation with the instructional staff.  Services will be in collaboration with the teacher, student and parents.  Therapy services are provided according toIDEA guidelines for those students who need such intervention to benefit from their educational programming.

 

The following are functional areas of OT and PT services in an educational setting:

 

Functional Area	Relationship to Education	OT/PT Services
Self-Help	To allow the student as much independence as possible in accessing the educational environment.	Enhance functional abilities, which may include adaptive equipment for grooming, toileting, dressing and feeding.
Functional Mobility	To permit student’s safe mobility within the educational environment.	Assist students with safe mobility, positioning and transfer skills with or without equipment.
Environmental Adaptations	To permit student access within the educational environment.	Provide recommendations for modifications, adaptive devices and equipment, removal of architectural barriers; provide consultation on use of assistive technology to benefit from educational programs.
Positioning	To permit students the best position for learning and participation in the educational program.	Provide training and positioning with adaptive equipment, handling methods and energy conservation in the educational program.
Fine Motor	To enable students to engage/access manipulatives, classroom materials, tools, and achieve class work within appropriate timeframes.	Recommend techniques or modifications (i.e., assistive technology) to facilitate fine motor tasks.
Sensory Motor	To facilitate student’s ability to process sensory stimuli in order to access and participate in classroom and classroom activities.	Recommend interventions and techniques, make environmental modifications, and provide sensory seeking/calming implements to facilitate students tolerance and engagement in the school setting.

 

NOTE:

If a problem is not interfering with the student’s ability to participate in the educational program, then the problem is not educationally relevant and would not constitute a need for OT and/or PT services in the educational setting.

If a child utilizes a wheelchair for mobility or has some other physical disability that could be problematic in a two-story building, consideration is given when scheduling the student for classes.

 

Service DeliveryModels

 

∙        Student specific services are provided in an integrated model to facilitate the implementation of the individualized educational program (IEP) in the natural environment at school (including classrooms, hallways, cafeterias, gym, playground, etc.)Student specific OT services are available for all students receiving special education services if an educational need is identified by the ARD Committee.OT services are provided as an integrated support. Integrated IT service time may be used to work with the student in classroom or other school environments to determine appropriate strategies, interventions and adapted equipment, and to train instructional staff on how and when to use strategies, interventions and adapted equipment. The OT provider will participate with the collaborative team on the campus to assess the effectiveness of interventions and to revise/adapt/discontinueinterventions as needed.

 

∙        Technical assistance may be provided to students who are in either special education or general education. Technical assistance is provided in the form of general recommendations for instructional strategies that may benefit groups of students with needs similar to the student for whom technical assistance is being requested.

 

∙        An occupational therapist is available to each campus in Harlandale ISD and is available as a campus resource.

 What's Required

Orientation andMobility (O&M) is a very important component in the spectrum of services provided to students with visual impairments. In addition to the general education that all students receive, students with visual impairments, starting at birth, also need the Expanded Core Curriculum to meet needs directly related to their vision disability (NASDSE, 1999, p. 70). O&M is one of the related services within the Expanded Core Curriculum for students with visual impairments. Movement, independent or supported, is critical for learning.Orientation & mobility (O&M) is recognized in IDEA20​04 as a related service,which may be required to assist a student with a visual impairment to benefit from special education. Orientation and mobility specialists provide instruction to students whose visual impairment has adversely affected their ability to travel. It is a necessary skill in the achievement of independence."Orientation" is the ability to know where one is and how to get to the desired location. It includes body awareness concepts, spatial concepts, and environmental concepts. "Mobility" is the ability to safely navigate from one's present location in the environment to one's desired location in another part of the environment. It includes skills such as guide technique,self-protective techniques and cane skills 34 CFR §300.304(c)(4) requires that "the student is assessed in all areas related to the suspected disability" and34 CFR 300.304(c)(6)requires that "the evaluation is sufficiently comprehensive to identify all of the student's special education and related services needs".

 

What We Do

Referral Process for students with vision loss

• An evaluation of orientation and mobility skills by a Certified Orientation and Mobility Specialist (COMS) must be completed, along with the evaluation by a teacher of students with visual impairment (TVI), when establishing initial eligibility as a student with a visual impairment.
• The Eye Medical Report should indicate whether the student has no vision or a serious visual loss after correction, or a progressive medical condition that will result in no vision or serious vision loss after correction. A Functional Vision Evaluation (FVE) analyzes how a student actually performs visually in a variety of environments, including familiar and unfamiliar environments, in different lighting conditions, and requiring the use of both near and distance vision.

• The Functional Vision Evaluation (FVE) must include recommendations concerning the need for an Orientation and Mobility Evaluation, to determine whether there is a need for specific instruction to ensure safe and efficient movement and travel in the home, school, and community.
•  

Service DeliveryModels

• The types of service delivery models available include:
• Monitoring/Consultation
• Direct
• Integrated

• The ARD/IEP committee determines the appropriate service delivery model and the frequency and duration of services based on the evaluation and recommendation from the O&M specialist.

 

ProgramObjectives

 

1. To provide informal/formal assessment of the student's visual skills for orientation and mobility activities.

 

2. To provide support and training to parents of children with visual impairments.

 

3. To provide individualized educational services as specified in the student's ARD. These Services may include consultation, monitoring and/or direct instruction.

 

4. To assist students and staff in the appropriate use of adaptive equipment.

 

5. To monitor the progress of VI students to ensure appropriate services.

 

6. To prepare students to function with increased independence in future living environments.

 

7. To promote parental involvement in their child's educational program.

 

TeacherResponsibilities

 

The certified orientation and mobility specialist provides instruction to students with identified visual impairments, as designated in the student's IEP, in the following areas:

 

• Evaluation
• Spatial Orientation
• Directionalorientation
• Concept Training
• Sighted Guide
• Protective Techniques
• Search Patterns
• Trailing Techniques
• Use of low vision aids
• Use of residual vision for safe travel
• Cane skills
• Indoor and outdoor travel skills
• Use of public transportation skills
• Map skills
• School familiarization
• in-service training

 

 

Location

 

Orientation and mobility services are available to students with identified visual impairments on all elementary and secondary campuses.The district also provides home-based services for infants 0-3 in cooperation with the designated Early Childhood Intervention agency.

What's Required

Texas Administrative Code § 89.61. Contracting for Residential Educational Placements for Students with Disabilities. Residential placement.  A school district may contract for residential placement of a student when the student's admission,review, and dismissal (ARD) committee determines that a residential placement is necessary in order for the student to receive a free appropriate public education (FAPE).

 The school district has the following responsibilities when making a residential placement:

 Before the school district places a student with a disability in, or refers a student to, a residential facility, the district shall initiate and conduct a meeting of the student's ARD committee to develop an IEP for the student in accordance with 34Code of Federal Regulations, §§ 300.320-300.325, state statutes, and Commissioner of Education rules.

What We Do

​When a student who is already served in a self-contained classroom/program shows increasingly severe challenging behaviors that pose a threat to the safety of the student and/or other people despite the consistent implementation of the Behavior Intervention Plan and other intervention supports, a staffing is scheduled to review students programming, consider other possible interventions, review current data, and discuss the continuum of supports. The staffing would include the following members: Administrator, Teachers, LSSP, Behavior Specialist, and Special Education Coordinator and/or Director.

Parent conference will be scheduled to discuss the outcome of staffing and to receive input from parents.Special Education Director reviews all information and data. Non Public School Administrators could be contacted and an Admission, Review and Dismissal meeting is scheduled to review IEPs, discuss program​, placement and options of continuum of support.

Once the ARD committee has agreed on an out of district placement, it will determine a reintegration plan and implementation timeline. The Harlandale Independent School District administrator will initiate the transfer process and facilitate a site visit for the parents to the Non Public School campus. Scheduled site visits with student and Non Public School staff will be initiated through Harlandale ISD Special Education Coordinator and Administrators every 6 weeks or more often as needed for continued support of students.

Based on individual student needs while attending Non Public School campus, the Harlandale ISD Special Education Coordinator, LSSP, and ARD Facilitator/Liaisons will coordinate staffing meetings and/or ARD meetings to discuss the student's IEP progress,programming and reintegration plan. 

The following mandatory procedures for a special education student transferring from another district:

1. The school secures a Notice for Release/Consent to Release Confidential Information from the previous school district.
2. A transfer ARD must be held to determine whether the student is eligible for special education services under the following conditions:

∙        The parent(s) verifies that the student is disabled and was receiving special education services in the previous school district. 

∙        The previous school district verifies that the student is disabled and was receiving special education services in the previous school district.

∙        The previous school district verifies in writing or by telephone that the student is an eligible handicapped student.

3. The student is placed in special education temporarily. The placement is contingent upon either valid assessment data from the previous school district or the collection of new assessment data by the diagnostician and/or licensed specialist in school psychology.

NOTE: Unless the student is medically fragile or presents a danger to himself and/or others, the student remains at his/her home base school during the temporary placement. 

 

4. The school notifies the diagnostician/supervisor of the transfer ARD committee meeting and recommendations are made.

NOTE: A copy of the temporary ARD must be submitted to the special education
department. 

5. The diagnostician/licensed specialist in school psychology tracks the progress of the case for compliance with Texas Education Agency (TEA) timelines.  A second ARD (Permanent Placement) committee meeting must be held within 30 school days of the transfer placement to determine eligibility and services.

Collection of Evaluation Data 

1. The school requests evaluation data from the previous school through TREx to the special education department. If valid evaluation data is not received within thirty school days, a referral must be initiated to continue special education services.
2.   The diagnostician/licensed specialist in school psychology reviews the data and proceeds as follows:

∙        Accepts the eligibility report if documentation indicates the student continues to be eligible for special education services, and confers with the student’s special education teacher to prepare a draft of new IEP goals and objectives to be presented to the ARD committee for consideration at the ARDC meeting.

                                           OR

∙        Determines that additional evaluation is required, completes the evaluation according to TEA guidelines, and prepares the eligibility folder for ARD committee action.

ADMISSION ARD COMMITTEE MEETING AND PLACEMENT

1. If evaluation data indicate that the student may need placement in a specific education program not available on the student’s home campus, the school notifies the Special Education Coordinator for a possible unit designation.
2. The school determines the date of the ARD committee meeting and sends notice of the meeting to all participants,including related services representatives, if appropriate.

What's Required

From time to time,disputes may arise between the parent(s) and the school district relating to the identification, evaluation, or educational placement or the provision of a Free Appropriate Public Education (FAPE), for a student with a disability. The Texas EducationAgency (TEA) encourages and supports the resolution of any dispute at the lowest level possible and in a prompt, efficient, and effective manner. The possible options for resolving disputes include, but are not limited to:

•       meetings of the student's admission, review, and dismissal committee;

• meetings or conferences with the student's teachers;
• meetings or conferences, subject to local school district policies, with campus administrator(s), the special education director of the district (or the shared services arrangement to which the district may be a party), the superintendent of the district, or the board of trustees of the district;
• requesting an independent IEP facilitator from TEA to facilitate an ARD committee meeting with parties who are in dispute.  TEA sets conditions that must be met which are found in the Notice of Procedural Safeguards;
• requesting mediation through the TEA in accordance with the Individuals with Disabilities Education Act (IDEA),and 34 CFR 300.506(b);
• filing a complaint with the TEA in accordance with 34 CFR 300.153(b); or
• requesting a due process hearing through theTEA in accordance with IDEA and 34 CFR 300.507.
• upon the filing of a request for a due process hearing, the parent(s) and the school district shall also be provided with an opportunity to resolve the dispute through the mediation process established by 34 CFR 300.510(a).

