Marlin ISD Special Education Operating Guidelines Page 1 Revised 10/20/2014

Marlin Independent School District

______________________________________

SPECIAL EDUCATION

SERVICES

OPERATING GUIDELINES

The Special Education program in the Marlin Independent School

District operates under local district board policies. This Operating

Guidelines manual clarifies and supports local district policy, State Board

of Education and Commissioner’s Rules for Special Education Services, and

34 Code of Federal Regulations (Individuals with Disabilities Education

Act) IDEA 2004- Part 300- final revised regulations dated August 14, 2006.

Marlin ISD Special Education Operating Guidelines Page 2 Revised 10/20/2014

Marlin Independent School District

Special Education Operating Guidelines

Table of Contents

I. Section 1: Procedural Safeguards A. Parent Communication

1. Written Communication 2. Progress Reports 3. Verbal Communication

B. Required Notices and Consents 1. Student Handbook Statement 2. Notice of Procedural Safeguards 3. Guide to the Admission, Review and Dismissal Process 4. Prior Written Notice

a) Notice of Evaluation b) Notice of ARD Meeting

5. Consent a) Consent for Initial Evaluation

b) Consent for Certain Psychological Examinations or Tests c) Consent for Reevaluation d) Consent for Initial Provision of Special Education and Related Services e) Consent for Disclosure of Confidential Information

6. Revocation of Consent

C. Surrogate Parents 1. Rights of Students 2. Assignment of Surrogate 3. Qualifications of Surrogate 4. Responsibilities of Surrogate 5. Surrogate Training Program 6. Process for Requesting a Trained Surrogate Parent

D. Foster Parents 1. Qualifications of Foster Parent 2. Training Program 3. Conflict of Interest

a) Written Notice of Denial

E. Confidentiality and the Family Education Rights and Privacy Act (FERPA)

1. Confidentiality Training

Marlin ISD Special Education Operating Guidelines Page 3 Revised 10/20/2014

(Section 1: Procedural Safeguards- Continued)

F. Special Education Records 1. Student Records 2. Collection and Maintenance 3. Records Protection Guidelines 4. The Access Record 5. District/State Audit Folder Access List

G. Disciplinary Records 1. Process for Amending School Records 2. Transmittal of Records for Students Committing a Crime 3. Destruction of Special Education Records

H. Dispute Resolution 1. IEP Facilitation 2. TEA Complaint Procedures a) Filing a Complaint 3. Due Process Complaints

a) Contents of Due Process Complaint b) Sufficiency of Complaint

4. Resolution Meeting a) Resolution Period

b) Written Settlement Agreement 5. Mediation

a) District Procedures b) TEA Responsibilities

c) Mediator Qualifications d) Mediation Agreements

6. Due Process Hearing a) Hearing Rights

b) Hearing Officers c) Pre-Hearing Procedures d) Hearing Procedures e) Expedited Due Process Hearing Procedures

f) Hearing Decisions 7. Civil Action 8. Attorney’s Fees 9. Student Status During Proceedings

Note: Every effort has been made to ensure that the information provided in this section accurately reflects the most current federal/state statutes, regulations and guidance. Statutory/Regulatory references and other relevant updates are available through The Legal Framework for The Student-Centered Process, located at: http://framework.esc18.net/

Marlin ISD Special Education Operating Guidelines Page 4 Revised 10/20/2014

II. Section 2: The Referral Process

A. Response to Intervention (RTI) B. Child Find C. Eligible Students

1. Age Requirements 2. Prohibition on Mandatory Medication

D. Referrals for Specific Services 1. Adapted Physical Education (APE) 2. Assistive Technology (AT) 3. Attention Deficit Disorder / Attention Deficit with Hyperactivity Disorder 4. Early Childhood Intervention (ECI) 5. Education Based Therapy (EBT)

a) Occupational Therapy b) Physical Therapy c) Description of Therapy Services

E. Extended School Year (ESY) 1. Critical Skill Areas 2. Baseline Data

3. Regression Data 4. Recoupment Data 5. Students with Autism/ Autism Spectrum Disorder 6. Students with Significant Behavioral Concerns 7. Other Information Concerning ESY Determination

F. Homebound Instruction

1. Special Education Homebound

G. In-Home/Community-Based Training 1. Step 1: Identify Need 2. Step 2: Identify/Provide Interventions 3. Step 3: Assess Effectiveness

H. Preschool Program for Children with Disabilities (PPCD) 1. Children Transitioning from Early Childhood Intervention (ECI) Programs

2. Children Not Previously served by an Early Childhood Intervention Program (ECI)….

3. Referrals for Children Attending Private/Nonpublic Schools

I. Psychological Referral 1. Student is Currently Receiving Special Education Services 2. Student is Not Currently Receiving Special Education Services

J. Students with Auditory or Visual Impairments, Birth through Age 2 K. Texas School for the Deaf (TSD) L. Texas School for the Blind and Visually Impaired (TSBVI)

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(Section 2: The Referral Process- Continued)

M. Limited English Proficient (LEP) Students

1. For All LEP (Limited English Proficient) Students 2. Speech Only Referrals for LEP Students (Language) 3. Speech Only Referrals for LEP Students (Articulation) 4. Other Referrals 5. For Students Not Proficient in Either Language

Note: Every effort has been made to ensure that the information provided in this section accurately

reflects the most current federal/state statutes, regulations and guidance. Statutory/Regulatory

references and other relevant updates are available through The Legal Framework for The Student-

Centered Process, located at: http://framework.esc

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III. Section 3: Disability Categories

A. Overview B. Auditory Impairment

1. Definition 2. Required Eligibility Forms 3. Evaluation Procedures 4. ARD/IEP Requirements

C. Autism (AU) 1. Definition 2. Required Eligibility Forms 3. Evaluation Procedures 4. ARD/IEP Requirements

D. Deaf-Blind (DB) 1. Definition 2. Required Eligibility Forms 3. ARD/IEP Requirements

E. Emotional Disturbance (ED) 1. Definition 2. Required Eligibility Forms 3. ARD/IEP Requirements

F. Specific Learning Disability (SLD) 1. Definition 2. Required Eligibility Forms 3. ARD/IEP Requirements

G. Intellectual Disability (ID) 1. Definition 2. Required Eligibility Forms 3. ARD/IEP Procedures

H. Multiple Disabilities (MD) 1. Definition 2. Required Eligibility Forms 3. ARD/IEP Requirements

I. Orthopedic Impairment (OI) 1. Definition 2. Required Eligibility Forms 3. ARD/IEP Requirements

J. Other Health Impairment (OHI) 1. Definition 2. Required Eligibility Forms 3. ARD/IEP Requirements

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(Section 3: Disability Categories- Continued)

K. Speech Impairment (SI) 1. Definition 2. Required Eligibility Forms 3. ARD/IEP Requirements

L. Traumatic Brain Injury (TBI) 1. Definition 2. Required Eligibility Reports 3. ARD/IEP Requirements

M. Visual Impairment (VI) 1. Definition 2. Initial Referral and Evaluation 3. Required Evaluation Forms 4. ARD/IEP Requirements

N. Marlin ISD Assessment Battery 1. Cognitive/Intelligence Tests 2. Achievement Tests 3. Adaptive Behavior

Note: Every effort has been made to ensure that the information provided in this section accurately reflects the most current federal/state statutes, regulations and guidance. Statutory/Regulatory references and other relevant updates are available through The Legal Framework for The Student-Centered Process, located at: http://framework.esc18.net/

Marlin ISD Special Education Operating Guidelines Page 8 Revised 10/20/2014

IV. Section 4: The ARD Process

A. Overview 1. Electronic Recording of ARD Committee Meetings

B. ARD Committee Membership 1. Required Members

(a.)The Student (b.)The Parent(s) of the Student (c.) Regular Education Teacher (d.)Special Education Teacher or Service Provider (e.)Administrator/Agency Representative (f.) Evaluation Personnel (g.)Other Individuals with Special Education Expertise (h.)Other Required Members/Student Specific

(1) LPAC Representative (2) Certified Teacher of the Visually Impaired (3) Certified Teacher of Students with Auditory Impairments (4) CTE Teacher/Representative

(i.) Other Invited Members/Student Specific (1) Itinerant Behavior Teacher (2) Licensed Specialist in School Psychology (LSSP) (3) Related Services Provider(s) (4) Assistive Technology Representative (5) Compensatory Education Representative (6) Hospital/Homebound Representative (7) Day/Residential School Representative (8) Private/Parochial School Representative (9) Intermediate Care Facility for the Mentally Retarded Representative (10.) Transition Service Agency Representative (11.) Early Childhood Intervention Representative (12.) Nurse

C. ARD Committee Excusals D. ARD Committee Procedures

1. Initial ARD Committee Meeting 2. Annual IEP Review 3. IEP Revision 4. Requests for ARD Review 5. In-State and Out-of-State Transfer Students

a.) Temporary Special Education Services b.) Related Services c.) Records Transfer

E. Development of the IEP 1. Present Levels of Academic Achievement and Functional Performance

(PLAAFP) 2. Standards-Based Measurable Annual Goals 3. Measuring and Reporting Progress

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(Section 4: The ARD Process- Continued)

F. Assistive Technology

1. Providing and Maintaining Assistive Technology Devices 2. Parental Requests for Student Use of Personal AT Device

a.) AT Device Repairs b.) AT Device Replacements

G. Classroom Accommodations H. Participation in State/District Assessments

1. STAAR 2. STAAR-A 3. STAAR-Alternate 4. Accelerated Instruction 5. Intensive Program of Instruction 6. Student Success Initiative (SSI) Grade Advancement Requirements 7. Limited English Proficient (LEP) Students Receiving Special Education Services 8. FITNESSGRAM

I. Statewide Assessment Accommodations 1. Type 1 Accommodations 2. Type 2 Accommodations

J. Consideration of Special Factors K. Transition Services

1. Development of a Coordinated Set of Activities 2. Development of Postsecondary Goals 3. Transfer of Rights 4. Adult Students

L. Graduation M. Modified or Alternate Content Courses N. Personal Graduation Plan O. Summary of Performance P. Certificate of Attendance Q. Determining Placement

1. Guidelines for Determining Least Restrictive Environment (LRE)

R. ARD Procedures 1. Exclusionary Clause 2. Meeting Notification 3. Rescheduling the Meeting

S. Responsibilities of ARD Committee Members 1. Principal/Assistant Principal Responsibilities 2. Case Manager Responsibilities

a.) Prior to the ARD Committee Meeting b.) During the ARD Committee Meeting c.) After the ARD Committee Meeting

3. Evaluator Responsibilities 4. Central Staff Responsibilities

(Section 4: The ARD Process- Continued)

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T. Reevaluation ARD Committee Meeting U. Disability-Specific ARD Committee Meetings

1. Arena Evaluation for 3 and 4 Year Old Students New to Marlin ISD without an Established Eligibility

2. ARD Committee Meetings for a Student with an Auditory Impairment 3. ARD Committee Meetings for a Student with a Visual Impairment 4. ARD Committee Meetings for a Student with Autism Spectrum Disorder

a.) Absences

V. ARD Committee Meetings for Students Identified as Limited English Proficient (LEP) 1. ARD Committee/LPAC Collaboration

a.) Exiting Students Under TAC §89.1225(k) (1.) Step 1: Schedule Meeting to Evaluate Whether Student Potentially

Qualifies for Exit (2.) Step 2: Discuss Evidence of Need for Use of §89.1225(k) Exit Criteria (3.) Step 3: Specify Assessments and English Language Proficiency Test

