A student is eligible to receive special education services from their LEA under the following circumstances:Texas Administrative Code § 89.1050: (b) For a child from birth through two years of age with visual and/or auditory impairments, an individualized family services plan (IFSP) meeting must be held in place of an ARD committee meeting in accordance with 34 CFR, §§300.320-300.324.The ARD/IEP committee determines whether a child has a disability and by reasons of the disability, needs special education and related services (20 U.S.C. §§ 1401, 1414, 6368; 34 C.F.R. Part 300; 19 T.A.C. Chapter 89). Some of the things that must be considered when making the determination include the following:
- The full and individual evaluation (FIE) that determines if the student has a disability condition recognized under IDEA.
- A child is at least three but not more than 21 years of age and has one or more of the disabilities listed that prevent the student from being adequately or safely educated in public school without the provision of special services (19 TAC 89.1035).
- Parental consent for services
What We Do
The Role of the Case Manager/Special Education TeacherThe level of need for special education services should continuously be evaluated based on data such as standardized test scores, instructional assessments tools, and academic assignments. The Special Education teacher should be collecting and analyzing the data regularly and making recommendations to the ARD/IEP Committee regarding the possibility for adjustment of IEP services or possible reevaluation for dismissal.Special education services shall be discontinued when one of the following occurs:No Longer Eligible for Services
Services Through Age 21
- If the ARD/IEP Committee determines a student does not have an eligibility condition under IDEA based upon an evaluation, or if the committee finds that the student does not need specially designed instruction provided though special education as a result of the disability, the committee will determine that the student is not eligible for special education services.
- Before discontinuing services, however, the school must give the parent(s) and/or adult student prior written notice
Revocation of Consent for All Special Education Services
- Special education services are available to all eligible students ages 3-21.
- A student receiving special education services who is 21 years of age on September 1 of a school year shall be eligible for services through the end of that school year or until graduation with a regular high school diploma, whichever comes first.
- Graduation with a regular high school diploma terminates a student's eligibility to receive special education services.
- If, at any time after the school begins providing special education and related services to the student, the parent(s) and/or adult student choose to revoke consent for services, the school must discontinue providing special education and related services to the student.
- Before discontinuing services, however, the school must give the parent(s) and/or adult student prior written notice.
- Upon obtaining, a signed Notice of Revoking Consent (found in eSped) for special education services from the parent(s) and/or adult student, please send the form to the district special education office. The original prior written notice consent form should be filed in the student’s special education state eligibility folder.
Guidelines for Dismissal ARD/IEP Meetings
1. Diagnostician/SLP consults with individuals on the ARD committee with knowledge or special expertise regarding the student, including additional service providers (i.e. licensed school psychologist and/or speech language pathologist) and parent,tocomplete a Review of Existing Evaluation Data and propose assessment to review continued eligibility for special education services or accept the informal review as the new assessement.2. If formal testing is requested, Notice and Procedural Safeguards will be provided, and Consent obtained from the parent.3. Assessment personnel conduct the evaluation as outlined by the Review of Existing Evaluation Data (REED) and an ARD is scheduled to review the results with the ARD Committee. Implementation of decisions made by ARDC after five days from when Prior Written Notice was given to parent (unless parent waives the five day notice).4. Secure the parent’s signature during the ARD meeting, unless the student is 18 and can sign for him/herself. If unable to secure signature, document attempts in eSped (Example: “Parent did not attend or respond to notifications”). Document a minimum of three attempts to arrange for parent to attend the meeting including attendance by phone.5. Send copies of all documents to parent.6. Send all originals of IEP documents, FIE, notifications, and responses, to the district special education office. within 48 hours of the meeting date.