 

What We Do

Local resolution is a voluntary process that should be the first option, giving parents and the district the chance to resolve any concerns.

∙        As a first step, theparent(s) should contact their child's school and speak to the principal for special education team lead or department chairperson regarding a concern.

∙        If contacting the campus personnel is not providing a solution to the problem, theparent(s) should contact the campus ARD Facilitator/Liaison and discuss the concern that is occurring on campus and the individual will direct them to the appropriate staff member to discuss their concern. The campus personnel can provide the parent with the campus ARD Facilitator/Liaison numberor call (210) 989-5255 to ask who your student’s campus ARD Facilitator/Liaisonby providing your child’s campus.

∙        If the special education contact that is provided to you is not able to assist with solution, the parent(s) should contact the Special Education office to speak with the Special Education Coordinator (210) 989-5256 or the SpecialEducation Director at (210) 989-5259.

∙        If all efforts to reach a solution with the district are unsuccessful, the parent(s) or other interested party can file a complaint with the Texas EducationAgency.

 

 

 

Theparent(s) may also file a due process with TEA to resolve the issue(s)before a special education hearing officer

 

∙        If the parties resolve any issues, the parents should contact TEA either verbally or inwriting to request that the complaint/due process be withdrawn or that certain issues be dismissed.

∙        If there are any remaining issues that were not resolved, TEA will evaluate whether it must investigate those issues.

 

Resources

 

Legal Framework

 Texas ProjectFIRST (Families Information Resources Support And Training) is a project of the Texas Education Agency and is committed to providing accurate and consistent information to parents & families of students with disabilities.

The Partners Resource Network (PRN)is a non-profit agency that operates the statewide network of federally funded Parent Training and Information Centers (PTI's) in Texas. Themission of PRN is to empower parents of children and youth with disabilities in their roles as parents, decision makers, and advocates for their children and to promote partnerships among parents and professionals.

TEA Toll Free Parent Information Line: 1-800-252-9668. This toll free message line is reserved for parents and other family members who have questions about student rights and regulatory requirements as they relate to special education complaint investigations, mediations, and due process hearings. Calls are returned by trained professionals during normal business hours. For Individualswho are Deaf or Hard of Hearing: TTY Number: (512) 475-3540 Relay Texas 7-1-1.Division of Federal and State Education Policy 1701 North Congress Avenue |Austin, Texas 78701-1494 Telephone: (512) 463-9414 | Fax: (512) 463-9560E-mail: sped@tea.state.tx.us

The A Guide to theARD Process Booklet (English, Spanish) is produced to implement Texas Education Code (TEC) Section26.0081 requiring the Texas Education Agency (TEA) to create a comprehensive,easily understood document which explains the individualized education program(IEP) process for a student in a special education program. Additionally,the ARD Guide incorporates a parent's rights and responsibilities concerning the ARD/IEP process. The ARD/IEP Guide is intended to be a companion document to, not a replacement for, the Procedural Safeguards,which identifies parents' rights and responsibilities in federal law. The Purpose of the ARD/IEP Guide is to encourage a common understanding for parents, school personnel, and communities of the IEP process for a student with disabilities.

 

What's Required

Physical Therapy

(9) Physical therapy means services provided by a qualified physical therapist. (§300.34, Federal Regulations).

"Physical therapists are health care professionals who help individuals maintain, restore, and improve movement, activity, and functioning, thereby enabling optimal performance and enhancing health,well-being, and quality of life." The Physical Therapist Scope of Practice(2015).  American Physical Therapy Association.

As providers of Physical Therapy in the school system,Physical Therapists provide services under Part B of the Individuals with Disabilities Education Act (IDEA).  Under IDEA physical therapists,"work collaboratively with a student's IEP team and participate in screening, evaluation, program planning, and intervention. As a member of the IEP team, physical therapists design and implement physical therapy interventions - including teaching and training of family and education personnel and measurement and documentation of progress - to help the student achieve his/her IEP goal. Physical therapists assist students in accessing school environments and benefiting from their educational program." Fact Sheet on Providing Physical Therapy in Schools under IDEA 2004 (2009). American Physical Therapy Association, Section on Pediatrics. 

WhatWe Do

Physical Therapy as a Related Service

Some students have physical impairments which interfere with their ability to get from one location to another, to transfer from one supportive surface to another or to position the total body for participation in school tasks. When these physical impairments interfere with the student's ability to access and benefit from his/her educational programming the student may qualify for physical therapy interventions.

The physical therapist, after receiving a referral for physical therapy assessment, evaluates the student's condition and educational program to determine the student's needs in the areas of mobility, transfers and positioning for participation in school tasks.

The physical therapist presents the evaluation report to the ARD committee for determination of eligibility for physical therapy as a related service. The ARD committee then determines the duration, type and frequency of physical therapy interventions.

OCCUPATIONAL THERAPY AND PHYSICAL THERAPY AS RELATED SERVICES

Therapy services may reintegrated into a student’s instructional setting when necessary. 
  
Therapy interventions may follow a consultation and/or direct therapy service model. 

Therapy services may be provided on an individual basis, in a group setting and/or in consultation with the instructional staff.  Services will be in collaboration with the teacher, student and parents.  Therapy services are provided according to

Objectives

1. To collaborate with the ARDC in the IEP development.
2. To demonstrate or recommend activities, techniques, and devices that can be used in the implementation of the IEP.
3. To assist with obtaining and using specialized equipment and technology, such as that needed for positioning,mobility, feeding, writing, and communication.

HARLANDALE INDEPENDENT SCHOOL DISTRICT  Physical Therapy / Occupational Therapy Program / Services
IF STUDENT IS IN SPECIAL EDUCATION (Follow instructions listed below)	IF STUDENT IS NOT IN SPECIAL EDUCATION (Follow instructions listed below)
1. ARD Committee Referral Minimal concern – screening Significant concern – evaluation Get parent consent for either.	1. CSST meets to consider student needs.
2. Receive referral / consent or packet. PT/OT do screen or evaluation in allotted time 45 instructional days.	2. Consent / Parent to screen or consult with staff on program recommendation.
3. Notify special education department of completion	3. OT/PT performs screening.
4. ARD scheduled and report reviewed at ARD with service recommendations made.	4. Write up a screen report or contact note – copy it to the staff and committee.
5. Services begin as per ARD approval and documentation. Services end once goals have been accomplished and/or PT/OT evaluation indicates dismissal.	5. If student requires ongoing PT/OT, service then special education services and referral to special education must be initiated

 

Therapy services may be integrated into a student’s instructional setting when necessary.  

Therapy interventions may follow a consultation and/or direct therapy service model. 

Therapy services may be provided on an individual basis, in a group setting and/or in consultation with the instructional staff.  Services will be in collaboration with the teacher, student and parents.  Therapy services are provided according to IDEA guidelines for those students who need such intervention to benefit from their educational programming.

The following are functional areas of OT and PT services in an educational setting:

Functional Area	Relationship to Education	OT/PT Services
Self-Help	To allow the student as much independence as possible in accessing the educational environment.	Enhance functional abilities, which may include adaptive equipment for grooming, toileting, dressing and feeding.
Functional Mobility	To permit student’s safe mobility within the educational environment.	Assist students with safe mobility, positioning and transfer skills with or without equipment.
Environmental Adaptations	To permit student access within the educational environment.	Provide recommendations for modifications, adaptive devices and equipment, removal of architectural barriers; provide consultation on use of assistive technology to benefit from educational programs.
Positioning	To permit students the best position for learning and participation in the educational program.	Provide training and positioning with adaptive equipment, handling methods and energy conservation in the educational program.
Fine Motor	To enable students to engage/access manipulatives, classroom materials, tools, and achieve class work within appropriate timeframes.	Recommend techniques or modifications (i.e., assistive technology) to facilitate fine motor tasks.

NOTE:

If a problem is not interfering with the student’s ability to participate in the educational program, then the problem is not educationally relevant and would not constitute a need for OT and/or PT services in the educational setting.

If a child utilizes a wheelchair for mobility or has some other physical disability that could be problematic in a two-story building, consideration is given when scheduling the student for classes.

"Physical therapists engage in an examination process that includes taking the individual's history, conducting standardized systems review, and performing selected tests and measures to identify potential and existing movement-related disorders."  Guide to Physical Therapist Practice 3.0.Alexandria, VA: American Physical Therapy Association; 2014. School-based PTs may evaluate students with disabilities to determine the need for services in the educational setting. As a related service to special education, physical therapy services may be recommended to the individualized education program(IEP) team if the expertise of a PT is required for students to access the general education curriculum, to participate in their educational environment,and to benefit from their specially designed educational program.

Service Delivery Models

Student specific services are provided in an integrated model to facilitate the implementation of the individualized educational program (IEP) in the natural environment at school (including classrooms, hallways, cafeterias, gym, playground, etc.) Student specific OT services are available for all students receiving special education services if an educational need is identified by the ARD Committee. OT services are provided as an integrated support. Integrated OT service time may be used to work with the student in classroom or other school environments to determine appropriate strategies, interventions and adapted equipment, and to train instructional staff on how and when to use strategies, interventions and adapted equipment.

 

•      The OT provider will participate with the collaborative team on the campus to assess the effectiveness of interventions and to revise/adapt interventions as needed.
• Technical assistance may be provided to students who are in either special education or general education. Technical assistance is provided in the form of general recommendations for instructional strategies that may benefit groups of students with needs similar to the student for whom technical assistance is being requested.
• An occupational therapist is assigned to each campus in Harlandale ISD and is available as a campus resource.

*Private, Religious, and Home Schools

What's Required

Harlandale ISD is required to locate, identify and evaluate all students with disabilities enrolled in private schools located within Harlandale ISD boundaries 34 CFR 300.131(a) and USC 1412(a)(10)(A)(i).   In addition, Harlandale ISD must consult with parents and private schools 34 CFR 300.134 and USC1412(a)(10)(A)(iii) and determine how much funding is available 34 CFR 300.130 and USC1412(a)(10)(A)(i)(I)   who will be served and what services will be provided 34 CFR 300.134(c) and USC 1412(a)(10)(A)(iii)(III).

The term "parentally-placed private school children with disabilities" means children with disabilities enrolled by their parents in private, including religious, schools or facilities 34 CFR 300.131(a).

The term "private school" is defined as private elementary or secondary school, including any pre-school, religious school, and institutional day or residential school that: 19 TAC 89.1096 (a)(1).

• Is a nonprofit entity: 19 TAC 89.1096(a)(1)(A)

The term "nonprofit," as applied to an agency, organization, or institution, means that it is owned or operated by one or more corporations or associations whose net earnings do not benefit, and cannot lawfully benefit, any private shareholder or entity; and 34 CFR 77.1(c)

• 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: TAC 89.1096(a)(1)(B) The term "elementary school" means a nonprofit institutional day or residential school including a public elementary charter school, that provides elementary education, as determined under State law; and 34 CFR 300.130

The term "secondary school" means a nonprofit institutional day or residential school, including a public secondary charter school that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12 34 CFR 300.36.

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 TAC 89.1096(a)(2), TAC 89.1096(a)(1)(B) , and TEA Private School Guidance

Each school district must locate, identify, and evaluate all students with disabilities who are enrolled by their parents in private, including religious, elementary and secondary schools located in the school district. The child find process must be designed to ensure (1) the equitable participation of parentally-placed private school children and (2) an accurate count of those children 34 CFR 300.131(a).