Standards (a.)Academic Content Assessments of Reading and Writing (b.)English Language Proficiency Assessments in Grades 1-12

(4.) Step 4: Prepare Documentation (5.) Step 5: Discuss Recommended Exit Criteria in Formal ARD Committee

Meeting (6.) Step 6: Determine and Document Whether Student Has Met Modified Exit

Criteria b.) LPAC Parent Representatives

W. Process for Considering a More Restrictive Environment (MRE) 1. Request for Support

X. Residential Placements Y. Recessed ARD Committee Meeting to Reach Consensus

Note: Every effort has been made to ensure that the information provided in this section accurately reflects the most current federal/state statutes, regulations and guidance. Statutory/Regulatory references and other relevant updates are available through The Legal Framework for The Student-Centered Process, located at: http://framework.esc18.net/

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V. Section 5: Related Services

A. Definition

B. Determining the Need for Related Services

C. Audiology

D. Counseling

E. Early Identification and Assessment of Disabilities in Children

F. In-Home/Community-Based Training

G. Parent/Family Training and Support

H. Interpreting Services

I. Medical Services

J. Nursing Services

K. Occupational and Physical Therapy

L. Orientation and Mobility (O & M) Services

M. Psychological Services

N. School Health Services

O. Transportation

NOTE: Every effort has been made to ensure that the information provided in this section accurately reflects the most current federal/state statutes, regulations and guidance. Statutory/Regulatory references and other relevant updates are available through The Legal Framework for The Student-Centered Process, located at: http://framework.esc18.net/

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VI. Section 6: Instructional Programs and Support Services

A. Provision of FAPE

1. Definition 2. Determining FAPE

B. Special Education 1. Definition 2. Coordination of Services

C. Participation in the General Education 1. Least Restrictive Environment 2. Instructional day

D. Services by Non-District Personnel During the School Day

E. Continuum of Services

1. Instructional Arrangement Coding a.) Mainstream b.) Speech Therapy c.) Resource d.) Self-contained, Mild/Moderate/Severe, Regular Campus e.) Special Education Homebound f.) Nonpublic Day School g.) Vocational Adjustment Class (VAC) h.) Residential

2. Support Services a.) External Support

b.) In-class Support

c.) Specialized Support

F. Instructional Programs 1. Accelerated Instruction 2. Adapted Physical Education (APE) 3. Assistive Technology (AT) Services 4. Auditory Impairment (AI) 5. Elementary/Secondary Inclusion 6. Extended School Year (ESY) Services

a.) Other Information Concerning ESY Determination 7. Functional Living Skills (FLS) 8. Preschool Program for Children with Disabilities (PPCD)

a.) Walk Up Speech 9. Special Education Homebound Services a.) Homebound Eligibility Requirements b.) Dismissal from Homebound Services c.) General Provisions for Special Education Homebound Instruction

10. Speech-Language Therapy 11. Visual Impairment 12. Vocational Adjustment Class (VAC) 13. Work-Based Learning (WBL)

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G. Career and Technical Education (CTE)

NOTE: Every effort has been made to ensure that the information provided in this section accurately reflects the most current federal/state statutes, regulations and guidance. Statutory/Regulatory references and other relevant updates are available through The Legal Framework for The Student-Centered Process, located at: http://framework.esc18.net/

Marlin ISD Special Education Operating Guidelines Page 14 Revised 10/20/2014

VII. Section 7: Discipline and Positive Behavior Supports

Processes to Support Effective Discipline

A. Overview B. ARD Committee Role

1. Behavior Review

C. Functional Behavioral Assessment (FBA) 1. Initial Referral for Special Education Services 2. Reevaluation Procedures and Procedures for Students Currently Receiving Special Education Services

D. Behavior Intervention Plan (BIP) 1. Steps in the Behavior Intervention Plan (BIP) Planning Process

E. Behavioral Goals and Objectives F. Disciplinary Removals

1. Case-by-Case 2. Suspension 3. In School Suspension (ISS) 4. Statewide Assessments in Disciplinary Settings 5. Change of Placement 6. ARD Committee Meeting for Removals Constituting a Change of Placement

G. Manifestation Determination (MD) ARD 1. MD ARD Committee Procedures 2. Special Circumstances

a) Removal to an Interim Alternative Educational Setting b) Dangerous Weapon c) Illegal Drug d) Controlled Substance e) Serious Bodily Injury

3. Bullying, Harassment, Hit List a) Bullying b) Harassment c) Hit list

H. Subsequent Short Term Removals I. Bus Suspension of a Student with Disabilities J. Appeals

1. Placement during Appeals

K. Discretionary Placement in the Disciplinary Alternative Education Program (DAEP) L. Reporting to Law Enforcement Authorities

M. Summary of Disciplinary Steps for Students with Disabilities

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(Section 7: Discipline and Positive Behavior Supports)

N. Teacher Removal of a Student with a Disability O. Disciplining General Education Students Who Allege a Disability

1. IDEA Protections 2. Disciplinary Process

P. Texas Behavior Support 1. Legal History 2. Positive Behavior Support

Q. Seclusion 1. Emergency Situation Exception

R. Restraint 1. Restraint Notification 2. Restraint Documentation 3. TBSI Core Team Responsibilities 4. Training on the Use of Restraint

S. Time-Out 1. Definition 2. Notification and Documentation Requirements

NOTE: Every effort has been made to ensure that the information provided in this section accurately reflects the most current federal/state statutes, regulations and guidance. Statutory/Regulatory references and other relevant updates are available through The Legal Framework for The Student-Centered Process, located at: http://framework.esc18.net/

Marlin ISD Special Education Operating Guidelines Page 16 Revised 10/20/2014

VIII. Section 8: Program Management

A. Scope and Applicability B. Free Appropriate Public Education (FAPE)

1. Definition 2. Exceptions to FAPE for Certain Ages

C. Special Education Services 1. Definition of Special Education 2. Definition of Special Education Terms

D. Personnel E. Access to the General Education Curriculum

1. Texas Essential Knowledge and Skills (TEKS) 2. Textbooks

F. Evaluating Interventions and Instructional Strategies 1. Peer-Reviewed Research 2. Scientifically Based Research

G. Public Education Information Management System (PEIMS) H. Texas Student Records Electronic Exchange System (TREx) I. Performance Based Monitoring Analysis System (PBMAS) J. Residential Facility (RF) Monitoring K. State Performance Plan (SPP)

1. District Indicators

2.District Data Collection

3. District Determinations

L. Collaboration with Other Agencies M. Federal Funding N. Use of Public and Private Insurance

O. Residential Placements

Note: Every effort has been made to ensure that the information provided in this section accurately reflects the most current federal/state statutes, regulations and guidance. Statutory/Regulatory references and other relevant updates are available through The Legal Framework for The Student-Centered Process, located at: http://framework.esc18.net/

Marlin ISD Special Education Operating Guidelines Page 17 Revised 10/20/2014

Section 1: Procedural Safeguards

A. Parent Communication

Communication with parents is a critical part of the educational process. Parents should be aware of their

student’s academic, behavioral and social progress within the school setting.

Professional standards should be maintained when communicating with parents and other staff members.

“People first” language should be used when discussing individuals with disabilities, e.g., a student with a

specific learning disability, a student who is visually impaired, etc. Staff members should make every

effort to provide accurate information and to use an appropriate “tone” in both written and oral

communication.

Note: Regardless of the form of communication utilized, it is important that campus staff members review

and respond to any concern expressed by the parent in a timely manner.

1. Written Communication

The student’s teacher(s) and service provider(s) is/are responsible for implementing IEP goals and

communicating with parents regarding IEP implementation, the daily schedule and student

progress. Copies of written communication should be a part of the documentation maintained by the

teacher/service provider. Written communication includes:

Informal notes sent home with the student

Communication notebooks/logs

Graphs showing weekly/daily progress

Email

Professionalism should be maintained in any written communication from district personnel to the parent.

It is important to use appropriate vocabulary and to follow the standard rules regarding spelling, grammar,

usage and punctuation. Staff members should be especially careful when sending email to the parent or to

any other school personnel in which information regarding the student is shared.

Note: Paraprofessional responsibilities do not include written communication with parents, e.g., writing

comments in the student’s communication notebook/log, etc.

2. Progress Reports

Progress reports provide parents with information regarding the student’s progress in meeting his/her IEP

goals/objectives. Progress reporting for students receiving special education services should follow the

same schedule as progress reporting for general education students, unless the ARD Committee

determines that progress reports should be sent more frequently.

3. Verbal Communication

Verbal communication includes face-to-face conferences, meetings and telephone calls. Staff members

should be aware of the nonverbal messages communicated by their facial expressions, physical

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positioning and other “body language” during face-to-face conferences/meetings. All verbal

communication with parents must be documented as parent contacts.

B. REQUIRED NOTICES AND CONSENTS

Marlin ISD strives to establish and maintain a full educational partnership with parents. To

accomplish this goal, Marlin ISD’s Department of Special Education attempts to communicate clearly and

effectively to parents the purpose of each action we take on behalf of their students. We also seek

parental cooperation and approval for many activities associated with the provision of a free and

appropriate public education for students with disabilities. Thus, the provision of parental notice and

consent are critical requirements of the Special Education Department.

All notices should be provided in the native language or other mode of communication of the

parent. Notices may be written in the language of the parent or interpreted orally. If the native language

or other mode of communication of the parent is not a written language, the school must take steps to

ensure that:

The notice is translated orally or by other means to the parent in his or her native language or other

mode of communication

The parent understands the content of the notice

There is written evidence that the requirements described above have been met.

ARD documents interpreted for the parent must include the signature of the adequately trained and

competent interpreter. Campus personnel are responsible for completing and submitting the required

documentation.

1. Student Handbook Statement

TEA has provided a written explanation of the options and requirements for providing assistance to

students who have learning difficulties or who need or may need special education services. The primary

purposes of the written statement are to ensure that parents understand their right to request an evaluation

of their student for special education services and to prevent any unnecessary or inappropriate delays in

special education evaluations.

The statement must be distributed in a written form to each parent every year. It may be included in

the student handbook, or through other means such as a letter or newsletter to each parent. An

electronic copy of the statement is available at:

http://ritter.tea.state.tx.us/special.ed/guidance/statement.html

2. Notice of Procedural Safeguards

The Notice of Procedural Safeguards is the Texas Education Agency document used to inform student

with disabilities and/or their parents about procedural safeguards. The Notice of Procedural Safeguards is

provided in the native language of the parent (or adult student) if at all possible. The document is

currently available in English and Spanish. Oral translation is provided in other languages when

necessary.

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The Marlin ISD staff will disseminate the Notice of Procedural Safeguards in the following

circumstances:

Upon initial referral or request for evaluation and reevaluation

During an initial or annual ARD Committee meeting

Before adjourning an ARD Committee meeting in which consensus has not been reached

Upon receipt of the first TEA complaint in a school year

Upon the first occurrence of the filing of a due process hearing complaint in a school year

Upon request by the parent

Upon the date a decision is made to remove a student due to a violation of the student code of

conduct when the removal amounts to a change in placement

A recipient’s signature on the Receipt for the Notice of Procedural Safeguards is required the first time

the document is disseminated and explained.

Note: The Texas Education Agency has indicated that, other than adding local contact information in the

designated space, the wording of The Notice of Procedural Safeguards must not be changed. In addition,

the TEA has noted that the font size of the document and other formatting should not be altered. The

most current version of the Notice of Procedural Safeguards is available at: http://framework.esc18.net.