The cost of carrying out the child find requirements in this section, including individual evaluations, may not be considered in determining if the school district has met its obligation under 34 CFR 300.133.

The district will maintain a system of public awareness to inform citizens of educational opportunities available to disabled students. The system will utilize a variety of media to inform the local citizens of the needs, available programs, and related services for disabled students in the district. Activities may include, but are not limited to:

• Newspaper items/articles/pictures regarding programs, activities, and achievements of students
• Advisory committee membership utilization
• Planning with community leaders to assist in events such as Special Olympics
• Contact with colleges for practicum experiences with disabled students
• Contact with state and local agencies/organizations that have an interest in the welfare of children
• Radio and television public service announcements
• Newsletters and/or brochures

Child Find

1. Harlandale ISD is required to implement a comprehension Child Find system in which district personnel actively search for all individuals’ birth through 21 years of age with disabilities.
2. All children with disabilities residing in the district including children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated.
3. a)The LEA in which the private school is located must comply with Child Find For Parentally-Placed Private School Children
4. The term “special education” means special-designed instruction, at no cost to the parents, to meet the unique needs of the child with a disability, including instruction conducted in the classroom, in home, in hospitals and institutions,and in other settings; and instruction in physical education
5. The term “specially-designed instruction” means adapting, as appropriate to the needs of an eligible child under the Individuals with Disabilities Education Act, the content, methodology, or delivery of instruction.

(a)  To address the unique needs of the child that result from the child’s disability;

and

(b) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the local educational agency (LEA) that apply to all children.

5. The term “related services” means transportation, and such developmental, corrective, and other supportive services as may be required to assist the child with a disability to benefit from special education.
6. The term “child with a disability” means the child was evaluated according to the Full and Individual Evaluation frameworks and determined by an Admission, Review, and Dismissal(ARD) Committee to have an intellectual disability, a hearing impairment(including deafness), a speech or language impairment, a visual impairment(including blindness), a serious emotional disturbance (referred to as “emotional disturbance”), an orthopedic impairment, autism, traumatic brain injury, other health impairment, a specific learning disability,deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.
7. A practical method is developed and implemented to determine which children are currently receiving needed special education and related services.
8. The requirements of this section apply to highly mobile children with disabilities (such as migrant and homeless children), and children who are suspected of being a child with a disability and in need of special education, even though they are advancing from grade to grade.

(a)  State’s policies and procedures designed to prevent the inappropriate over identification or disproportionate representation by race and ethnicity of children as children with disabilities,including children with disabilities with a particular impairment.

6. Prior to Referral For Possible Special Education Services, the child should be considered for all support services available to all children such as:
7. Prior to Referral For Possible Special Education Services, the child should be considered for all support services available to all children such as:

(a ) Tutorials

(b)  Remedial

(c)  Compensatory

(d)  Response to scientific, research-based intervention; and

(e)  Other academic or behavior support services.

HARLANDALE INDEPENDENT SCHOOL DISTRICT – PUBLIC NOTICE

Do you suspect an infant, child,or adolescent of having a developmental delay or disability? There is a way to make a difference for these children and adolescents. The individual may be eligible for services under the Individuals with Disabilities Education Act(IDEA) if identified with one or more disabilities according to federal and state criteria.

If a parent makes a written request for an initial evaluation for special education services to the director of special education services or an administrative employee of the school district or open enrollment charter school, the district or charter school must respond no later than 15 school days after receiving the request. A request for a special education evaluation may be made verbally; a verbal request does not require the district or charter school to respond within the 15-school-day timeline.

Additional information regarding special education is available from the district or charter school in a companion document titled Parent’s Guide to the Admission, Review, and Dismissal Process.

Contact Person for Special Education Referrals

The designated person to contact regarding options for a student experiencing learning difficulties or regarding a referral for evaluation for special education is: Chrislane Puente, Special Education Coordinator / Phone Number: (210) 989-5256

Section 504 Referrals

Each school district or charter school must have standards and procedures in place for the evaluation and placement of students in the district’s or charter school’s Section 504 program. Districts and charter schools must also implement a system of procedural safeguards that includes notice, an opportunity for a parent or guardian to examine relevant records, an impartial hearing with an opportunity for participation by the parent or guardian and representation by counsel, and a review procedure.

Contact Person for Section 504 Referrals

The designated person to contact regarding options for a student experiencing learning difficulties or regarding a referral for evaluation for Section 504 services is: Contact Person: Kathleen Stark / Katherine Pena - Phone Number: (210) 989-4445

Distrito Escolar Independiente Harlandale - AVISO PÚBLICO

¿Sospecha que un bebé, niño o adolescente presenta retraso o discapacidad en el desarrollo? Hay una manera de hacer la diferencia para estos niños y adolescentes. El individuo puede ser elegible para servicios bajo la ley de Educación para Individuos con Discapacidades (IDEA) si se identifica con una o más discapacidades de acuerdo con los criterios federales y estatales.

Si un estudiante está experimentando dificultades de aprendizaje, sus padres pueden comunicarse con la(s) persona(s) más abajo para obtener información sobre el sistema general de remisión o control de la educación general de la escuela para los servicios de apoyo. Dicho sistema vincula a los estudiantes con una variedad de opciones de apoyo, entre las que se encuentra la remisión para que se realice una evaluación de educación especial o una evaluación de la Sección 504 con el fin de determinar si el estudiante necesita asistencia, adaptaciones o servicios específicos. Los padres pueden pedir una evaluación para los servicios de educación especial o de la Sección 504 en cualquier momento.

Si los padres solicitan, por escrito, al director de servicios de educación especial o a un empleado administrativo del distrito escolar o de la escuela autónoma de inscripción abierta que se realice una evaluación inicial para recibir servicios de educación especial, el distrito o la escuela autónoma deben responder dentro de los 15 días lectivos después de haber recibido la solicitud. En ese momento, el distrito o la escuela autónoma deben entregar a los padres notificación previa por escrito respecto de si están de acuerdo o no en evaluar al estudiante, además de enviarles una copia de la Notificación de salvaguardas procesales. Si el distrito escolar o la escuela autónoma están de acuerdo en evaluar al estudiante, también deben darles a los padres la oportunidad de prestar su consentimiento por escrito para la evaluación.

Por favor tenga en cuenta que una solicitud para una evaluación de educación especial puede hacerse verbalmente y no necesita hacerse por escrito. Los distritos y escuelas "chárter" deben seguir cumpliendo con todas las notificaciones previas por escrito y los requisitos sobre las salvaguardas procesales de la ley federal para identificar, localizar y evaluar a los niños que se intuya puedan ser niños con alguna discapacidad y que necesiten educación especial. Sin embargo, una petición verbal no requiere que el distrito o la escuela "chárter" respondan dentro del periodo establecido de los 15 días escolares.

Hay disponible información adicional sobre educación especial del distrito o la escuela autónoma en el documento complementario titulado Guía para padres sobre el proceso de admisión, revisión y retiro.

Persona de contacto para las remisiones de educación especial

La persona designada para contactar en relación con las opciones para un estudiante que experimente dificultades de aprendizaje o en relación con una remisión a evaluación para recibir servicios de educación especial es: Persona de contacto: Della Taylor, Director de Educación Especial / Número de teléfono: (210) 989-5255

Remisiones de la Sección 504

Cada distrito escolar o escuela autónoma debe tener estándares y procedimientos en vigor para la evaluación y colocación de estudiantes en el programa de la Sección 504 del distrito o la escuela autónoma. Además, los distritos y las escuelas autónoma deben implementar un sistema de salvaguardas procesales que incluya una notificación, una oportunidad para que los padres o tutores examinen los registros relevantes, una audiencia imparcial en la que puedan participar los padres o tutores y en la que haya representación por parte de un abogado, y un procedimiento de revisión.

Persona de contacto para las remisiones de la Sección 504:

La persona designada para contactar en relación con las opciones para un estudiante que experimente dificultades de aprendizaje o en relación con una remisión a evaluación para recibir servicios de la Sección 504 es: Persona de contacto: Kathleen Stark / Katherine Pena  - Número de teléfono:     (210) 989-4445

For information on Referral and Evaluation for special education services for students parentally enrolled in private schools, refer to Pre-Referral or Referral guidelines.

Provision of Services for Students Placed by their Parents in Private Schools or Facilities

What's Required

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 34 CFR 300.137(a) and 19 TAC 89.1096(a). Parentally-placed private school children with disabilities may receive a different amount of services than children with disabilities in public schools 34 CFR 300.138(a)(2).

When a child with a disability placed by parents in a private school is referred to the local school district, the local district shall convene for an Admission, Review, and Dismissal/Individualized Education Program (ARD/IEP) committee meeting to determine whether the district can offer the student a Free Appropriate Public Education (FAPE)19 TAC 89.1096(a). The district is not responsible for providing educational services offered by the ARD/IEP committee for the child to receive a FAPE until such time as the child's parents choose to enroll the child in the Local Education Agency (LEA) full time. After ensuring timely and meaningful CONSULTATION, the LEA must make the final decisions with respect to the services to be provided to eligible parentally-placed private school children with disabilities ( 34 CFR 300.137(b).)

If the district in which the private school is located designates a parentally-placed private school child, including an eligible child ages three or four whose parents declined dual enrollment, to receive special education and related services, the district must: (34 CFR 300.132(b) 34 CFR 300.137(c), and 19 TAC 89.1096(d))

• Initiate and conduct meetings to develop, review, and revise a services plan for the child that (34 CFR 300.37, and 34 CFR 300.137(c)(1));
• Describes the specific special education and related services that the LEA will provide to the child in light of the services the LEA determined would make available to parentally-placed private school children; (34 CFR 300.138(b)(1))
• Ensure that a representative of the religious or other private school attends the meeting; (34 CFR 300.137(c)(2)).

Use other methods to ensure the participation by the religious or other private school, including individual or conference telephone calls if the representative cannot attend; (34 CFR 300.137(c)(2)).

Services may be provided on the premises of private, including religious, schools, to the extent consistent with law (34 CFR 300.139(a), ) and 20 USC 1412(a)(10)(A)(i)(III).

Each LEA must maintain in its records and provide to the Texas Education Agency (TEA): The number of children served under this framework (34 CFR 300.132(c)) and 20 USC 1412(a)(10)(A)(i)(v).

Parents of parentally-placed private school students are not entitled to receive a due process hearing to challenge the contents of a Services Plan.  Due Process is available to challenge the Child Find process (see Concern Process for additional information on due process procedures).

Parents may file a complaint with the TEA regarding the district's failure to meet private school consultation requirements. The complaint must be filed with the school district in which the private school is located and a copy must be forwarded to TEA (see Concern Process for additional information complaint procedures).

Special Education Services for Private School Students Residing in Harlandale ISD

An RD/IEP committee will meet to review the results of an evaluation and to determine eligibility for special education services of a child ages 3-21 who has been placed by a parent in a private school located within the attendance boundaries of the district. If a parent makes it clear at the ARD/IEP committee meeting that they will not enroll the student full time in the public school, an IEP offering FAPE does not need to be developed. However, Harlandale ISD would continue to have an obligation to consider a student with disabilities for special education services under an Individual Services Plan.

PRIVATE SCHOOL REFERRAL - THE CHILD FIND

Students enrolled by their parents in private schools have special education services available to them.  The following procedure has been established to process the referral of students enrolled in private schools.

Procedure

The LEA in which a private school is located has the responsibility for Child Find activities including evaluation.

1. The parent of the student in a private school has the responsibility for contacting the LEA in which the private school is located for referral data.
2. Parent meets with the administrator or designee of the special education department.The following information is then completed:
1. Notice of Full and Individual Assessment
2. Receipt for Explanation of Procedural Safeguards
3. Consent for Full and Individual Evaluation
4. Referral for Special Education Services, Information from Parent
5. Release of Information if needed
6. Home Language Survey Information – if LEP, LPAC must convene to complete Student Report Form
7. If behavioral/emotional problems are suspected, the Behavior Evaluation Scale for Children, a behavior rating scale should be filled out by parent and teacher
3. School nurse from the public school completes:Health Information which includes hearing and vision assessment.Do not proceed further unless both hearing and vision are adequate or the student’s physician addresses deficits in writing.Then the standard referral process follows.
4. Designated school personnel from the private school obtain the following:
1. Referral for Special Education Services, Information from Educational Records
2. Work Samples
3. Referral for Special Education Services, Information from Classroom Teacher completed by at least two teachers who teach the student in areas of suspected disability
4. Home Language Survey Information – if LEP, attach copy of LPAC Student Report Form
5. Copy of Attendance Record
6. Copy of Permanent Report Card
7. Copy of Achievement Test Texas Assessment Score                                                                              
5. If referral is for suspected behavioral/emotional problems, the following must be completed by individuals from the private school:
1. Behavior Evaluation Rating Scales
2. Behavior Log
3. Discipline referrals 
6. The following must be completed by a staff member other than the teacher from the student’s private school:
1. Classroom Observation 
7. A written full and individual evaluation report is completed within 45 instructional days of the initiation of referral data.
8. The standard ARD committee process is followed after the completion of the written report at the student’s public school home campus if the child resides within the district.

Membership of the ARD committee includes the IEP team from the child’s home campus if the child resides within the LEA.
 
The Individual Services Plan (ISP)

Once proof of a child's eligibility for special education services are on file with the district, the Instructional Officer for Speech/Language and PPCD will coordinate scheduling an Individual Service Plan (ISP) meeting with the parent and the private school to develop the child's Individual Services Plan. All services provided must be linked to measurable goals and benchmarks established for the student as a part of the plan. The service provider will monitor progress toward the annual goal/s and share the student's progress with the parent as outlined in the ISP. The ISP is required to contain all the elements of a traditional IEP that are appropriate to the student and services provided. The ISP Committee is composed of all members required for any ARD/IEP committee meeting conducted in the district, but must also include input from a representative of the private school. Notice of the ISP meeting must be provided to the parent/ adult student at least five school days in advance of the meeting.

Private School Services for Private School Students Residing Outside of Harlandale ISD

The 2004 Reauthorization of The Individuals with Disabilities Act (IDEA) requires school districts to provide special education services to students with disabilities who reside outside of the district's boundaries, but attend private schools within the district's jurisdiction. The process for requesting services for a student residing out of the district, but enrolled in a private school located within the district are the same as those for a student residing in the district with the following exception: If a child with disabilities was evaluated by a district other than Harlandale ISD, the parent must provide a copy of the child's current public school evaluation and most recent ARD/IEP committee meeting before the district may provide services to the child.

The Consultation Process

The district is required to "timely and meaningfully" consult with representatives of private schools during the design and development of special education and related services for parentally-placed private school children. The district's consultation meeting is held annually in June. At this meeting, the required consultation topics will be discussed, services will be reviewed, and input will be solicited for determination of the special education services to be provided to private school students with disabilities.

For further information regarding services to students with disabilities enrolled in private schools located within the district's jurisdiction contact: Special Education Department Lead Diagnostician at (210) 989-5292.

What's Required

Local education agencies (LEAs) serving students with disabilities residing in residential facilities (RFs) located within the LEA's geographic boundaries and/or jurisdictions are subject to the RF monitoring system. In accordance with 19Texas Administrative Code (TAC) § 97.1072, the RF system provides for standards and procedures for monitoring the special education programs provided to students with disabilities residing in RFs. TheRFM system has been established to improve performance and compliance with federal and state special education requirements for a unique and vulnerable population of students who often have limited access to family members who can advocate for their educational needs. The definition of a RF, for the purposes of the RFM system, is a facility that provides 24-hour custody or care of students who reside in the facility for detention, treatment, foster care, orany non-educational purpose. A RF does not include traditional foster homes licensed by the Texas Department of Family and Protective Services (DFPS) asFoster Family Homes (Independent).

Harlandale ISD isrequired to provide notice to the educational decision maker and caseworker regarding events that may significantly impact the education of a foster care student, including:

∙        Requests or referrals for special education evaluation

∙        ARD Committee meetings

∙        Manifestationdetermination reviews

∙        Any disciplinary actions for which parental notice is required

∙        Citations issued forClass C misdemeanor offenses on school property or school-sponsored activities

∙        Reports of restraint and seclusion and

 

What We Do

The RF student transfer process will follow the steps outlined in the Harlandale ISD Students withDisabilities Transfer Procedure.

When a student with disabilities who resides in a residential facility enroll in a school, 
The Residential Facilitator:

1. Verifies parental status of the individual(s) enrolling the student.
2. Identifies the students in the conservatorship of the DFPS residing in a residential group-carefacility (including emergency shelters) and requests FORM 2085: T DFPS PlacementAuthorization.
3. Notifies the diagnostic specialist of the RF student's enrollment; provides a copy of FORM2085: DFPS Placement Authorization to be placed in the RF student's special education eligibility folder.
4. Electronically Requests and receives student records for students who have attended Texaspublic schools by using Texas Records Exchange (TREx); including information concerning a student's course or grade completion; teachers of record;assessment instrument results; receipt of special education services, including placement in a special education program and the individualized education program developed; and personal graduation plan(http://ritter.tea.state.tx.us/trex/).

SEE SURROGATE PARENT

Residential Facility (RF) Tracker

LEAs will use the RF Tracker data collection system to report student with disabilities residing in a RF within their boundaries or jurisdiction.Information entered into the RF Tracker system from the previous year collection (facilities and RF students) has been rolled over to the current year to give Harlandale a starting point for data entry. It is necessary to update existing data to reflect current school year information, and/or add and delete records for additional facilities or RF students that are no longer within Harlandale’s boundaries or jurisdiction. Verification of information is based on a review of the IEP document from the previous school district or the most current IEP document, and Frontline eStar data.

District Maintenance Page - Enter the School Year Start Date. Enterthe School Year End Date.

Facility MaintenancePage - Complete the facility detail information before entering the student data.

Total Number ofStudents in the Facility - Complete initial data entry for the current school year, reporting the total number of students (with and without disabilities residing in the facility on the last Friday inOctober (the PEIMS fall snapshot date). Verify Information based on a report from Harlandale’s Frontline eStar. To complete the required end-of-year RFTracker data reporting, update the total number of students to reflect the average daily student residency for the facility during the current school year. Verify Information based on a report from Harlandale ISD Frontline eStar

Student Detail Page- Enter a 'Start of theYear' event when a student enrolls in a RF on or before the first day of school. Enter an 'Enrollment' event when a student enters a RF after the first day of school. Enter a 'Withdrawal' event when a student withdraws from a RFbefore the 'End of Year' snapshot date. A Withdrawal event cannot be created until either a Start of Year or Enrollment event has been established.

Student Data - By entering the student's social security number or the alternative identification number, student-specific information is populated into this field which includes; social security number or alternative identification number, first name, middle name, last name, date of birth.

Enrollment Date- Enter the date the student enrolled at a campus. Verify information based on a review of FrontlineeStar.

Campus of EnrollmentNumber for RF - Enter the10-digit identifying number (assigned by the TEA) of the campus the student is attending. Verify information based on Harlandale ISD campus I.D. documents.

 Home CampusNumber for RF - Enter the 10-digit identifying number (assigned by theTEA) of the traditional campus the student is expected to attend, based on the geographic location (address) of the residential facility in which the student resides. Verify information based on Harlandale ISD campus I.D. documents.

Grade Level - Enter the student's assigned grade level ranging from EE to 12. Verify information based on a review of the most recent IEP document or the IEP document from the previous school district; HarlandaleISD Frontline eStar and transcript for students in grades 9-12.

Is the StudentEducated at the Facility - If yes, this student is educated at or in the general location of a residential facility, such as students served in the building in which they reside, in a classroom at the site of the RF, or in a building adjacent to or attached to the RF.

Is the StudentEducated Only with Other RF Students - If yes, this student is educated exclusively with other students with disabilities who reside in a residential facility.

Surrogate Parent - If yes, enter the number of students assigned to the surrogate parent.

Length of Student'sSchool Day - Enter the number of minutes in a full school day for the RF student. Verify information based on a review of the most recent IEP document, student class schedule, andcampus bell-to-bell schedule.

Length of Home CampusSchool Day for Non-Disabled Peer - Enter the number of minutes in a full school day for anon-disabled peer, at the traditional home campus the RF student is expected to attend, based on the geographic location (address) of the residential facility in which the student resides and the assigned grade level of the student.Verify information based on a review of the most current IEP document, student class schedule, campus bell-to-bell schedule, and Frontline eStar.

Primary Disability, Secondary Disability, andTertiary Disability - Enter the student's disability condition(s).Verify information based on a review of the most current IEP document.

Required Events in RFTracker - It is important to understand that by the end of the RF reporting period, all students should have pairs of events. The first event of the pair will be either a Start of Year orEnrollment event. The second event of the pair will be either a Withdrawal orEnd of Year event. Information regarding a student must be entered at the beginning of each school year or at the time the student enters an RF,whichever is later. Additionally, information regarding a student must be entered at the end of each school year or at the time the student withdraws from an RF, whichever is earlier. A student may enroll and withdraw from a facility multiple times throughout the school year; though by the end of the Reporting period these events should always come in pairs. Each of these enrollment and withdrawal events must be captured in RF Tracker using these predefined event types:

Start of Year - this event should be created when a student enrolls in an RF on or before the first day of school.

Enrollment - this event should be created when a student enters an RF after the first day of school. A student can enroll and withdraw from a facility multiple times.

Withdrawal - this event should be created when a student withdraws from an RF before the 'End of Year' snapshot date. A Withdrawal event cannot be created until either a Start of Year or Enrollment event has been established. Verify information based on a review of the student's Start ofYear, Enrollment, and/or Withdrawn status, Frontline eStar.

“Each public agency must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.” 34 CFR § 300.115 (a). The continuum must include the availability of the resource or itinerant instruction. 34 CFR§ 300.115 (b)(2). A resource class is a special education setting whereby a student or a small group of students receive individualized instruction in his/her specified area of need.

 

Resource Room/Class is based on the individual student’s recorded IEP need for intensive instruction in particular areas which cannot be met in the general education setting with support. The Resource Room curriculum must meet the student’s needs as recorded in the IEP and be rooted in the Texas Essential Knowledge andSkills.19 TAC §74.1(b) & §74.2(a).

 

Resource Room/Class Time is measured in minutes per week or minutes for a number of days within a week. The student’s needs should drive the decision as to minutes. A ResourceRoom/Class student will also participate in the general education setting with accommodations and/or modifications at least 50% of the time 19 TAC §89.63(c)(5).

 

                               

Prior to the ARD

∙        Prior to the ARD, theItinerant Support Teacher must take and record data, whether formal or informal, in the student’s proposed area(s) of need. 

∙        The data taken must be based on specific grade levels and content in order to create clear goals with any accommodations needed noted on said data. Data for draft goal creation should not be tied to the student’s currently enrolled grade level, but rather based on student need.

∙        The Itinerant SupportTeacher should review any recorded FILE or draft FIEs. 