3. Guide to the Admission, Review and Dismissal Process

The parent must receive a copy of A Guide to the Admission, Review, and Dismissal Process at least

five (5) days before the initial ARD meeting. The school must maintain documentation in the student’s

audit folder that the parent has received the ARD guide.

Note: The most current version of A Guide to the Admission, Review and Dismissal Process is available

at: http://framework.esc18.net

4. Prior Written Notice

Prior written notice is required whenever an ARD Committee meeting is convened. Prior written

notice must be provided to the parents of a student with a disability or the adult student within five (5)

school days and before an ARD Committee decision is implemented. The district must provide prior

written notice :

Prior to implementing the ARD Committee’s proposal to initiate, change or cease the

identification, evaluation or educational placement of a student or the provision of FAPE to the

student

Prior to refusing to initiate, change or cease the identification, evaluation or educational placement

of the student or the provision of FAPE to the student

When a parent/adult student disagrees with the decisions of the ARD Committee and before the

district implements the decisions

When Marlin ISD implements an individualized education program (IEP) with which the parent or

adult student disagrees and/or

Following the parent/adult student’s written revocation of consent for continued provision of

special education and related services before the district discontinues the provision of special

education and related services

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Prior written notice must be provided even if:

The parent/adult student withdraws a request

The parent/adult student agrees to delay a request

The district and parent/adult student agree with all requests and decisions

The notice must include:

A description of the action proposed or refused by Marlin ISD

An explanation of why Marlin ISD proposes or refuse to take the action

A description of each evaluation procedure, assessment, record, or report Marlin ISD used as a

basis for the proposed or refused action

A statement that the parents of the student with a disability have protection under the procedural

safeguards and, if the notice is not an initial referral for evaluation, the means by which a copy of

the procedural safeguards can be obtained

Sources for parents to contact to obtain assistance in understanding their procedural safeguard

rights

A description of other options that the ARD Committee considered and the reasons why those

options were rejected and

A description of other factors relevant to Marlin ISD’s proposal or refusal.

The actions described in the notice will not be implemented until at least five school days after Marlin

ISD provides the prior written notice, unless the parent adult/student waives the five-day notice

requirement. Documentation of the waiver will be placed in the student’s audit folder.

Note: A parent of a student with a disability or an adult student may elect to receive prior written notices

by electronic mail communication, if Marlin ISD chooses to make that option available.

Additional information regarding prior written notice is available at:

http://www.tea.state.tx.us/index2.aspx?id=2147498965

a) Notice of Evaluation

This notice is provided to a parent (or adult student) at least five (5) school days prior to the initiation

of the proposed evaluation, unless the parent/adult student has signed a waiver. The parent (or adult

student) may waive the right to the five-school-day waiting period. Documentation of the waiver must be

maintained in the student’s audit folder.

b) Notice of ARD Meeting

The Notice of ARD Meeting must

Indicate the purpose, time and location of the meeting and who will be in attendance

Inform the parents of their right to invite individuals who have knowledge or special expertise

about their student

The written notice of the ARD Committee meeting is provided to the parent/adult student at least five

school days prior to the meeting date, unless the parent has signed a waiver. The date of the notice is the

date the Notice of ARD form is given to the parent. Documentation of the receipt of notice and any

waiver must be maintained in the student’s audit file.

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If the purpose of the meeting is the consideration of transition services, the notice must:

Indicate that the purpose of the meeting is to consider transition services for the student

Indicate that the school will invite the student and

Identify any other agency that will be invited to send a representative (but only with the

consent of the parent or adult student)

With respect to adult students, the student’s state audit file should contain a copy of the notice that

indicates it was sent to the student as well as the parent.

5. Consent

Consent means that the parent has received comprehensive information, in his or her native language

or other mode of communication, relevant to the proposed activity and agrees in writing to the activity. In

addition, the parent has been informed that consent is voluntary and may be revoked at any time. If a

parent revokes consent, that revocation is not retroactive, e.g., it does not negate an action that has

occurred after the initial consent was given and before the consent was revoked.

Parental consent is not required for

Review of existing data as part of an evaluation or reevaluation

Administration of a test or other evaluation that is administered to all students unless parental

consent is required for all students

a) Consent for Initial Evaluation

Informed parental consent must be obtained before conducting an initial evaluation. The consent

form states that the parent has been fully informed of all information relevant to the activity for which

consent is sought in his or her native language or other mode of communication. The consent form

describes the initial evaluation and lists any records that will be released and to whom.

The parent must understand and agree in writing to the initial evaluation. The parent must be

informed that the granting of consent is voluntary and may be revoked at any time and that revocation of

consent is not retroactive, i.e., it does not negate an action that has occurred after the consent is given and

before the consent was revoked. The district must document that it has taken reasonable measures to

obtain the consent.

If the student is a ward of the state and is not residing with his/her parent(s), Marlin ISD must

make reasonable efforts to obtain the informed consent from the parent(s) for the initial evaluation. Marlin

ISD is not required in such instances to obtain informed consent from the parent for an initial evaluation if

the student is a ward of the state and:

Despite reasonable efforts, Marlin ISD is unable to locate the parent

The rights of the parent(s) have been terminated in accordance with state law

The rights of the parent(s) to make educational decisions have been subrogated by a judge in

accordance with state law and consent for an initial evaluation has been given by an individual

appointed by the judge to represent the student

If the parent(s) of the student does not provide consent for initial evaluation or the parent fails to

respond to a request to provide consent, Marlin ISD may, but is not required to, pursue the initial

evaluation of the student utilizing procedural safeguards, including mediation and due process procedures,

except to the extent inconsistent with state law relating to such parental consent.

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Note: Parental consent for initial evaluation must not be construed as consent for initial provision of

special education and related services.

The parent must understand and agree in writing to the activity for which consent is sought. In the

event a parent fails to respond to a request for a reevaluation, informed parental consent need not be

obtained for the reevaluation if the school has made and can document at least three (3) efforts to obtain

consent.

The Director of Special Education should be contacted if a parent refuses consent for an initial or

reevaluation, as the student’s right to a free appropriate public education must be protected.

Note: A special education hearing officer in an impartial due process hearing may issue an order or

decision that authorizes one or more evaluations of a student who is eligible for, or who is suspected of

being eligible for, special education services. Such an order or decision authorizes the evaluation of the

student without parental consent as if it were a court order for purposes of any state or federal law

providing consent by order of a court.

b) Consent for Certain Psychological Examinations or Tests

Upon request by the student’s parent, before obtaining the parent’s consent for the administration

of any psychological examination or test that is included as part of the evaluation of the student’s need for

special education, Marlin ISD will provide the parent with (a) the name and type of examination or test

and (b) an explanation of how the examination or test will be used to develop an appropriate

individualized education program for the student. If, following the initial psychological examination, the

district determines that additional psychological examinations are needed, the district will provide the

information described above and will obtain additional consent for the examination or test. If the parent

does not give consent within 20 calendar days after the date the district provided the parent with

the information, the parent’s consent is considered denied.

Note: The time required for the district to provide information and seek consent may not be counted

toward the 45 school days for completion of an evaluation.

c) Consent for Reevaluation

The informed consent that Marlin ISD must obtain to conduct a reevaluation must fully inform the

parent of all information relevant to the reevaluation. The information must be provided in the parent’s

native language or other mode of communication. The consent describes the reevaluation and lists the

records (if any) that will be released and to whom.

The parent must understand and agree in writing to the reevaluation. The parent must understand

that consent is voluntary and may be revoked at any time and that revocation is not retroactive,, i.e., it

does not negate an action that has occurred after the consent was given and before the consent was

revoked.

d) Consent for Initial Provision of Special Education and Related Services

This consent must be signed by the parent before special education and related services are

initiated. This consent state that the parent has been fully informed of all information relevant to the initial

provision of special education and related services for which his/her consent is sought. The consent form

must be in the parent’s native language or other mode of communication. The consent form also:

Marlin ISD Special Education Operating Guidelines Page 23 Revised 10/20/2014

Describes the initial provision of special education and related services

Lists the records that will be released and to whom the records will be released

States that the parent understands and agrees to the initial provision of services

Indicates that the parent understands that the consent is voluntary and may be revoked at any time

States that if the parent revokes consent in writing for the student’s receipt of special education

services after the student is initially provided with the services, Marlin ISD is not required to

amend the student’s education records to remove any references to the student’s receipt of special

education and related services because of revocation of consent

If the parent fails to respond or refuses to consent to services, Marlin ISD

May not use mediation or due process procedures to obtain an agreement or a ruling that services

be provided to the student

Will not be considered in violation of the requirement to make FAPE available to the student

Is not required to convene an ARD Committee meeting or develop an IEP

Note: Marlin ISD may not use a parent’s refusal to consent to one service or activity to deny the parent or

student any other service, benefit or activity.

e) Consent for Disclosure of Confidential Information

Parental consent must be obtained before personally identifiable information is

Disclosed to anyone other than officials of participating agencies collecting or using the

information under IDEA-Part B

Used for any purpose other than meeting a requirement of IDEA-Part B

When public benefit or private insurance is accessed or

When special education records are transmitted to or from a private school

6. Revocation of Consent

If, at any time subsequent to the initial provision of special education and related services, the parent

or adult student revokes consent for services in writing, prior written notice must be provided within five

(5) school days. The notice should describe the change in educational placement and services that will

result from the revocation of consent. The district may not discontinue services until five (5) business

days after the notice is provided, unless the parent waives the five (5) day notice. When an adult student

revokes consent for the continued provision of special education and related services, the school must

provide prior written notice to both the student and the parent(s).

The district

May not require a parent to provide an explanation, either orally or in writing, prior to ceasing the

provision of special education and related services

May not use mediation or due process procedures to obtain an agreement or a ruling that services

be provided to the student

Will not be considered in violation of the requirement to make FAPE available to the student

Is not required to convene an ARD Committee meeting or develop an IEP

Note: Once a parent revokes consent for a student to receive special education and related services, the

student is considered a general education student under the Elementary and Secondary Education Act

Marlin ISD Special Education Operating Guidelines Page 24 Revised 10/20/2014

(ESEA) and will have his/her progress tracked in the same manner as students who do not receive special

education and related services.

C. Surrogate Parents

1. Rights of Students

Unless appointed by the judge overseeing the child's care, Marlin ISD must appoint a surrogate parent

whenever

No parent can be identified

Marlin ISD, after reasonable efforts, cannot locate a parent

The student is a ward of the state

The student is an unaccompanied homeless youth as defined by the McKinney-Vento Homeless

Assistance Act

2. Assignment of Surrogate

Marlin ISD must determine whether a student needs a surrogate parent and must assign a surrogate

parent to the student not more than 30 days after the determination is made. If the student is a ward of the

state, the surrogate parent may be appointed by the judge overseeing the student’s case, provided that the

surrogate meets the requirements listed below. The surrogate parent may represent the student in all

manners relating to the identification, evaluation and educational placement of the student and the

provision of FAPE to the student.

3. Qualifications of Surrogate

Marlin ISD must ensure that a person selected as a surrogate parent

Is not an employee of TEA, Marlin ISD or another agency that is involved in the education or care

of the student

Has no personal or professional interest that conflicts with the interest of the student he/she

represents

Has knowledge and skills that ensure adequate representation of the student

In the case of a student who is an unaccompanied homeless youth, appropriate staff of emergency

shelters, transitional shelters, independent living programs and street outreach programs may be appointed

as temporary surrogate until a qualified surrogate is appointed.

Note: A person otherwise qualified to be a surrogate parent is not considered to be an employee of Marlin

ISD solely because he/she might be paid by Marlin ISD to serve as a surrogate parent.

4. Responsibilities of Surrogate

An individual serving as a surrogate is required to

Complete a training program that complies with minimum standards established by TEA

Visit the student and the student’s school

Consult with persons involved in the student’s education including teachers, caseworkers, court-

appointed volunteers, guardians ad litem, attorneys ad litem, foster parents and caretakers

Review the student’s educational records

Attend meetings of the student’s ARD Committee

Exercise independent judgment in pursuing the student’s interests and

Marlin ISD Special Education Operating Guidelines Page 25 Revised 10/20/2014

Exercise the student’s due process rights under applicable state and federal laws

5. Surrogate Training Program

An individual assigned to act as a surrogate parent must complete a training program that addresses the

provisions of federal and state laws, rules and regulations relating to

The identification of a student with a disability

The collection of evaluation and re-evaluation data relating to a student with a disability

The ARD Committee process

The development of an IEP, including the consideration of transition services for a student who is

at least 14 years of age

Determination of least restrictive environment

Implementation of an IEP

Procedural rights and safeguards

Sources for obtaining assistance in understanding the provisions of federal and state laws, rules

and regulations relating to students with disabilities

The training program must be provided in the native language or other mode of communication used

by the individual who is to serve as a surrogate parent.

The individual must complete the training program within 90 calendar days after the date of initial

assignment as a surrogate parent. The individual shall not be required to complete additional training in

order to continue serving as the student’s surrogate parent or to serve as the surrogate parent for other

students with disabilities.

Marlin ISD will maintain records of those individuals who have received surrogate parent training and

will provide certificates to individuals who successfully complete the training.

6. Process for Requesting a Trained Surrogate Parent

Campus personnel must request a trained surrogate parent if the student is not represented by one of the

following.

A biological or adoptive parent

A foster parent

A guardian generally authorized to act as the child’s parent or authorized to make educational

decisions for the child (but not the State if the child is a ward of the State)

An individual acting in the place of a biological or adoptive parent (including a grandparent, step-

parent or other relative) with whom the child lives or an individual who is legally responsible for

the child’s welfare or

A surrogate parent who has been appointed in accordance with federal regulations

Procedures for requesting a trained surrogate parent are as follows:

1. For students who (a) are in the custody of Child Protective Services (residential, facility, foster

care, kinship and/or any other court placement; or (b) for whom parent representation is

questionable or unknown, designated campus personnel will complete the Request for Surrogate

Parent and Verification form. The form must be completed and faxed to the Special Education

Department (972-581-4111) at least 14 days before the student’s ARD Committee meeting,

Marlin ISD Special Education Operating Guidelines Page 26 Revised 10/20/2014

2. The Special Education Department will complete the verification process and confirm the need for

a surrogate parent.

3. The Special Education Department will appoint a surrogate parent and will notify the surrogate

parent and designated personnel.

D. Foster Parents

Marlin ISD must give preferential consideration to a foster parent of a student with a disability

when assigning a surrogate parent for the student.

1. Qualifications of Foster Parent

A foster parent may act as the parent of a student with a disability if

The Department of Protective and Regulatory Services is appointed as the temporary or permanent

managing conservator of the student

The student has been placed with the foster parent for at least 60 days

The foster parent agrees to:

Participate in making educational decisions on the student’s behalf and

Complete a training program for surrogate parents and

The foster parent has no interest that conflicts with the student’s interests

Note: If a Marlin ISD employee serves as a foster parent for a Marlin ISD student, the district is required

to determine on a case-by-case basis whether the foster parent has a conflict of interest by virtue of his/her

employment. If it is determined that no conflict of interest exists, the foster parent may act as the parent,

provided all other requirements for acting as a parent are met. If Marlin ISD determines that a conflict of

interest exists, the district must appoint a surrogate parent.

2. Training Program

Marlin ISD should provide or arrange for the provision of the surrogate training program prior to

assigning a foster parent to act as a parent, but no later than 90 calendar days following the assignment.

3. Conflict of Interest

Marlin ISD shall develop and implement procedures for conducting an analysis of whether a parent or

potential surrogate has an interest that conflicts with the interests of the student. A foster parent in a home

verified by the TDFPS or a student-placing agency shall not be deemed to have a financial conflict of interest by

virtue of serving as the foster parent in the home. These homes include, but are not limited to, basic, habilitative,

primary medical or therapeutic foster or foster group homes. In addition, issues concerning quality of care of the

student do not constitute a conflict of interest. Concerns regarding quality of care of the student should be

communicated, and may be statutorily required to be reported, to TDFPS.

a) Written Notice of Denial

If Marlin ISD denies a foster parent the right to serve as the surrogate or parent, Marlin ISD must provide the

foster parent with written notice of such denial within seven calendar days after the date the decision is made.

The notice must

Marlin ISD Special Education Operating Guidelines Page 27 Revised 10/20/2014

Specify the reason(s) the foster parent is being denied the right to serve as the surrogate parent or parent

and describe the interests of the foster parent that conflict with the interests of his/her student

Inform the foster parent of his/her right to file a complaint in accordance with federal regulations

E. Confidentiality and the Family Education Rights and Privacy Act (FERPA)

The confidentiality of personally identifiable information is protected in Marlin ISD. School personnel in

Marlin ISD work very closely with parents in determining if special services are needed to benefit their

students. In making decisions, it is necessary that certain records be collected by the school. Such records are

collected and maintained only for the purpose indicated, and district personnel are trained to use personal data

with the greatest respect of parent and student’s rights.

All education records regarding the identification, evaluation, placement, or the provision of FAPE are

regarded as confidential. The Special Education Department is responsible for ensuring the

confidentiality of any personally identifiable information of students who are referred for special

education or who receive special education services of any type.

The Special Education Department assures that parents or representatives of the parents have the right

to view all such records including:

The right to a response from professional school personnel having possession of such records

The right to a reasonable explanation or interpretation of the records

The right to request copies of school records

The right to know who has seen their student’s records

The right to restrict access to their student’s records by withholding consent to release records

The right to examine (within 45 days) any records relating to the education of their student

unless the school district has been advised that the parent does not have authority under

applicable laws governing such matters as guardianship, foster parent placement, separation,

and student custody

The Marlin ISD Special Education Department is responsible for assuring that:

The personally identifiable information of a student with a disability is retained in accordance

with applicable state and federal laws

District employees are informed of Marlin ISD regulations regarding confidentiality

Note: Campus personnel must use extreme caution to ensure that (a) the names of students receiving

special education services are not displayed and (b) these students are not specifically identified as

students who receive special education services. District/Campus personnel should avoid using the full

name of a student in the subject line of an email and must not violate student confidentiality through the

use of email.

1. Confidentiality Training

All individuals using or collecting personally identifiable information must receive training or

instruction regarding the state’s policies and procedures that ensure protection of the confidentiality of

any personally identifiable information collected, used, or maintained under IDEA, Part B.

Confidentiality training is available through Marlin ISD.

Marlin ISD Special Education Operating Guidelines Page 28 Revised 10/20/2014

F. Special Education Records

1. Student Records

Student records consist of those records, files, documents and other materials intended for school

use which contain information directly related to a student presently or previously enrolled in Marlin ISD.

A record is defined as any information recorded in any way, including but not limited to handwriting,

print, computer media, video or audio tape, film, microfilm and microfiche;

2. Collection and Maintenance

Referral data is compiled as a function of the regular education referral process. Original copies of

all documentation are maintained in an audit folder located in a secure, locked location in the Special

Education Department of Marlin Independent School District. With the exception of documents related to

psychological, psychiatric, neurological and/or medical issues, copies of student records are located in a

campus folder and are available for review by professional staff listed on the access record.

3. Records Protection Guidelines

A signed release is required for records to be obtained from, or released to, any other private agency,

institution, professional individual, parent or adult student with the following exceptions, as allowed by

FERPA

To other schools to which a student is transferring (within 10 days after the request is received)

To school officials with legitimate educational interest

To specified officials for audit or evaluation purposes

To appropriate parties in connection with financial aid to a student

To organizations conducting certain studies on or on behalf of the school

To accrediting organizations

To comply with a judicial order or lawfully issued subpoena

To appropriate officials in cases of health and safety emergencies

To state and local authorities, within a juvenile justice system, pursuant to specific state law

Designated campus personnel, under the supervision of certified personnel knowledgeable in the

regulations governing the release of confidential records, are responsible for the release of personally

identifiable student information.

Records which may be released include

District-obtained psycho-educational test data and reports

District-obtained psychological data

Individual Education Programs

Full and Individual Evaluation reports

Other evaluative reports generated by Marlin ISD personnel or personnel contracted by Marlin

ISD

The Special Education Department will provide parents, upon request, with a list of the types and

location of education records collected, maintained, or used by the district.

Marlin ISD Special Education Operating Guidelines Page 29 Revised 10/20/2014

Marlin ISD will respond to a records request from a parent or adult student

Without unnecessary delay and within a reasonable period of time

Before any ARD Committee meeting

Before a resolution session

Before any due process hearing and

Not more than 45 days after the request is received

The district permits parents or adult students to inspect and review all education records related to the

identification, evaluation, educational placement and the provision of FAPE, if these records are

collected, maintained, or used by the district. The parent or adult student may view test protocols in the

presence of the appropriate assessment personnel.

The parent has authority to inspect and review records relating to his/her student unless Marlin ISD

has been advised that the parent does not have the authority under applicable state law governing such

matters as guardianship, separation or divorce.

Note: If any education record includes information on more than one student, the parents of the student

have the right to inspect and review only information related to their student or to be informed of that

specific information.

Upon written request from the parent or adult student, the Special Education Department will

provide copies of any records in the audit folder, and may charge 10 cents per page. When requested, the

fee must be waived if the fee would effectively prevent the parents from exercising their right to review

and inspect their student’s records.

Note: Copyright regulations prohibit the copying of any portion of a test protocol, with the exception of

the front page.

The Special Education Department requires that a record be maintained of any party obtaining

access to educational records collected, maintained, or used under the IDEA-Part B.

4. The Access Record

The access record should include

The name of the person or agency accessing the records

The date access was given

The purpose for which the person or agency is authorized to use the records

The access record is to be kept in the student’s audit folder which is at the student’s campus. The

district and school must keep a record of everyone (including parents and authorized employees of the

district) to whom it gives access to any student’s special education records.

If student records are maintained in the classroom, access records are required if the folders contain

personally identifiable information, such as an ARD Committee report, instructional modifications,

accommodations or any evaluation reports.

Students or previous students who are 18 years old or older have the right to review and secure their

confidential special education records. This right no longer belongs to the parents of the adult student

unless documentation of guardianship or conservatorship is presented.

Marlin ISD Special Education Operating Guidelines Page 30 Revised 10/20/2014

5. District/State Audit Folder Access List

Campus personnel are responsible for maintaining a current list of district staff members who are

allowed to access special education audit folders. Other individuals with a specific educational reason to

view student records should obtain permission from the student’s campus-based case manager and

complete an access record each time the student’s folder is viewed.

G. Disciplinary Records

TEA may require Marlin ISD to include in the records of a student with a disability a statement of

any current or previous disciplinary action that has been taken against the student and transmit the

statement to the same extent that the disciplinary information is included in, and transmitted with, the

student records of nondisabled students.