∙        The Itinerant SupportTeacher should begin discussing with the student’s general education teachers if the student’s needs can be met in the classroom.

 

At the ARD

 

∙        The ARD/IEP Committee Shall be allowed to review and discuss teacher recorded data on the student's progress, as well as an example of what the student was presented.

∙        The data collected should be included in the IEP and archived.

∙        The ARD Committee andIEP should specify in which subject and area of need the student will be receiving resource remediation.

∙        Goals developed should be directly based on the areas of need with the PLAAFP referring to the datataken and any other relevant evidence, including the FILE and parent and teacher information. 

∙        The ARD/IEP Committeeshall review and discuss whether based on the informal/ formal data including the FILE, whether the student’s needs cannot be met within the general education setting with support alone.

∙        The ARD/IEP Committeeshould decide the number of minutes in weekly increments needed to meet the student's needs. Minutes should not be based on other factors.

 

Implementation ofResource Services

 

∙        The resource class should comprise of only special education students

∙        The specified area of need as documented in the IEP should be the target of Resource ClassCurriculum.

∙        If the student's documented need relates to core classes, then the teacher should look to theTEKS at the student’s level for guidance.  

∙        The teacher should not cover subjects without a documented IEP need for Resource that will not directly correlate to the student’s resource needs.

∙        Instruction and materials in the resource classroom should directly correlate to the student's advancement in the area of need targeted in Resource.

∙        Material used inResource should be based on the individual student’s needs not his/her grade level content.

∙        Data collection whether formal or informal must be continually updated and monitored throughout the year.

 

Next Annual ARD/IEPMeeting

 

∙        The most current resource data should be brought to the next annual ARD/IEP Meeting for review and archival.

∙        At the next annualARD/IEP Meeting, resource data in conjunction with the FIRE and ARD/IEPCommittee’s information will determine whether the need for Resource Room/Classcontinues or whether the student’s needs can be met in the classroom with supports. 

 

The purpose of the SPECIAL ED FUNDING Binder is to provide individuals responsible for special education with guidance on how to expend and account for special education funding in accordance with requirements.

Binder includes:

• Current Content Compiled from Multiple Sources
• Practical Tools for the Administrator
• Training Materials for Use by ESC and LEA staff
• Other Resources and Links to Sources

The development and production of this product was funded in whole or in part by state or federal grants.

For more information about special education funding, contact the Education Service Center in your region.

For complete details, please click on the following link: Special Education Funding. 

(https://www.livebinders.com/play/play?id=1338386&backurl=/shelf/my#anchor)

Special Education Rules and Regulations

(http://framework.esc18.net/Documents/Side-by-Side%20MAR%202012.pdf)

What's Required

In Texas, speech-language therapy is considered an instructional service. This means it can be a stand-alone service as well as support in order to receive benefit from other special education services.However, in considering the delivery of speech services, all the same factors associated with the individual determination of related services, such as frequency, location, and duration of services, must be considered. A child maybe 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; ( CFR 34 300.8(c)(11) and
• The speech or language impairment adversely affects the child's educational performance; 19 TAC89.1040(c)(10) and
• Because of the speech or language impairment, the child needs special education and/or related services (20 USC 1401(3)(A) ).

What We Do

The Speech/Language Therapy program is designed to provide speech and language therapy services to children, ages 3 through 21 who have identified communication disorders which adversely affect their performance in the classroom.  

The Term communication disorder includes:

Stuttering,impaired articulation, a language impairment, and a voice impairment.

Students with suspected speech and/or language impairments are evaluated using a comprehensive battery that is conducted by a professional that is licensed and/or certified as a speech-language pathologist.Professionals may maintain the Texas state license in speech-language pathology or may hold the Texas Education Agency (TEA) Speech and Hearing Therapy Certificate as previously granted by the TEA. Many speech-language pathologists also hold the American Speech, Hearing, and Language Associations Certificate Of Clinical Competence in Speech and Language Pathology.

When a student is determined eligible for speech-language services, the speech language services will be determined according to the needs of the student, ARD committee considers to include the type of speech language disorder, the effect it has on the students’ educational performance, and the least restrictive environment.  Service delivery and methods must focus on achieving the speech and/or language goals in the child'sIndividualized Education Program (IEP).

The LeastRestrictive Environment should be considered in the selection of a service delivery model.

LeastRestrictive Environment (LRE), an IDEA mandate, provides that eligible students are educated with students without disabilities to the maximum extent appropriate.

 

SpeechTherapy Service Delivery Models

The following is a description of speech-language service models which are available based on the individual needs of the student.

Services may include direct therapy (classroom-based, pull-out), consultation and/or monitoring of students' progress.

∙                    Direct Therapy

 

o  Classroom-Based

This model of speech therapy provides direct services to students within the classroom setting.

Classroom-based speech-language services involve the use of curriculum content and context for determining a student's communication intervention needs and progress.

 

Interventions provided in natural environments such as the classroom or the community to integrate communication goals with the curriculum.

 

o  Traditional Pull-Out Service

 

In The traditional direct service pullout model, the Speech/Language Pathologistprovides services to students (individually or in small groups) in the speech room or sometimes within the physical space of the classroom setting.

 

Thetraditional pull-out model in the special education speech therapy classroom is the most restrictive environment for speech therapy services.

 

∙                    Collaborative/ConsultationService

Consultative/collaborative service delivery is an option for many students. The SLP provides these services—such as programming augmentative and alternative communication devices for engineering communication-rich environments—on behalf of the student.

Consultative/collaborative services may be combined with direct services. These services, which support teachers in carrying out speech-language goals, can be used at any point on the service delivery continuum.

 

 

SpeechTherapy Services for students receiving Homebound 

DismissalConsiderations

The Speech-Language Pathologist must use professional judgment and competency, in addition to evaluation data, in recommending that services are no longer warranted. The following factors must be considered:

• Evaluation Data - Does evaluation data indicate that the student no longer qualifies for services?
• Is a Speech/Language Pathologist necessary to provide the intervention required or can services be delivered through other special education providers?
• Feedback from teachers, parents, and students is considered.
• The justification for the decision to dismiss must be documented in detail in the ARD document.
• Determination of dismissal is made by the committee during an ARD meeting.

AccessForm

 

HARLANDALE INDEPENDENT SCHOOL DISTRICT

Special Education Department

Persons Having Access To Student Folders

 

Parent(s) or Legal Guardian

Student, if 18 years of age or older

		Superintendent
		Assistant Superintendent of Administration
		Executive Director of Curriculum & Instruction
		Administrators of Pupil Personnel
		Director of Secondary Education
		Director of Elementary Education

SpecialEducation Department

 

		Special Education Director
		Special Education Coordinator
		All Licensed Specialists in School Psychology
		All Diagnosticians Special Education Department Teachers Special Education Department Administrative Assistants

 

OTHERS HAVING ACCESS TO STUDENT FOLDERS WHEN WORKING DIRECTLY WITH A STUDENT

 

School Principals		School Counselors
School Nurses		Special Education Liaisons
Special Education Teachers		Regular Classroom Teachers
Speech Therapists		Occupational Therapists
Physical Therapists Surrogate Parents		Special Education Professional

 

Other district staff when authorized by the Special Education Director

Other consultants, under the supervision of the Special Education Director

Individuals who present a signed release of information from a parent or guardian

Regional, state and federal personnel when authorized by the Superintendent of Harlandale IndependentSchool District

 

Any person that accesses a student folder must sign in the student's eligibility folder indicating they have accessed the folder. 

3-6

 

 

Harlandale Independent School District

Special Education Department

 

STUDENT: ___________________________________________D.O.B.:___________

 

Confidential Files:  PERSONS OTHER THAN PARENT (S) AUTHORIZED TO ACCESS STUDENT ELIGIBILITY FOLDERS. Parents and students have a right to see this list on request.

 

DATE                                    SIGNATURE OFVIEWER                                           PURPOSE OF ACCESS 

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

 

 

Sequence of Audit Folder

The Harlandale IndependentSchool District's special education records are maintained in a chronological and sequential order.

Procedure

The audit folder with all original forms is kept at the Special Education Department.

The last 5 years are kept in the Audit Folder

A current listing of authorized employees of the district who may access student information is posted for public inspection at the site of student audit folder storage.  Harlandale staff members do not need written consent and do not need to sign the record access.  TEA monitoring/auditing staff does not need written consent but do need to sign the record of access.  Releasing information to other school districts is permitted.  A record of this release should be maintained on the record of access.  Anyone accessing the folder must sign the record of access if not listed as an authorized employee.

The sequence of the audit folder is top-down, i.e., the most recently dated form is on top. Each series should be arranged in this order with the most current series on the top.

The audit folders are to be arranged as indicated below:

FIRST SECTION – Folder Review

1. _____     Confidential Access Form
2. _____     Receipt for Explanation of ProceduralSafeguards
3. _____     Surrogate Parent Agreement
4. _____     Consent for Participation
5. _____     Legal Adoption Document
6. _____     Cassettes or CD’s in Brown Folder

SECOND SECTION – Conference Documentation

1. _____     Request for AdditionalServices/Evaluations/Assessment
2. _____     Receipt of Confidential Student Information
3. _____     Signed Permission to Administer MedicationForm
4. _____     Use of Restraint Forms:
5. Cover Letter
6. Internal Tracking
7. Written Summary of Restraint Use
8. Medical Summary of Restraint Use
9. Documentation of Physical Restraint Form
10. _____   Progress Notes/ Progress Reports/ReportCard/STAAR/State                                                  

           Assessment Results

6. _____   Notice of Transfer of Educational Rights
7. _____   Summary of Performance
8. _____   SPP-7 ECO

THIRD SECTION - Miscellaneous

1. _____ Authorizationfor Release /Consent to Release Confidential Information
2. _____ Medical Reports
3. _____ Easter Seals
4. _____ Texas YouthCommission
5. _____ Juvenile Reports
6. _____ Center forHealth Care Services
7. _____ ContractedServices
8. _____ CHCS-ECI

 

FOURTH SECTION - Referrals

1. _____ Referral FlySheet for FIE/Psych. and Speech
2. _____ Initial Referral Packet for Non-enrolled 3 to 4 YearOlds
3. _____ Requirement forInitial, Psychological, Re-evaluation
4. _____ Speech and Bilingual Referral (Cover Sheet)
5. _____ Early ChildhoodSupport Team First Contact Report
6. _____ Home LanguageSurvey
7. _____ ParentInterview Report
8. _____ HealthInformation
9. _____ Behavior Log
10. _____ ClassroomObservation
11. _____ AdaptedPhysical Education Referral
12. _____ OccupationalTherapy Referral
13. _____ PhysicalTherapy Referral
14. _____ Notice of Full and Individual Evaluation
15. _____ Consent for FIE

 

FIFTH SECTION – Full and Individual Evaluations

1. _____ FIE/PsychologicalAssessments
2. _____ ReevaluationAssessments
3. _____ EligibilityReports
4. _____ OccupationalTherapy (OT) / Physical Therapy (PT) – Adaptive Physical

         Education Eligibility (APE)

5. _____ AuditoryImpaired (Part A-C) / Visually Impaired Eligibility (Part A-B)
6. _____ Other RelatedServices Eligibility
7. _____ Autism SpectrumDisorder
8. _____ Serious Emotional Disturbance
9. _____ Learning Disability
10. _____ Intellectual Disability
11. _____ Multiple Disabilities
12. _____ Orthopedic Impairment
13. _____ Other Health Impairment
14. _____ Related Services-OT, PT, APE Eligibility
15. _____ Speech Impairment
16. _____ Traumatic Brain Injury
17. _____ Consent for Counseling Assessment
18. _____ Counseling Services