The statement may include a description of any behavior engaged in by the student that required

disciplinary action, a description of the disciplinary action taken and any other information that is relevant

to the safety of the student and other individuals involved with the student.

If the state adopts such a policy and the student transfers from one school to another, the

transmission of any of the student’s records must include both the student’s current IEP and any statement

of current or previous disciplinary action that has been taken against the student.

1. Process for Amending School Records

If a parent or adult student believes information in the student’s school records is inaccurate or

misleading or violates the student’s privacy or other rights, he/she can request that the district amend the

records. The parent or adult student should contact the Marlin ISD Special Education Department to

request such an amendment. After investigation of the records and the parent’s claim, if the district

decides not to amend, the Special Education Department will inform the parent of the right to a hearing

which is carried out under the hearing provisions of The Family Education Rights and Privacy Act

(FERPA).

If, as the result of a hearing, the district determines that the information is not inaccurate, misleading

or otherwise in violation of the privacy or other rights of the student, Marlin ISD must inform the parent

of his/her right to place a statement commenting on the information or setting forth any reasons for

disagreeing with Marlin ISD’s decision in the student’s record. This statement must remain in the

student’s folder as long as the record or contested portion of the record is maintained. If the student’s

records or the contested portion of the record is disclosed by Marlin ISD to any party, the parent’s

statement must also be disclosed.

Note: If the parent revokes consent in writing for their student’s receipt of special education services after

the student is initially provided with special education services, Marlin ISD is not required to amend the

student’s education records to remove any references to the student’s receipt of special education and

related services.

2. Transmittal of Records for Students Committing a Crime

When Marlin ISD reports a crime committed by a student with a disability, Marlin ISD must ensure

that copies of the special education and disciplinary records of the student are transmitted for

consideration by the appropriate authorities, to the extent that transmission is permitted by FERPA.

Marlin ISD Special Education Operating Guidelines Page 31 Revised 10/20/2014

Consent will be requested by the parent or eligible student. If consent is not provided, the records will not

be transmitted to the authorities.

3. Destruction of Special Education Records

The destruction of district records is the sole responsibility of the Special Education Department.

Documents containing personally identifiable information (Social Security number, date of birth, home

address, etc.) must be securely destroyed.

District employees are expected to maintain the records in their care and carry out the preservation,

microfilming, destruction, or other disposition of the records in accordance with the policies and

procedures of the district's records management program.

The District shall inform parents when personally identifiable information collected, maintained, or

used to provide special education and related services is no longer needed to provide educational services

to the student. Such information shall be destroyed at the request of the parents. Marlin ISD may,

however, maintain a permanent record of a student’s name, address and phone number, his/her grades,

attendance record, classes attended, grade level completed and year completed, for an unlimited amount

of time.

Destruction means physical destruction or removal of personal identifiers.

Education records means the type of records identified by FERPA.

Personally identifiable means information that contains

The name of the student, the parent or other family member

The address of the student

A personal identifier, such as the student’s social security number or student number or

A list of personal characteristics or other information that would make it possible to identify the

student with reasonable certainty

H. Dispute Resolution

From time to time, disputes arise between a parent and Marlin ISD relating to identification,

evaluation or educational placement or the provision of a free appropriate public education to a student

with a disability.

It is the policy and intent of Marlin ISD to encourage and support 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

Meeting or conference with the student’s teachers

ARD Committee meeting

Meeting or conference with campus administrator(s) and/or the director of special education.

Request for mediation through the Texas Education Agency (TEA)

Filing of a complaint with the TEA

Request for a due process hearing through the TEA

Note: Upon the filing of a request for a due process hearing, the parent and the district will also be

provided with an opportunity to resolve the dispute through the TEA mediation process.

Marlin ISD Special Education Operating Guidelines Page 32 Revised 10/20/2014

1. IEP Facilitation

Beginning with the 2014-2015 school year, if Marlin ISD chooses to use IEP facilitation as an alternative

dispute resolution method, the district must provide information to the parents regarding the IEP facilitation

process. The information (a) must include a description of any applicable procedures for requesting facilitation,

(b) must be provided in either written or electronic format and (c) must be included with other information

provided to the parent.

IEP facilitation must be voluntary on the part of the participants, must be provided at no cost to the parent and

may not be used to deny or delay the right to pursue a special education compliance mediation or due process

hearing in accordance with federal law.

The district may determine whether to use (a) independent contractors, (b) district employees or (c) other

qualified individuals as facilitators.

2. TEA Complaint Procedures

Upon receipt of a complaint, the Texas Education Agency must, within 60 days after the complaint is

filed,

Carry out an independent on-site investigation, if needed

Give the complainant an opportunity to submit additional information, either orally or in writing,

about the allegations in the complaint

Provide Marlin ISD with the opportunity to respond to the complaint, including, at a minimum

At the discretion of Marlin ISD, a proposal to resolve the complaint and

With the consent of the parent, an opportunity for Marlin ISD to engage the parent in

mediation or alternative means of dispute resolution

Review all relevant information and make an independent determination as to whether Marlin ISD

is violating a requirement of IDEA-Part B and

Issue a written decision to the complainant that addresses each allegation in the complaint and

contains findings of fact, conclusion and the reasons for the final decision

A time extension is permitted only if

Exceptional circumstances exist with respect to a particular complaint OR

The parent and Marlin ISD agree to extend the time to conduct the activities described above

Procedures for effective implementation of TEA’s final decision may include, as needed,

Technical assistance activities

Negotiations and

Corrective actions to achieve compliance

If a written complaint is received that is also the subject of a due process hearing, TEA must set aside

the complaint until the due process complaint has been investigated and resolved.

If an issue raised in a complaint has previously been decided in a due process hearing involving the

same parties, the due process hearing decision is binding on that issue. TEA will notify the complainant

that the due process decision is binding.

a) Filing a Complaint

An organization or individual may file a signed complaint. The complaint must include

A statement that Marlin ISD has violated a requirement of IDEA-Part B

Marlin ISD Special Education Operating Guidelines Page 33 Revised 10/20/2014

The facts on which the statement is based

The signature and contact information for the complainant and

If alleging violations against a specific student

The name and address of the student’s residence

The name of the school the student is attending

In the case of a homeless student or youth, available contact information for the student

and the name of the school the student is attending

A description of the nature of the problem, including facts related to the problem and

A proposed resolution of the problem to the extent known and available to the party at the

time the complaint is filed.

The complaint must allege that a violation occurred no more than one year prior to the date the

complaint is filed.

Note: Additional information on filing a complaint is available at:

http://www.tea.state.tx.us/special.ed/medcom/compinfo.html

3. Due Process Complaints

Due process complaints related to identification, evaluation or educational placement of a student with

a disability or the provision of FAPE to the student must allege a violation that occurred no more than one

year before the date the parent or Marlin ISD knew or should have known about the alleged action that

forms the basis of the due process complaint.

The timeline described above does not apply to a parent if the parent was prevented from filing a due

process complaint due to

Specific misrepresentations by Marlin ISD that it had resolved the problem forming the basis of

the due process complaint or

Marlin ISD’s withholding of information from the parent that is required to be provided to the

parents

The party (or the attorney representing a party) filing the due process complaint must provide Marlin

ISD with a copy of the complaint. The contents of the complaint must remain confidential. The party

filing the complaint must also forward a copy of the complaint to TEA.

Note: Parents of parentally placed private school students may utilize the due process procedure only for

complaints related to student find and evaluation.

a) Contents of Due Process Complaint

The due process complaint must include:

The name of the student

The address of the student’s residence

The name of the school the student is attending

In the case of a homeless student or youth, available contact information for the student and the

name of the school the student is attending

A description of the nature of the problem of the student related to the proposed or refused

initiation or change, including facts related to the problem and

A proposed resolution of the problem to the extent known and available to the party at that time

Marlin ISD Special Education Operating Guidelines Page 34 Revised 10/20/2014

Note: A party may not have a hearing on a due process complaint or engage in a resolution session until

the party or the attorney representing the party files a due process complaint that meets the requirements

described above.

b) Sufficiency of Complaint

The due process complaint must be deemed sufficient unless the party receiving the complaint

notifies the hearing officer and the other party in writing, within 15 days of receipt of the

complaint that the receiving party believes the due process complaint does not meet the

requirements described above.

Within 5 days of receipt of this notification, the hearing officer must determine whether the due

process complaint meets the requirements and must immediately provide the parties with written

notification of that determination.

A party may amend its due process complaint only if

The other party consents in writing to the amendment and is given the opportunity to

resolve the due process complaint through a resolution meeting.

The hearing officer grants permission no later than five days before the due process

hearing begins.

If a party files an amended due process complaint, the timelines for the resolution meeting and the

time period to resolve begin on the date the amended complaint was filed

4. Resolution Meeting

Within 15 days of receiving notice of the parent’s due process complaint and prior to the initiation of a

due process hearing, Marlin ISD must convene a meeting with the parents and the relevant members of

the ARD Committee who have specific knowledge of the facts identified in the due process complaint that

Includes a representative of Marlin ISD who has decision-making authority for the district

May not include an attorney of Marlin ISD unless the parent is accompanied by an attorney

The purpose of the meeting is for the parents to discuss their due process complaint and the facts

that form the basis of the due process complaint, so that Marlin ISD has the opportunity to resolve

the dispute.

The meeting need not be held if

The parents and Marlin ISD agree in writing to waive the meeting or

The parents and Marlin ISD agree to use the mediation process

a) Resolution Period

If Marlin ISD has not resolved the due process complaint to the satisfaction of the parents within

30 days of the receipt of the due process complaint, the due process hearing must occur.

The timeline for issuing a final decision begins at the expiration date of this 30-day period.

Unless the parties jointly agree to waive the resolution process or to use mediation, the failure of a

parent filing a due process complaint to participate in the resolution meeting will delay the

timelines for the resolution process and due process hearing until the meeting is held.

Marlin ISD Special Education Operating Guidelines Page 35 Revised 10/20/2014

b) Written Settlement Agreement

If a resolution for the dispute is reached at the resolution meeting, Marlin ISD and the parents must

execute a legally binding agreement that is (a) signed by both the parent and a representative of Marlin

ISD who has the authority to bind the district and (b) enforceable in any state court of competent

jurisdiction or a district court of the United States. If the parent and Marlin ISD execute an agreement,

either party may void the agreement within three (3) business days of the agreement’s execution.

5. Mediation

Marlin ISD must ensure that procedures are established and implemented to allow parties to disputes

involving any matter, including matters arising prior to the filing of the due process complaint, to resolve

disputes through a mediation process.

a) District Procedures

The district’s procedures must ensure that the mediation process

Is voluntary on the part of the parties

Is not used to delay a parent’s right to a hearing on his/her due process complaint or to deny any

other rights afforded under IDEA-Part B

Is conducted by a qualified and impartial mediator who is trained in effective mediation

techniques

b) TEA Responsibilities

TEA maintains a list of individuals who are qualified mediators and knowledgeable in laws and

regulations relating to provision for Special Education and related services.

TEA must select mediators on a random, rotational or other impartial basis.

TEA is responsible for costs associated with the mediation process, including the costs of

conducting mediation meetings.

Each session in the mediation process must be scheduled in a timely manner and must be held at a

location convenient to both parties.

Note: Mediation participants may be required to sign a confidentiality pledge prior to the beginning of the

mediation to ensure all discussions that occur during mediation remain confidential.

c) Mediator Qualifications

An individual who serves as a mediator (a) may not be an employee of TEA or Marlin ISD that is

involved in the education or care of the student and (b) must not have a personal or professional interest

that compromises the person’s ability to be objective in making decisions.

Note: A person who otherwise qualifies as a mediator is not considered to be an employee of Marlin ISD

or TEA because he/she is paid to serve as a mediator.

d) Mediation Agreements

If the parties resolve a dispute through the mediation process, the parties must execute a legally

binding agreement that

States all discussions that occurred during the mediation process will remain confidential

and may not be used as evidence in any subsequent due process hearing or civil proceeding

arising from that dispute AND

Marlin ISD Special Education Operating Guidelines Page 36 Revised 10/20/2014

Is signed by both the parent and a representative of Marlin ISD who has the authority to

bind the district

A written, signed mediation agreement is enforceable in any state court of competent jurisdiction

or in a district court of the United States.

Note: Additional information on the mediation process is available at:

http://www.tea.state.tx.us/special.ed/medcom/medinfo.html.

6. Due Process Hearing

A parent or Marlin ISD must request a due process hearing within one year of the date the parent or

Marlin ISD knew or should have known about the alleged action that forms the basis of the due process

complaint.

The timeline described above does not apply to a parent if the parent was prevented from filing a due

process complaint due to

Specific misrepresentations by Marlin ISD that it had resolved the problem forming the basis of

the due process complaint or

Marlin ISD’s withholding of information from the parent that is required to be provided to the

parents

A request for a due process hearing must be submitted in writing and must be filed (by mail, hand-

delivery or facsimile) with the TEA Office of Legal Services, Special Education Docket Administrator,

1701 North Congress Avenue, Austin, TX 78701 (Fax: 512-475-3662). The request shall be deemed as

filed only when actually received by the office responsible for legal services at TEA. TEA has developed

a model form that may be used by a parent to initiate a due process hearing. The form is available at:

http://www.tea.state.tx.us/special.ed/pubs/doc/dpf-eng.doc.

Note: During the time that a due process hearing is pending, the student shall remain in the last agreed

upon educational placement unless (a) the parents and district agree to another placement or (b) the

student has been removed to an interim alternative educational setting due a violation of the student code

of conduct.

The party requesting the due process hearing may not raise issues in the hearing that were not

raised in the due process complaint.

If the request of a due process hearing does not specify the issues to be heard and the relief

requested, the hearing officer shall require the complainant to supplement the request, orally or in writing,

to clarify the issues to be addressed at the hearing and the relief sought by the complainant.

a) Hearing Rights

Whenever a due process complaint is filed, the parents or Marlin ISD must have an opportunity for an

impartial due process hearing.

Any party to a due process hearing or appeal has the right to

Be accompanied and advised by counsel or by an individual with special knowledge or training

with respect to the problems of the child. (In order to be qualified, a representative who is not an

attorney must have knowledge of special education laws and procedures, as determined by a

special education hearing officer. A person who is a former district employee and to whom a

district raises an objection could not serve as a representative.)

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Present evidence and confront, cross-examine and compel attendance of witnesses

Prohibit the introduction of any evidence at the hearing that has not been disclosed to the party at

least five business days before the hearing

Obtain a written, or, at the option of the parents, electronic, verbatim record of the hearing and

Obtain a written, or, at the option of the parents, electronic findings of fact and decisions

At least five business days prior to a hearing, each party must disclose to all other parties all

evaluations completed by that date and recommendations based on the offering party’s evaluations that

the party intends to use at the hearing.

A hearing officer may bar any party that fails to comply with the requirements above from introducing

the relevant evaluation or recommendation at the hearing without the consent of the other party.

Parents involved in the hearing must be given the right to

Have the student who is the subject of the hearing present

Open the hearing to the public and

Have the record of the hearing and the findings of fact and decisions provided at no cost

b) Hearing Officers

At a minimum, a hearing officer

Must not be

An employee of TEA or Marlin ISD that is involved in the education or care of the student

or

A person having a personal or professional interest that conflicts with the person’s

objectivity in the hearing

Must possess knowledge of and ability to understand the provisions, regulations and legal

interpretations of the IDEA-Part B

Must possess the knowledge and ability to conduct hearings in accordance with appropriate,

standard legal practice and

Must possess the knowledge and ability to render and write decisions in accordance with

appropriate, standard legal practice

Note: A person who is otherwise qualified to conduct a hearing is not considered to be an employee of the

agency solely because he/she might be paid by the agency.

Each due process hearing shall be conducted by an impartial hearing officer selected by TEA. The

hearing officer has the authority to

Administer oaths

Call and examine witnesses

Rule on motions, including discovery and dispositive motions

Determine admissibility of evidence and amendments to pleadings

Maintain decorum

Schedule and recess the proceedings

Make any other orders as justice requires including the application of sanctions as necessary to

maintain an orderly hearing process

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c. Pre-Hearing Procedures

The hearing officer will schedule a prehearing conference to be held at a time reasonably

convenient to the parent and Marlin ISD. The prehearing conference shall be held by telephone unless the

hearing officer determines that circumstances require an in-person conference.

The hearing officer shall ensure a written, or, at the option of either party, an electronic, verbatim

record of the conference is made.

The purpose of the prehearing conference shall be to consider the following:

Specifying and simplifying issues

Admitting certain assertions of fact or stipulations

Establishing any limitation of the number of witnesses and the time allotted for presenting each

party’s case and/or

Discussing other matters which may aid in simplifying the proceeding or disposing of matters in

controversy, including settling matters in dispute

Promptly upon the conclusion of the prehearing conference, the hearing officer will issue and deliver a

written prehearing order which identifies

The time, place and date of the hearing

The issues to be resolved at the hearing

The relief being sought at the hearing

The deadline for disclosure of evidence (Disclosure Deadline) and identification of witnesses

The date by which the final decision of the hearing officer shall be issued and

Other information determined to be relevant by the hearing officer

No pleadings, other than the request for hearing, are mandatory, unless ordered by the hearing officer.

Any pleadings after a request for a due process hearing shall be filed with the hearing officer. Copies of

all pleadings shall be sent to the hearing officer and to all parties of record.

Discovery methods shall be limited to those specified in the Administrative Procedure Act (APA),

Texas Governmental Code, Chapter 2001, and may be further limited by order of the hearing officer.

Upon a party’s request, the hearing officer may issue subpoenas and commissions to take depositions

under the APA. The subpoenas and commissions shall be issued in the name of the TEA.

On or before the Disclosure Deadline, each party must disclose and provide to all other parties and the

hearing officer copies of all evidence that the party intends to use at the hearing. An index of all the

documents disclosed must be included with and accompany the documents. Each party must also include

with the documents a list of all witnesses that the party anticipates calling to testify.

A party may request a dismissal or nonsuit of a due process hearing to the same extent that a plaintiff

may dismiss or nonsuit a case under Texas Rules of Civil Procedure, Rule 162. However, if a party

requests a dismissal or nonsuit after the Disclosure Deadline has passed and, within one year, requests a

subsequent due process hearing involving the same or substantially similar issues, then, absent good cause

or unless the parties agree otherwise, the Disclosure Date for the subsequent due process hearing shall be

the same as was established for the hearing that was dismissed or nonsuited.

d. Hearing Procedures

The hearing officer shall set the dates in accordance with the federal law.

Each hearing shall be conducted at a time and place that are reasonably convenient to the parents

and student involved.

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All persons in attendance shall comport themselves with the same dignity, courtesy and respect

required by district courts. All arguments shall be made only to the hearing officer.

Except as modified or limited by federal regulations, the Texas Rules of Civil Procedures shall

govern the proceedings at the hearing and the Texas Rules of Evidence shall govern evidentiary

issues.

Before a document may be offered or admitted into evidence, the document must be identified as

an exhibit of the party offering the document. All pages within the exhibit must be numbered and

all personally identifiable information must be removed from the exhibit.

The hearing officer may set reasonable time limits for presenting evidence.

Upon request, the hearing officer, at his/her discretion, may permit testimony to be received by

telephone.

Granting of a motion to exclude witnesses from the hearing room shall be at the hearing officer’s

discretion.

Hearings shall be closed to the public unless the parent requests an open hearing.

The hearing shall be recorded and transcribed by a certified court reporter, who shall immediately

prepare and transmit a transcript to the hearing officer with copies to each of the parties. The

hearing officer shall instruct the reporter to delete all personally identifiable information from the

transcription.

Filing of post-hearing briefs shall be permitted only upon order of the hearing officer.

The hearing officer shall issue a final decision, signed and dated, no later than 45 days after 30

days from the time TEA received the request for hearing, unless the deadline for a final decision

has been extended by the hearing officer. A final decision must be in writing and must include

findings of fact and conclusions of law separately stated. Findings of fact must be based

exclusively on the evidence presented at the hearing. The hearing officer must mail the final

decision to each party. The hearing officer, at his/her discretion, may render his/her decision

following the conclusion of the hearing, to be followed by written findings of fact and written

decision.

At the request of either party, the hearing officer shall include, in the final decision, specific

findings of fact regarding

Whether the parent or Marlin ISD unreasonably protracted the final resolution of the issues

in controversy (In making a finding, the hearing officer shall consider the extent to which

each party had notice of, or opportunity to, resolve the issues presented at the due process

hearing prior to the date on which the hearing was requested.)

If the parent was represented by an attorney, whether the parent’s attorney provided Marlin

ISD with the appropriate information in the due process complaint

A hearing officer may grant an extension of time for good cause beyond the 45-day period at the

request of either party. Any such extension shall be granted to a specific date and shall be stated in

writing.

The decision issued by the hearing officer is final except that any party aggrieved by the findings

and decisions made by the hearing officer, or the performance thereof by any other party, may

bring a civil action with respect to the issues presented in the due process hearing in any state

court of competent jurisdiction or in a district court of the United States.

Marlin ISD shall implement any decision of the hearing officer that is, at least in part, adverse to

the school district, in a timely manner within ten school days after the date the decision was

rendered. Marlin ISD must provide services ordered by the hearing officer, but may withhold

reimbursement during the time the case is being appealed.

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e. Expedited Due Process Hearing Procedures

An expedited due process hearing shall be governed by the same rules as due process hearings, except that

the final decision of the hearing officer must be issued and mailed to each of the parties no later than 45

days after the date for the expedited hearing is received by TEA, without exceptions or extensions.

f. Hearing Decisions

A hearing officer must make a decision on substantive grounds based on a determination of

whether the student received FAPE.

In matters alleging a procedural violation, a hearing officer may find that a student did not receive

FAPE only if the procedural inadequacies

Impeded the student’s right to a FAPE

Significantly impeded the parents’ opportunity to participate in the decision-making

process regarding the provision of a FAPE

Caused a deprivation of educational benefit

The hearing officer has the authority to order an LEA to comply with procedural requirements

outlined in the federal regulations.

Marlin ISD must ensure that no later than 45 days after the expiration of the 30-day resolution

process period

A final decision is reached and

A copy of the decision is mailed to each of the parties

Marlin ISD, after deleting any personally identifiable information, must

Transmit the findings and decisions to the state advisory panel

Make those findings available to the public.

The parent or Marlin ISD has the right to appeal the decision to federal district court or to state

district court. All appeals must be made no later than 90 days following the hearing officer’s final

decision.

The parent has the right to file a separate due process complaint on an issue separate from a due

process complaint already filed.