 

SIXTH SECTION – ARD Section

1. _____ All ARD/IEPPages
2. _____ Deliberations
3. _____ Notice of ARDMeeting
4. _____ Consent forInitial Placement
5. _____ FunctionalBehavioral Assessment
6. _____ BehaviorImprovement Plan
7. _____ Review ofExisting Evaluation Data
8. _____ ManifestationDetermination Review ARD
9. _____ Notice to AmendARD Committee Document
10. _____ ARD AmendmentDocument
11. _____ ARD for Temporary Placement of Transfer Student
12. _____ ARD Committee Meeting Brief Form
13. _____ ARD/IEP Supplement for Transportation Services
14. _____ ARD/IEP Supplement Graduation
15. _____ ARD /IEP Supplement Extended School Year/ESYRegistration Form/ESY

         IEP/ESY Progress Report

16. _____ ARD/IEP Supplement Students Who Are MedicallyFragile
17. _____ Homebound Verification
18. ______ Homebound Release
19. ______ Follow-Up Notice of ARD
20. ______ Notice of Refusal to Provide Services
21. ______ SHARS
22. ______ Parent Acknowledgement Form

 

Supplements:

1. _____ Transportation
2. _____ Visual Impaired
3. _____ Extended YearServices
4. _____ Vocational
5. _____ Graduation
6. _____ Documentationof Certified Mail

The school's number eligibility folders are to be arranged the same as the Special EducationDepartment Audit Folder.                                                    

 

Harlandale IndependentSchool District

Special Education Department

 

STUDENT: ___________________________________________D.O.B.:___________

 

Confidential Files:  PERSONS OTHER THAN PARENT (S) AUTHORIZED TO ACCESS STUDENT ELIGIBILITY FOLDERS. Parents and students have a right to see this list on request.

 

DATE                                    SIGNATURE OFVIEWER                                           PURPOSE OF ACCESS 

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

__________         _________________________________________                    ____________________________

 

 

Transmittal ofEligibility Folders

  

For special education students who are transferring from elementary to middle school or from middle to high school and will continue to receive special education services, follow the procedure indicated below for the transmittal of audit folders:

 

1. Check each folder to see that all contents are in proper order and all required forms are included.

 

2. Use the Distribution of SpecialEducation Folders form to list the folders being transmitted. Complete a separate form for each receiving school.

 

3. Bundle together all the folders foreach receiving school, including the completed distribution form.

 

4. Retain a copy of each completed distribution form for the (sending) school file. Send it to the Special EducationDepartment.

 

5. Deliver the folders to the receiving schools as indicated by the end of year procedures to be checked by designated school staff. Have the receiving person sign the distribution form.

 

For students who will not continue to receive special education services, or who will be leaving the district, use the following procedure:

 

Retain folders of special education students in the school for seven years. Then ship the folders to the Special Education Department,including a completed distribution form.

 

SpecialEducation folders are maintained in the Harlandale Independent School District.The audit folder with all original forms is filed on the student’s campus.  In addition, the campus maintains an eligibility folder containing the school copy of the forms and the students progress documentation. 

Confidentiality Of special education student information is the legal right of the student and his/her family. Compliance with Federal and State laws requires that each campus implement the following practices:

 

• The confidentiality of personally identifiable student information is protected at collection, storage, disclosure and destruction stages.
• At least one person at each campus is assigned the responsibility for ensuring that the confidentiality of identifiable student eligibility information is maintained.

∙        The district will post a current listing of authorized employee positions who have access to confidential information for educational purposes. This information is posted for public inspection at the site of the student eligibility folder storage.

∙        Written consent is obtained from the student's parent or the adult student, prior to providing access to confidential student information to persons other than those identified. This Is entitled Notice for Release/Consent to Release Confidential Information.

 

Specific actions

1.   1.Obtain written consent from the student's parent or the adult student    prior to providing access to confidential student information.

 

2. Add the signed written consent to the student’s eligibility folder.

∙        A record of persons, other than those identified who have access to student information is maintained and includes the date and purpose of access and each person's signature.

3. Maintain a record of access for each student.
4. File the record of access form inside the left hand cover of the student’s audit folder.
5. Upon receipt of signed written consent from the parent, obtain on the student's record of access form the date of access, the signature of the person authorized by the consent, and the purpose of access.

∙        Harlandale staff members who are listed by position do not need to sign the record of access.

∙        TEA monitoring/auditing staff do not need written consent but do need to sign the record of access.

∙        Releasing information to other school districts is permitted. A record of this release should be maintained on the record of access.

RELEASING OF SPECIAL EDUCATION RECORDS

1. Parentalor adult student consent must be obtained before personally identifiable information is:

    

1. Disclosed to anyone other than officials of participating agencies collecting or using the information; (seeNotice for Release of Confidential Information Form)
2. Used for any purpose other than meetings requirement under the Individual with Disabilities Act.  The school may not release information from these records without parental consent except as provided in the FamilyEducational Rights and Privacy Act (FERPA)
3. Writtenconsent must be obtained from the student’s parent / adult student in order for personally identifiable information in education records to be released to any individual, agency, or organization other than the student himself and those listed below.
4. Such consent shall specify records to be released, the reason for such release, and to whom the records are to be released, (see Notice for Release of Confidential Information Form)
5. Such information may also be released in compliance with a judicial order or subpoena provided that the parent and student are notified in advance of compliance.

 

 DESTRUCTION OF SPECIAL EDUCATION RECORDS

The Destruction of special education records means the physical destruction or removal of personal identifiers from information so the information is no longer personally identifiable. 

Procedure

Parental consent must be obtained before personally identifiable information is disclosed to anyone other than those individuals listed and on the corresponding campus form.

Safeguards

1. The district shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.

 

1. One person at each school shall assume responsibility for ensuring the confidentiality of any personally identifiable information.

 

1. All persons collecting or using personally identifiable information must receive training or instruction regarding confidentiality.

 

1. Each school shall maintain, for public inspection, a current listing of positions of those employees within the agency who may have access to personally identifiable information.

Destruction of information

1. The district shall inform parents when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to the child.

 

2. The information must be destroyed at the request of the parents. However, a permanent record of a student's name,address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation. 

Children's Rights

1. Under the regulations for the FamilyEducational Rights and Privacy Act of 1974 the rights of parents regarding education records are transferred to the student at age 18.

 

2. If the rights accorded to parents under Part B of the Act are transferred to a student who reaches the age of majority, the rights regarding educational records must also be transferred to the student. However, the district must provide notice required to the studentand the parents.

 

What's Required

According to TEA,transportation includes:      

∙        Travel to and from school and between schools

∙        Travel in and around school buildings

∙        Specialized equipment(such as special or adapted buses, lifts and ramps), if required to provide special transportation for a student with a disability

Transportation as related service provides eligible students with disabilities access to their academic programs and certain other related services.  Some students with disabilities may require a variety of supports and services that are separate from transportation available to all students, such as:

∙       

∙        Specialized or adaptive equipment for persons who require specialized positioning or seating;

∙        A skilled nurse to conduct invasive procedures;

∙        Bus attendant to help curtail behavioral challenges;

∙        Air conditioned vehicles for persons who are sensitive to heat or prone to seizures;
or

∙        Wheelchair or other mobility device accessibility.

What We Do

There is no specific evaluation for the provision of transportation as related service. However, the ARD Committee must document why the student requires special transportation, which is generally based upon disability or program access. 

NOTE:
If a parent requests the consideration of other related services, the ARDCommittee must discuss these services. The ARD Committee should consider any available assessment that indicates a need for other related services or should consider recommending additional assessment(s) to verify the need for theservice(s). In addition, the student must demonstrate an educational need for the service. Each related service request must be supported by valid research demonstrating its educational benefit for students whose demographic characteristics (age, disability, grade level, etc.) are similar to those of the child.

 

Operating Guidelines for Video Surveillance of Special Education Settings

Implementing TEC §29.022 (as amended by SB 1398) 

Summary/Purpose
Texas Education Code §29.022 requires school districts and open-enrollment charter schools, to place, operate, and maintain video cameras with audio recording capability in certain Self-contained Classrooms and Other Special Education Settings for students with disabilities, upon the request of a parent, the District’s Board of Trustees, Principal, Assistant Principal, or staff member, as defined herein, for the purpose of promoting the safety of students with disabilities in these classrooms and other special education settings.

Definitions

Incident – An event or circumstance that allegedly occurred in a Self-contained Classroom or Other Special Education Setting in which video surveillance under TEC §29.022 is conducted that involves alleged “abuse” or “neglect,” as defined in the Texas Family Code, of a student by a staff member of the District, or alleged “physical abuse” or “sexual abuse,” as defined in the Texas Family Code, of a student by another student.

Designated District Coordinator – And administrator, designated by the Superintendent, at the primary administrative office of the District responsible for coordinating the provision of equipment to schools and campuses in compliance with TEC §29.022 and these Operating Guidelines.

Human Resource Staff Member – Superintendent, a principal, an assistant principal or other campus administrator, and any supervisory position within the District’s human resources office, including Director of Special Education.

Incident Report (i.e. Complaint) – Notification to the District of an alleged incident that occurred in a Self-contained Classroom or Other Special Education Setting in which video surveillance under TEC §29.022 is conducted by completing and providing an Incident Report form to the campus principal.

Other Special Education Setting – A classroom on a separate campus (i.e. a campus that serves only students who receive special education and related services), including a room attached to the classroom or setting used for time-out, in which a majority of the students in regular attendance are provided special education and related services, are assigned to the setting for at least 50 percent of the instructional day, and have one of the following instructional arrangements (i.e. PEIMS codes) as described in the Student Attendance Accounting Handbook:  86 or 96.

Parent – A parent, guardian or other person standing in parental relation to the student, whose rights have not been terminated, and whose child receives special education and related services in one or more Self-contained Classrooms or Other Special Education Settings.  “Parent” also means a student who receives special education and related services in one or more Self-contained Classrooms or Other Special Education Settings and who is 18 years of age or older or whose disabilities of minority have been removed, unless the student has been determined to be incompetent or the student’s rights have been otherwise restricted by a court order.

School Business Day – A day that campus or District administrative offices are open.

Self-contained Classroom – A classroom on a regular school campus (i.e. a campus that serves students in general education and students in special education), including a room attached to the classroom for time-out but not including a classroom that is a resource instructional arrangement under TEC §42.151, in which a majority of the students in regular attendance are provided special education and related services for at least 50 percent of the day,  and have one of the following instructional arrangements (i.e. PEIMS codes) described in the Student Attendance Accounting Handbook:  43, 44, 45, 84, 85, 89, 94, 95, or 98.

Staff Member – A teacher, related service provider, paraprofessional, counselor, or educational aide assigned to work in a self-contained classroom or other special education setting.

Time-out – A behavior management technique in which, to provide a student with an opportunity to regain self-control, the student is separated from other students for a limited period in a setting that is not locked and from which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object (TEC §37.0021).

Video Camera – A video surveillance camera with audio recording capabilities.

Video Equipment – One or more video cameras and any technology and equipment needed to place, operate, and maintain video cameras, and any technology and equipment needed to store and access video recordings as required by TEC §29.022.