7. Civil Action

Any party aggrieved by the findings and decision who does not have the right to appeal under federal

regulations and any party aggrieved by findings and decisions made during the appeal process described

in federal regulations has the right to bring a civil action with respect to the request for a due process

hearing. The action may be brought in any state court of competent jurisdiction or in a district court of the

United States without regard to the amount in controversy.

The party bringing action shall have 90 days from the date of the decision of the hearing officer to file

a civil action. In any action described above, the court

Receives the records of the administrative proceedings

Hears additional evidence at the request of a party and

Basing the decision on the preponderance of evidence, grants the relief that the court determines to

be appropriate.

The district courts of the United States have jurisdiction of actions brought under IDEA-Part B

without regard to the amount in controversy.

Nothing in this part restricts or limits the rights, procedures and remedies available under the

Constitution, the Americans with Disabilities Act of 1990,Title V of the Rehabilitation Act of 1973 or

Marlin ISD Special Education Operating Guidelines Page 41 Revised 10/20/2014

other federal laws protecting the rights of students with disabilities, except that before the filing of a civil

action under these laws seeking relief that is also available under IDEA-Part B, the procedures described

in federal regulations must be exhausted to the same extent as would be required had the action been

brought under IDEA-Part B.

8. Attorney’s Fees

In any action or proceeding brought under procedural safeguards under IDEA-Part B, the court, in its

discretion, may award reasonable attorney’s fees as part of the costs

To the prevailing party who is the parent of a student with a disability

To TEA or Marlin ISD against the attorney of a parent who files a complaint or subsequent cause

of action that is frivolous, unreasonable or without foundation, or against the attorney of a parent

who continued to litigate after the litigation clearly became frivolous, unreasonable or without

foundation or

To TEA or Marlin ISD against the attorney of a parent, or against the parent, if the parent’s

request for a due process hearing or subsequent cause of action was presented for any improper

purpose, such as to harass, to cause unnecessary delay or to needlessly increase the cost of

litigation.

IDEA-Part B funds may not be used to pay attorneys’ fees or costs related to (a) any action or

proceeding pertaining to procedural safeguards and (b) an award of attorneys’ fees and related costs made

to a parent who is the prevailing party and who was substantially justified in rejecting the settlement offer.

A court awards reasonable attorneys’ fees under IDEA-Part B consistent with the following:

Fees awarded must be based on rates prevailing in the community in which the action or

proceedings arose for the kind and quality of services provided. No bonus or multiplier may be

used in calculating the fees awarded.

Attorneys’ fees may not be awarded and related costs may not be reimbursed in any action or

proceeding for services performed subsequent to the time of a written offer of settlement to a

parent if

The offer is made at any time more than 10 days before the trial begins or within 10 days

after the service of the offer, or, in the case of an administrative proceeding, at any time

more than 10 days before the proceeding begins

The offer is not accepted within 10 days and

The court or administrative hearing officer finds that the relief finally obtained by the

parents is not more favorable to the parents than the offer of settlement.

Attorneys’ fees may not be awarded relating to any meeting of the ARD Committee unless the

meeting is convened as a result of an administrative proceeding or judicial action, or at the

discretion of the state, for a mediation that is conducted prior to the filing of a request for due

process.

An award of attorneys’ fees and related costs may be made to a parent who is the prevailing party

and who was substantially justified in rejecting the settlement offer.

The court will reduce, accordingly, the amount of the attorneys’ fees if the court finds that

The parent or parent’s attorney, during the course of the action or proceeding,

unreasonably protracted the final resolution of the controversy

The amount of the attorneys’ fees otherwise authorized to be awarded unreasonably

exceeds the hourly rate prevailing in the community for similar services by attorneys of

reasonably comparable skill, reputation and expertise

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The time spent and legal services furnished were excessive considering the nature of the

action or proceedings or

The attorney representing the parent did not provide to Marlin ISD the appropriate

information in the due process request notice

The provisions above do not apply in any action or proceeding if the court finds that (a) the state

or local agency unreasonably protracted the final resolution of the action or proceeding or (b) there

is a violation of IDEA-Part B due process requirements.

9. Student Status During Proceedings

Except as provided for students placed in disciplinary interim alternative educational placements

(including JJAEP), during the pendency of any administrative or judicial proceeding regarding a request

for a due process hearing, unless TEA or Marlin ISD and the parents of the student agree otherwise, the

student involved in the complaint must remain in his or her current educational placement. The student

will remain in the disciplinary placement pending a hearing officer’s decision to remove the student from

that placement or the end of the disciplinary term, whichever occurs first.

If the complaint involves an application for initial admission to public school, the student, with the

consent of the parents, must be placed in the public school until the completion of all proceedings.

If the decision of the hearing officer in a due process hearing conducted by TEA or a state review

official in an administrative appeal agrees with the student’s parents that a change in placement is

appropriate, that placement must be treated as an agreement between TEA or Marlin ISD and the parents.

Marlin ISD Special Education Operating Guidelines Page 43 Revised 10/20/2014

Section 2: The Referral Process

A. Response to Intervention

Response to Intervention (RtI) is the practice of meeting the academic and behavioral needs of all

children through a variety of services consisting of the following key elements.

High-quality instruction and scientific, research-based, tiered interventions aligned with individual

need

Frequent monitoring of progress to make results-based academic and/or behavioral decisions and

Application of response data to important education decisions (such as those regarding placement,

intervention, curriculum and instructional goals and methodologies).

B. Child Find

It is the policy of Marlin ISD to ensure that all children with disabilities, including students with

disabilities who are homeless children or wards of the state and 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.

All students, ages 3-21 who are suspected of having a disability may be referred for evaluation.

Consideration of a student’s need for special education is initiated by a referral. School personnel, parents

or guardians, physicians, community agencies, or other appropriate individuals may initiate a referral for

special education evaluation. Referral of students for possible special education services is part of the

district’s overall regular education referral or screening system.

Prior to referral, students experiencing difficulties in the regular education setting should have

access to research based instructional interventions provided in the general education program. The

student’s response to those interventions is a critical component of information when a referral is

considered.

School personnel, the parent or legal guardian of the student, or another person involved in the

education or care of the student may initiate a request for a full and individual evaluation (FIE) through

the campus RTI/SST process.

Note: Any actions taken by the RTI/SST Team prior to the FIE (including Response to Intervention

activities) are considered a part of the pre-referral process.

Marlin ISD collaborates with Region 12 Education Service Center (ESC), the local Early

Childhood Intervention (ECI) program, local preschool providers and local private school providers in its

Child Find efforts. A copy of the TEA/ECI Memorandum of Understanding (MOU) is available at;

http://ritter.tea.state.tx.us/special.ed/mou/pdf/etmou.pdf

All campuses in Marlin ISD offer a comprehensive system of Child Find activities designed to

identify all individuals, ages 3-21, who may or may not attend school and who have a disability, as

defined by the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004). These

activities include, but are not limited to:

Providing public awareness brochures to inform citizens of educational opportunities available for

individuals with disabilities

Posting information to the Marlin ISD district website

Marlin ISD Special Education Operating Guidelines Page 44 Revised 10/20/2014

Conducting early childhood screenings

Marlin ISD’s Child Find process also includes

Children who are suspected of being a student with a disability and in need of special education,

even though they are advancing from grade to grade

Highly mobile children, including migrant children

Parentally-placed private school children with disabilities

Marlin ISD must locate, identify and evaluate all children with disabilities who are

enrolled by their parents in private, including religious, elementary and secondary schools

located within Marlin ISD attendance boundaries.

The child find process must be designed to ensure (a) the equitable participation of

parentally placed private school children and (b) an accurate count of those children.

The child find process must be completed in a time period comparable to that for other

students attending public schools in Marlin ISD.

Marlin ISD must consult with private school representatives and representatives of parents

of privately-placed private school children with disabilities regarding the child find

process, including (a) how parentally placed private school children suspected of having a

disability can participate equitably and (b) how parents, teachers and private school

officials will be informed of the process.

The cost of carrying out child find, including individual evaluations may not be considered

in determining if Marlin ISD has met its obligations related to proportionate share.

Note: Children who have previously received special education services and whose parents have

subsequently revoked consent for special education and related services should not be treated any

differently in the child find process than any other student, including a student who was determined

eligible and whose parent refused to provide initial consent for services.

C. Eligible Students

Children residing in the Marlin ISD or children who attend a private non-profit school located within

district boundaries that meet age requirements and are suspected of having a disability may be referred by

the RTI Collaborative Team for special education evaluation. Exceptions to this procedure must be

approved by the Marlin ISD Director for Special Education or designee.

1. Age Requirements

Services shall be made available from birth to students with visual or auditory impairments.

Services will be made available to other eligible students beginning on their third birthday.

Services shall be made available to all eligible students ages 3-21 as follows:

For school-age children, failure to respond to early intervening services must be documented by

the RTI Collaborative Team.

For school-age children, the suspected disability must be interfering with the student’s educational

progress, as measured by failure to respond to interventions, in order to warrant a referral.

Students who are not currently enrolled on a campus in Marlin ISD may also be referred by the

principal, designee of the student’s school/private school, physician, parent, etc.

Graduation with a regular high school diploma terminates a student’s eligibility to receive

services. An eligible 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

Marlin ISD Special Education Operating Guidelines Page 45 Revised 10/20/2014

2. Prohibition on Mandatory Medication

Marlin ISD may not require parents to obtain prescriptions for a student as a condition of attending

school, receiving an evaluation or receiving special education services. Teachers and school personnel

may consult with the parent, or student’s physician (after obtaining consent from the parent), in order to

share information regarding a student's academic, behavioral, emotional, and physical functioning in the

school setting or to discuss eligibility requirements for special education or related services. Marlin ISD

reserves the right under the Individuals with Disabilities Education Act (IDEA) to complete components

of evaluations for the disability of Other Health Impairment where Attention-Deficit/Hyperactivity

Disorder (ADHD) is the suspected disability. Such evaluations will be completed by appropriate

professionals including, but not limited to, Licensed Specialists in School Psychology and Licensed

Psychologists, whether employed part/full-time by Marlin ISD or retained on a contractual basis. The

multidisciplinary team that collects or reviews such data shall include a licensed physician.

D. Referrals for Specific Services

1. Adapted Physical Education (APE)

Regular physical education. Each student with a disability must be afforded the opportunity to

participate in the regular physical education program available to nondisabled children unless (a)

the student is enrolled full time in a separate facility or (b) the student needs specially designed

physical education, as prescribed in the student’s IEP.

Special physical education. If specially designed physical education is prescribed in a student's

IEP, Marlin ISD must provide the services directly or make arrangements for those services to be

provided through other public or private programs. Goals and objectives must be approved by the

ARD Committee.

Education in separate facilities. Marlin ISD is responsible for ensuring that a student with a

disability who is enrolled in a separate facility receives appropriate physical education services.

All students referred for adapted physical education evaluation must have an identified disability. The

request for an adapted physical education evaluation must be made by the RtI Collaborative Team upon

initial referral or by the student’s ARD Committee.

The special education evaluator will monitor the referral and forward the request for APE

screening/evaluation to the appropriate individual. A written report from adapted physical education

evaluation personnel will be made available for ARD Committee consideration and action.

2. Assistive Technology (AT)

Assistive Technology evaluation referrals are generally made by an ARD Committee after a Full and

Individual Evaluation (FIE) has been completed and reviewed.