Procedures for Requesting Video/Audio Surveillance

A request by a Parent, the District Board of Trustees, Principal, Assistant Principal Staff Member for a request for installation and operation of video/audio recording of a Self-contained Classroom or Other Special Education Setting must be made by completing and submitting to the campus principal (or principal’s designee) a written Request for the Installation of Video and Audio Recording Equipment (“Request for Installation”) form, including identification of the specific Self-contained Classroom or Other Special Education Setting for which the request is being made. The principal shall provide a copy of the Request to the Designated District Coordinator.

A Parent may request installation of a video camera for the Self-contained Classroom(s) or Other Special Education Setting(s) in which the Parent’s child is in regular attendance.

A parent of a student whose Admission, Review, and Dismissal (“ARD”) committee has determined that the student will be served in a Self-contained Classroom(s) or Other Special Education Setting(s) the following year may request installation of a video camera for the Self-contained Classroom(s) or Other Special Education Setting(s), where the parent’s child will be served in the next school year, by the later of: (1) the last date of the current school year, or (2) the 10th School Business Day after the date of the placement determination by the ARD committee.

A Staff Member may request installation of a video camera for the Self-contained Classroom(s) or Other Special Education Setting(s) to which the Staff Member is assigned.

A Principal and/or Assistant Principal may request installation of a video camera for one or more Self-contained Classroom(s) or Other Special Education Setting(s) on the Principal or Assistant Principal’s campus.

The District Board of Trustees may make a request for installation and operation of video/audio recording of a Self-contained Classroom(s) or Other Special Education Setting(s) by completing and submitting to the Designated District Coordinator a written Request for Installation form, which must include identification of the specific Self-contained Classroom(s) or Other Special Education Setting(s) for which the request is being made. The Designated District Coordinator shall provide a copy of the Request to the principal (or principal’s designee) of each school or campus addressed in the Board of Trustees’ Request.

The Request for Installation form may be obtained from the Director of Special Education. 

A request for installation and operation of video/audio recording of a Self-contained Classroom(s) or Other Special Education Setting(s) must be renewed annually if operation of the video/audio equipment is desired for the subsequent school year.

Procedures for Responding to Requests for Video/Audio Surveillance, Including Notice

1. Upon receipt of a Request for Installation form, the District will determine if the requested location is subject to video/audio surveillance.
2. Within seven (7) School Business Days from receipt of the Request for Installation form by an authorized person, the campus principal or Designated District Coordinator, as applicable, will provide a written response to the requestor, authorizing the request or stating the reason for denying the request.The response shall include a copy of these Operating Guidelines. A denial can be appealed as described herein.
3. If the requested location is subject to video/audio surveillance, the District will purchase, install, and operate video/audio recording equipment in the classroom(s) or setting(s) to which the request applies.
4. Except as provided in these Operating Guidelines, the purchase, installation, and operation of the video/audio recording equipment will take place not later than the 45th School Business Day, or the 1st school day after the 45th School Business Day if that day is not a school day, after the request is authorized (unless the Texas Education Agency [“TEA”] grants an extension of time, as discussed herein).
5. If a request is received from a parent of a student whose ARD committee has determined that the student will be served in a Self-contained Classroom(s) or Other Special Education Setting(s) the following year, the purchase, installation, and operation of the video/audio recording equipment will take place not later than the later of: the 10th school day of the fall semester of the next school year, or the 45th School Business Day, or the 1st school day after the 45th School Business Day if that day is not a school day, after the request is made (unless the TEA grants an extension of time as discussed herein).
6. The video/audio recording equipment will not be activated until after the campus principal provides advanced written notice, of at least five School Business Days, of the placement of the video camera to (a) the parents of each student attending class, or engaging in school activities, in the classroom or setting, by sending the notice to the parents and (b) all campus staff by posting a notice at the entrance to the classroom or setting stating “This classroom is subject to ongoing video and audio surveillance that is not regularly live monitored.”
7. The video recording will cover all areas of the classroom or setting, including a room attached to the classroom or setting used for Time-out.
8. The inside of a bathroom or area used for toileting or diapering a student or removing or changing a student’s clothes may not be visually monitored, except for incidental coverage of a minor portion of the bathroom or changing area because of the layout of the classroom or setting.
9. The audio recording will cover all areas of the classroom or setting, time-out room, and bathroom or changing area.
10. Once the video equipment is installed, the District will not allow regular or continual monitoring of the video/audio recordings.
11. The video camera will be operated at all times during which one or more students are present in the Self-contained Classroom or Other Special Education Setting. The video camera may also, but is not required to, be operational at times when students are not in the classroom or setting.
12. The District will continue to operate and maintain the video/audio recording in the Self-contained Classroom or Other Special Education Setting for the remainder of the regular school year, or for the remainder of the Extended School Year (“ESY”) services for which the school or campus received the request, as long as the classroom or setting continues to meet the definition of a Self-contained Classroom or Other Special Education Setting. If the requestor withdraws the request in writing, or if the make-up of the classroom or setting changes such that the location no longer meets the definition of a Self-contained Classroom or Other Special Education Setting, the video/audio recording may be discontinued. Written notice of the discontinuation of video/audio surveillance will be provided to: (a) the parents of the students assigned to the self-contained classroom or other special education setting at least five (5) school days prior to the discontinuation, and (b) all campus staff by posting a notice at the entrance of the classroom or setting stating “The video/audio recording of this classroom will cease on (insert date).”
13. At least ten (10) school days before the end of each school year, the school or campus shall notify the parents of each student in regular attendance in the classroom or setting that operation of the video camera will not continue during the following school year unless a person eligible to make a request for the next school year submits a new request.
14. The video/audio recordings will be stored in a safe and secure manner whether on on-site or off-site servers or in cloud storage.
15. The District will retain the video/audio recordings for at least three (3) months after the video was recorded, and may retain them longer, pursuant to TEC §29.022(e-1), if a request for viewing is made.
16. These requirements apply to video/audio surveillance during the regular school year and during ESY services.

Procedures for Making an Incident Report

A person may notify the District of an Alleged Incident occurring in a Self-contained Classroom or Other Special Education Setting where video/audio surveillance is in effect by completing an Incident Report form and providing it to the campus principal.  The Incident Report form may be obtained from the Director of Special Education.  The person making the Incident Report should be as specific as possible regarding the date, time, and location of the alleged incident, should include any witnesses, and should describe the suspected incident as clearly as possible.  The Incident Report should be provided to the campus principal as soon as possible, and if at all possible within 48 hours after the reporter becomes aware of an alleged incident.

Procedures for Responding to an Incident Report

1. If an Alleged Incident, as defined herein, is reported, absent extenuating circumstances, within seven (7) School Business Days from receipt of the Incident Report Form, the campus principal or authorized designee will coordinate with one or more eligible person(s) as set forth belowto schedule a time and location for them to view the recording of the Alleged Incident to determine whether the recording contains evidence of abuse or neglect, as defined in the Texas Family Code, of a student by an employee of the District, or physical abuse or sexual abuse, as defined in the Texas Family Code, of a student by another student.If so, the appropriate District administrator shall initiate other steps as required by law, District policy, or local procedures.
2. The appropriate District administrator(s) will determine whether any additional safety measures should be taken in the Self-contained Classroom or Other Special Education Setting pending a review of the relevant video/audio recording.
3. If the alleged incident, as set forth on the Incident Report form, cannot as described on the form, qualify as abuse or neglect, as defined in the Texas Family Code, of a student by a staff member of the District, or physical abuse or sexual abuse, as defined in the Texas Family Code, of a student by another student, the District will provide written notice to the person making the report that the allegations on the Incident Report form do not set forth an alleged incident (i.e. abuse or neglect, as defined in the Texas Family Code, of a student by employee staff member of the district , or physical abuse or sexual abuse as defined in the Texas Family Code, of a student by another student.)
4. Following the initial review of the video/audio recording by the District’s eligible persons, the District will notify the Parent who made the Incident Report as to whether the recording documented abuse or neglect, as defined in the Texas Family Code, of a student by a staff member of the District, or physical abuse or sexual abuse, as defined in the Texas Family Code, of a student by another student within three (3) School Business Days.The District will notify the Parent of one of the following:

1. The recording documenting abuse or neglect, as defined in the Texas Family Code, of a student by a staff member of the District, or physical abuse or sexual abuse, as defined in the Texas Family Code, of a student by another student, is available for viewing by the Parent upon making an appointment;
2. While the recording did not document abuse or neglect, as defined in the Texas Family Code, of a student by a staff member of the District, or physical abuse or sexual abuse, as defined in the Texas Family Code, of a student by another student, it did document a significant act involving the student, such that the recording is an educational record pursuant to the Family Educational Rights and Privacy Act (FERPA) and is available for viewing by the Parent upon making an appointment; or
3. Although the recording does not depict abuse or neglect, as defined in the Texas Family Code, of a student by a staff member of the District, physical abuse or sexual abuse, as defined in the Texas Family Code, of a student by another student, or a significant act involving the student such that the recording is not an educational record pursuant to FERPA, the video is available for viewing by the parent upon making an appointment. 

1. Additionally, the District will notify any non-reporting parent of a child who is subject to abuse or neglect, as defined in the Texas Family Code, of a student by an employee staff member of the District, or physical abuse or sexual abuse, as defined in the Texas Family Code, of a student by another student, as documented on the recording within three (3) school business days of the initial review of the video/audio recordings.

Access to Video/Audio Recordings

1. A video/audio recording made as a result of these provisions is confidential.
2. The District will not allow regular or continual monitoring of video/audio recordings.
3. The District will not use the video/audio recording for teacher evaluation or monitoring or for any purpose other than the promotion of safety of students receiving special education in a self-contained classroom or other special education setting.
4. In response to an Incident Report setting forth an alleged incident, the District will allow viewing of the video/audio recording only by the following eligible persons:
1. A Staff Member who is involved in an incident documented by the recording and who requests to view the recording;
2. A parent/guardian of a student who is involved in an alleged incident documented by the recording and who requests to view the recording;
3. A peace officer;
4. A school nurse;
5. A District or school administrator trained in de-escalation and restraint techniques; and
6. A Human Resources Staff Member designated by the Board of Trustees.
5. As part of an investigation of district or school personnel, or a report of alleged abuse committed by a student, the District will allow viewing of the video/audio recording only by the following:
1. A peace officer;
2. A school nurse;
3. A District or school administrator trained in de-escalation and restraint techniques; and
4. A Human Resources staff member designated by the Board of Trustees.
6. The District will also allow viewing of the video/audio recording to the following under the following conditions:
1. Appropriate Department of Family and Protective Services personnel as part of an investigation of alleged or suspected abuse or neglect of a child in a public or private school under the jurisdiction of the Texas Education Agency;
2. Appropriate Texas Education Agency or State Board for Educator Certification (SBEC) personnel or agents as part of an investigation; and
3. If DFPS personnel, a peace officer, school nurse, administrator, human resources staff member or SBEC personnel/agent view the video/audio recording and believes that the recording documents a possible violation of district or school policy, relating to the neglect or abuse of a student, the person may allow appropriate legal and human resources personnel access to the recording, and the recording may be used as part of a disciplinary action against district or school personnel.
4. A District employee who is the subject of the disciplinary action must be allowed to view a recording believed to document a possible violation of District or campus policy, relating to abuse of neglect of a student, if the employee requests to view the recording.
5. In accordance with Board Policy FL (LEGAL and LOCAL), District personnel or contractors whose job duties involve installation, operation, or maintenance of the video equipment or the retention of the video recordings will have access to the equipment and recordings only to the extent necessary to ensure the functionality of the equipment.
7. No one has any right to obtain a copy of a video/audio recording except that a copy will be released at the request of the student’s parent or guardian in a legal proceeding.
8. Nothing in these procedures limits a parent’s right to access educational records of a child under the Family Educational Rights and Privacy Act.However, not all surveillance video/audio recordings are educational records of a student.If the recording is directly related to a student who is the focus of the video, only that portion of the recording is an educational record of that student and may be viewed by that student’s parent upon request.The recording is not an educational record of students who are merely present and not the focus of the recording, and may not be viewed by the parents of these students.
9. If the District receives a request to view a recording, the District will provide a written response to the requestor within seven (7) School Business Days that access will or will not be provided.                                                  

Child Abuse Reporting

If a peace officer, school nurse, administrator, human resources staff member, or SBEC personnel/agent views the recording and believes that the recording documents possible abuse of a child as defined by the Family Code, the person shall submit a report to the Department of Family and Protective Services for investigation in accordance with the Family Code.

Procedures for Requesting an Extension of Time

1. Any request by the District for an extension of time to begin the operation of a video camera will be filed with the Commissioner of Education as soon as the District determines than an extension of time is needed but no later than prior to the 45th School Business Day after a request to begin operating a video camera is received.
2. The request for an extension of time to begin the operation of a video camera will specify why an extension of time should be granted and include the information required by 19 TAC §103.1303(c). The request may include a request for expedited review.
3. The request will name the individual who requested the installation of cameras and provide the individual's address and telephone number. Immediately following the individual's address and telephone number there shall appear in bold type: "You have been identified as the individual who requested the operation of a video camera that is the subject of this request to the Commissioner of Education to extend the statutory timeline. You may, but are not required to, participate in the proceedings before the Commissioner concerning the school district's request for an extension of time. It is entirely up to you whether and to what extent you wish to participate in these proceedings. The procedures governing these proceedings are found at 19 Texas Administrative Code §103.1303(c) and Texas Education Code, §29.022."
4. The request for an extension of time to begin the operation of a video camera will list the names, telephone numbers, and addresses of all interested parties to the request. All interested parties include all parents of students in the classroom or other special education setting for which a video camera has been requested and all staff who provided services in a classroom for which a video camera has been requested.
5. Any response to a request for an extension of time to begin the operation of a video camera must be filed with the Commissioner of Education within ten (10) calendar days of the filing of the request.
6. A response to a request for an extension of time to begin the operation of a video camera must specify why an extension of time should or should not be granted. The response shall include the information required by 19 TAC §103.1303(c). The response may include a request for expedited review. If no response to the request is timely filed, the Commissioner shall issue a final decision within twenty (20) calendar days.
7. If a request for an expedited review is not made, the Commissioner shall issue a final decision within forty-five (45) calendar days of the filing of the request for an extension of time to begin the operation of a video camera, unless the Commissioner determines that an evidentiary hearing would be helpful in deciding the issues raised.

Dispute Resolution

1.Special education dispute resolution procedures (i.e. due process hearing, mediation, TEA complaint) do not apply to any dispute arising under TEC §29.022 or these provisions.  Such disputes must be addressed through the District’s grievance procedures or other local dispute resolution channels. These grievances procedures are available to address denials of requests for the installation of cameras, denials of requests to view video, denials of requests to release a video, and requests of a school district for an extension of time for installation of cameras.

2.Employee complaints/grievances must be made in accordance with Board Policy DGBA (LEGAL and LOCAL); Student and/or Parent complaints/grievances must be made in accordance with Board Policy FNG (LEGAL and LOCAL), and public complaints must be made in accordance with Board Policy GF (LEGAL and LOCAL).

3.Once local remedies are exhausted by filing a grievance with the School Board and obtaining a School Board determination, the requestor may appeal the District’s decision by filing a written petition, pursuant to Tex. Educ. Code §7.057, with the Commissioner of Education.

4.The appeal must be made in writing to the Commissioner within 10 calendar days of the District’s decision being communicated to the requester or requestor’s counsel, whichever occurs first.

5.The District’s answer must be filed with the commissioner of Education within 10 calendar days of the district receiving notification from the commissioner of the appeal.

Expedited Review of Denial of a Request for Installation or Request to Release Video

1. The District, parent, staff Member, or administrator may seek expedited TEA review if a request for installation of cameras or a request to release a video is denied.The expedited review process does not apply to a request to only view a video.
2. The request for expedited review must be made in writing and filed with the Commissioner by U.S. mail, facsimile, hand delivery, or by a commercial delivery service no earlier than fourteen (14) School Business Days after a request for placement of a video camera or a request to release a video is administratively denied, and no later than the fifth (5th) School Business Day after the School Board resolves a grievance as to a request for placement of a video camera or a request to release a video.
3. Any request for an expedited review must include the names, telephone numbers, and addresses of all interested parties to the request. "Interested parties" are all persons who brought the grievance, all persons who have testified or provided written statements as part of the grievance process, and the District. The request for expedited review must specify whether the District denied a request for the placement of a video camera or the school district denied a request to release a video and briefly describe why that decision is either correct or incorrect.

Expedited Review of Requested Extension of Time to Begin Operation of Video Cameras

1. The District may seek expedited TEA review for a request for extension of time for installation.
2. A request for expedited review must be filed with the Commissioner within ten (10) calendar days of the filing of the request for an extension of time to begin the operation of a video camera.
3. Any reply by the District to any response to the request will be filed with the Commissioner within twenty-five (25) calendar days of the filing of the request for an extension of time to begin the operation of a video camera.
4. A preliminary judgment will be made by the Commissioner within thirty-five (35) calendar days of the filing of the request for an extension of time to begin the operation of a video camera.
5. Any interested party or the District may file objections to the preliminary judgment entered by the Commissioner of Education within forty (40) calendar days of the filing of the request for an extension of time to begin the operation of a video camera.
6. Any reply to an objection to a preliminary judgment must be filed within forty-five (45) calendar days of the filing of a request for an extension of time to begin the operation of a video camera.
7. The Commissioner will issue a final decision within fifty-five (55) calendar days of the filing of the request for an extension of time to begin the operation of a video camera, unless the Commissioner determines that an evidentiary hearing would be helpful in deciding the issues raised.
8. The Commissioner’s decision is final and not subject to appeal.

WHAT'S REQUIRED

The local educational agency (LEA) must ensure that to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled (34 CFR 300.114(a)(2)(i) and 20 USC 1412(a)(5)(A).

The LEA must ensure that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily (34 CFR 300.114(a)(2)(ii)and 20 USC 1412(a)(5)(A).

 The LEA must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services (34 CFR 300.115(a) . 

The ARD committee must specify the appropriate instructional arrangement/setting as set forth in 19 TAC 89.63(c).

What We Do

Continuum of options:

• general education classroom with consultative support from a teacher of                  the visually impaired
• general education classroom with direct instructional services from a teacher of      the visually impaired
• a combination of general education and self-contained special education classes    with consultative and/or direct instructional services from a teacher of the                visually impaired
• self-contained special education classroom with the consultative and/or direct              instructional services from a teacher of the visually impaired
• residential placement - Texas School for the Blind and Visually Impaired

Components of services for students with Visual Impairment:

• determined by the ARD/IEP Committee
• based upon individual needs of student
• may include Orientation and Mobility (O&M) as determined by the ARD/IEP Committee
• may include services from a Braille specialist
• may include technology support
• expanded core curriculum

Personnel have knowledge and competencies in the following areas:

• extent to which significant visual loss impacts access to the general curriculum, social skills and skills for daily living
• specially designed instruction
• accommodations and modifications
• technology supports including use of Braille, magnification and travel training

Instructional Services for the Visually Impaired: Description

The programs for the visually impaired students are designed to offer direct and/or consultative services needed by visually impaired students ages 0 through 21 to develop the skills needed to succeed in the public school setting and in adult life.

Early Childhood Intervention

In cooperation with the district's designated Early Childhood Intervention Agency, the Harlandale School District offers a home-based program to children, ages birth through three, who are blind or have an identified visual impairment. This is an early intervention family-centered program designed to facilitate the development of skills in young children with visual impairments. In this program, the teacher of the visually impaired enters the home of the child at a frequency agreed upon at the annual IFSP meeting. The V.I. teacher brings information about the disability, teaches the parent how to develop skills in their child, models strategies for the parent, and advises the parent and the early intervention team.

Itinerant

Services are provided by a certified teacher of the visually impaired to those school aged student sin mainstream or special education classes. These services may include direct instruction for pre-braille and braille, use of large print books, tactile discrimination training, visual efficiency training, instruction in the use of adaptive equipment, and consultation to parents, teachers and administrators.  These services also include the monitoring of student’s progress, monitoring the student’s use of specialized equipment, and the transdisciplinary team program developed for the student.

Orientation & Mobility

Orientation and Mobility (O&M) services are available to visually impaired students with a documented educational need as a related service. Orientation and mobility training provides instruction in the development of skills visually impaired students need to travel independently, safely and purposefully throughout their environment.  This may include such settings as the home, school, job, neighborhood or community.

Texas School for the Blind and Visually Impaired(TSBVI)

All parents of students who meet eligibility criteria for visual impairments are informed of programs offered by the Texas School for the Blind and Visually Impaired,including eligibility and admissions requirements and the rights of students related to admissions.

Criteria for Admission to the Program

1. The child must meet criteria for special education services as a student with a visual impairment as defined by State Board of Education rules. This includes children ages 0 through 21 who have no vision or have a serious visual loss after correction,which can be expected to interfere with normal patterns of development and adversely affect educational performance.

 

2. The student should be registered with the Texas Education Agency as a student with a visual impairment

Curriculum

1. The Texas Essential Knowledge and Skills identifies the standards for the academic curriculum in general education classes.
2. The Life Skills curriculum identifies functional skills for students with cognitive disabilities.
3. Students with visual impairments are provided the curriculum which can best address their IEP goals and objectives.

 

4. Disability specific areas of instruction may include: O & M, Braille, large print, use of optical devices, abacus, keyboarding, use of adaptive devices, low vision efficiency training, self-advocacy, self-help, social skills, and career readiness.

Teacher Responsibilities

1. To provide support services for eligible infants with a visual impairment, ages 0-3 in cooperation with the district’s designated early childhood intervention.
2. To implement the specialized VI services as determined by the ARD committee including direct service, monitoring, and/or consultation.
3. To monitor and report student progress on the IEP goals and objectives.
4. To attend all ARD meetings to report on student progress and assist the committee in completing the VI ARD supplement.
5. To provide staff development and serve as a resource to teachers of VI students.
6. Provide pupil information for TEA registration of students with visual impairments.
7. Submit requests for specialized instructional materials and literacy media.
8. Act as a liaison between school and community/state/federal agencies.
9. Perform function vision evaluation / learning media assessment.
10. Provide support and training to parents of children with visual impairments.
11.         Provide individualized educational services for needs related to the visual impairment as specified in the student’s ARD. These services may include consultation.
12. Provide and assist students and staff in the appropriate use of adaptive equipment.
13. Monitor the progress of VI students to ensure appropriate placement and services.
14. Prepare students to function with increased independence in future living environments.
15. Promote parental involvement in their child’s educational program.
16. Facilitate low vision examination appointments and attend doctor examinations to consult on student low vision needs for school and community.
17. Obtain an updated state of Texas Eye Examination Report Form for students to assure regular eye healthcare and to ascertain changes in visual activities, visual fields, etc.   
18. Provide parent of VI students information about the Texas School for the Blind and Visually Impaired and registration with such agencies as the Texas Education Agency, Texas State Library,Recording for the Blind, and Texas Workforce Solutions Vocational Rehabilitation Services. (TWS-VRS).