FIE - The ARD Committee will review the recommendations from the FIE. Assistive Technology needs

will be discussed and consideration given to the competencies, strengths/weaknesses, and

recommendations from the evaluation report. If the student’s ARD Committee believes that an assistive

technology device is necessary or if an assistive technology device (such as a computer) needs to be

adapted to meet the student’s needs, the Technology team must be involved in this process.

Marlin ISD Special Education Operating Guidelines Page 46 Revised 10/20/2014

Students may be considered for an AT evaluation for a variety of reasons which may include, but are not

limited to

Significant health or physical needs

Lack of success of previous interventions (additional modifications, devices, etc.)

Parent request

Recommendations from AT staffing

The following procedures will be followed to ensure that the assistive technology (AT) needs of all

students receiving special education services are considered and appropriate services provided.

1. The campus staff will contact the AT Team to determine if devices and/or services that are

available to students in the general education or special education classes can be utilized to meet

the assistive technology needs of the student.

2. After campus staff has evaluated all available AT devices/services and has determined that

additional information is needed, a request for either assistive technology technical assistance or

an assistive technology evaluation can be considered.

AT technical assistance may be initiated at any time without convening an ARD

Committee meeting. During the technical assistance process, the Technology Team and

appropriate campus staff will collaboratively review student information to determine if

current interventions meet the student’s needs or if additional classroom interventions are

needed.

An AT evaluation must be requested through the student’s ARD Committee.

Completed requests for AT evaluations should be sent to the Director of Special

Education.

3. The results of an AT evaluation must be reviewed during an ARD Committee meeting. The ARD

Committee will review the assessment report and recommendations, if any.

4. The ARD Committee will notify the Director of Special Education if the Committee accepts the

AT assessment report recommendations.

5. The Director of Special Education and the Technology Team will coordinate with campus staff to

secure equipment needed to implement the recommendations of the ARD Committee.

6. Campus staff, with support from the Technology Team (as needed), is responsible for consistently

implementing strategies, providing training and collecting data regarding AT use/effectiveness.

7. Repair, maintenance and replacement of AT equipment are coordinated through the Director of

Special Education and the Technology Team. The team should be contacted regarding any

maintenance needs.

8. Marlin ISD provides continuous, ongoing training/staff development opportunities for teachers,

diagnosticians, speech-language pathologists and related services personnel. Training sessions

may be provided through Regional Educational Service Centers and other local/national

workshops, conferences and training institutes. Training topics may include legal issues related to

AT, AT devices and AT software.

ARD Committee recommendations for specific assistive technology devices and software will be logged

and tracked by campus Special Education staff to assure follow up occurs in ordering of material, any

training required, etc.

Marlin ISD Special Education Operating Guidelines Page 47 Revised 10/20/2014

3. Attention Deficit Disorder / Attention Deficit with Hyperactivity Disorder

If general education staff members believe the student may have ADD/ADHD, the following guidelines

should be followed when conferencing with the parent.

Discuss the educational needs with parent and identify possible instructional strategies.

Discuss possible need for referral to the RTI Collaborative Team –do not provide information on a

specific type of disability which is not your area of expertise and training, etc.

Provide parents with information regarding the RtI process.

Discuss other information, including the manner in which testing would be conducted (timelines, outcomes,

etc.).

It is requested that all OHI Disability Reports for the physician be coordinated through the District Director of

Special Education.

If the RTI Collaborative Team or the ARD Committee refers the student

Appropriate evaluation measures will be administered.

The Multidisciplinary Team (parent, referring teacher, special education teacher and diagnostician) will

meet to determine if the student meets criteria as a student with a Specific Learning Disability (SLD).

If the student qualifies as SLD, academic and behavior needs will be addressed at the ARD meeting.

If the student does not qualify as SLD, but appears to have an educational need and data indicate a

possibility of ADD or ADHD, the team may recommend that the Other Health Impaired (OHI) eligibility

be pursued.

If OHI eligibility is considered

Disability forms must be completed by a medical doctor.

The medical forms are for diagnosis only - Marlin ISD does not pursue medication.

If the parent has a doctor who knows the student and is willing to complete the required forms, that

avenue may be pursued.

The medical doctor is just one member of the multidisciplinary team.

Note: Remember that a student may be diagnosed by a physician as having ADD or ADHD but the

student may not necessarily have an educational need for special education services. Needs of some

students may be addressed by the local campus Section 504 committee or classroom strategies. If you

have any questions, contact the Director of Special Education.

4. Early Childhood Intervention (ECI)

ECI is a coordinated system of services available in every county within Texas for children birth

to age three with disabilities or developmental delays. ECI supports families in helping children with

disabilities or developmental delays reach potential through developmental services. ECI contracts with

local agencies and organizations through a funding application process.

ECI staff may include physical therapists, occupational therapists, speech and language therapists,

audiologists, educators, social workers, nurses, dieticians, psychologists, licensed professional counselors,

and early intervention specialists.

Marlin ISD Special Education Operating Guidelines Page 48 Revised 10/20/2014

The local ECI programs must identify, locate, and screen or evaluate all infants and toddlers, birth

through two years of age, who have or are suspected of having developmental delays.

ECI must notify Marlin ISD when a student residing in the Marlin ISD attendance area will reach

the age of eligibility for preschool services for children with disabilities. By the student’s second

birthday, ECI programs must notify the appropriate LEA child find personnel of the student’s birth date.

The notification must be written and include the following information: (a) student’s name (b)

parent/guardian name(s), (c) address, (d) telephone number(s) and (e) date of enrollment in ECI.

When an ECI program provides a referral to Marlin ISD less than 90 days prior to the student’s third

birthday, the ECI program must provide a written report stating the reason for the delay. The ECI program

must choose one of the reasons listed below for the delay.

Parent refused consent for referral less than 90 days before the student’s third birthday

The student was referred to ECI less than 90 days before the student’s third birthday or

ECI specific program reasons

5. Education Based Therapy (EBT)

Under the Individual with Disabilities Education Act (IDEA), occupational and/or physical therapy

services are related services that are provided to students when such services, as determined through

evaluation, are required to allow the student to benefit from special education programming.

Intervention in the educational setting is provided to help the student achieve his/her learning and

participation goals as stated in the IEP. Intervention in the educational setting is not provided to remedy

dysfunction. Campuses are responsible for those services necessary for the student to benefit from his/her

special education program.

The district Diagnostician/LSSP monitors potential OT/PT referrals, including transfer cases and is

responsible for ensuring that notice and consent forms are completed by the parents.

The district Diagnostician/LSSP submits the following documents to the Director of Special

Education when a student is referred:

Notice and Consent for a Full and Individual Evaluation

Teacher information, parent information, etc.

OT/PT Referral Checklist (completed by parent, teacher, counselor, diagnostician, etc.

OT/PT Physician Approval (obtained by OT/PT staff)

Note: Teachers, parents, physicians and others may initiate referral requests through the evaluation

process and/or the student’s ARD Committee.

a) Occupational Therapy

Occupational therapy services include

Screening/administering evaluation for consideration of occupational therapy

Completing a written evaluation report that includes recommendations

Obtaining initial physician approval/release for services and every three years following the initial

approval/release or as a student’s diagnosis warrants

Marlin ISD Special Education Operating Guidelines Page 49 Revised 10/20/2014

b) Physical Therapy

Physical therapy services include

Screening/administering evaluation for consideration of physical therapy

Completing a written evaluation report that includes recommendations

Obtaining initial and annual physician for continuation of services for eligible students.

c) Description of Therapy Services

Consult - A consult is conducted when an FIE is in process and there is a question as to whether

an OT or PT evaluation is needed to ensure a full FIE.

Evaluation - After consent for evaluation has been obtained, the therapist will evaluate and

observe the student in the educational environment. Standardized tests, classroom/school observations,

profiles and developmental checklists may be used to gather information. The evaluation will address and

analyze areas that affect the student’s ability to access and benefit from instruction. The following areas

are included in the evaluation:

Mobility/Gross Motor

Self-care Skills

Management of Instructional Tools/Fine Motor

Recommendations - The therapist will complete the evaluation and make appropriate

recommendations. Educational setting and services will be determined by the student’s individual needs.

E. Extended School Year (ESY)

Extended School Year services (ESY) are individualized instructional programs beyond the

regular school year for eligible students with disabilities. Services are provided in accordance with the

student’s IEP at no cost to parents.

The need for ESY must be determined on an individual student basis by the ARD Committee. In

determining the need for and in providing ESY, the district does not:

Limit ESY to particular categories of disability or

Unilaterally limit the type, amount or duration of ESY services.

The need for ESY must be documented by the teacher or service provider using baseline, regression

and recoupment data for critical skill areas. Each year, teachers receive a calendar that includes dates

related to the collection of this data. The data is analyzed to determine the need for extended school year

services and the amount/type of services to be provided. If there is no data or documentation, the student

will not be eligible for ESY services.

1. Critical Skill Areas

Critical skill areas are usually defined as communication skills, self-help skills and social/behavioral

skills. The loss of these skills may result in placement in a more restrictive instructional environment, loss

of access to community-based independent living skills, loss of self-sufficiency or loss of on-the-job

training or productive employment.

Marlin ISD Special Education Operating Guidelines Page 50 Revised 10/20/2014

2. Baseline Data

Baseline data are collected on IEP objectives that address the critical skill areas. These data are collected

before a significant break in instructional services. For example, baseline data are collected before

summer break, winter break and spring break.

3. Regression Data

Regression data are collected on the same IEP objectives for which baseline data were collected. These

data are collected within a week of the student’s return to school following a significant break in

instructional services.

4. Recoupment Data

Recoupment data are a critical component of the ESY “data triad”. The exact timeframe for collecting

recoupment is dependent upon the length of the break in instructional services. The longer the break, the

longer the amount of time allowed for recoupment of the skills.

5. Students with Autism/Autism Spectrum Disorder

For students who are eligible for services due to autism/autism spectrum disorders, ESY must be

addressed at each annual ARD. If the annual ARD occurs before the district has had the opportunity to

collect regression and recoupment data, the minutes should reflect that the student is currently not eligible

for ESY services. The minutes should note that regression/recoupment data will be collected throughout

the school year and, if the student has exhibited regression, the need for ESY services will be addressed in

an ARD held in the spring.

6. Students with Significant Behavioral Concerns

For students who exhibit significant behavioral concerns, such as aggression or self-injury and whose

classroom data/documentation indicate that he/she has difficulty in recouping skills following the

weekend, these data may be used to determine the need for ESY.

7. Other Information Concerning ESY Determination

For students enrolling in Marlin ISD during the school year, information obtained from the prior

school district as well as information collected during the current year may be used to determine the need

for ESY. For students enrolling in Marlin ISD from an ECI agency, information from the ECI agency and

the Individualized Family Service Plan (IFSP) may be used to determine the need for ESY.

The provision of ESY is limited to the educational needs of the student and shall not supplant or

limit the responsibility of other public agencies to continue to provide care and treatment services

pursuant to policy or practice, even when those services are similar to, or the same as, the services

addressed in the student’s IEP. No student shall be denied ESY because the student receives care and

treatment services under the auspices of other agencies.

F. Homebound Instruction

The initial referral process for homebound begins by securing homebound forms. Medical forms must be

completed by a medical doctor licensed in the state of Texas. Psychiatric forms must be completed by a

psychiatrist licensed in the state of Texas. The referral packet consists of the following forms:

Request for Homebound Services form

Medical Referral form or Psychiatric Referral form

Marlin ISD Special Education Operating Guidelines Page 51 Revised 10/20/2014

Parental Agreement Form

Consent to Release, Request and/or Share Confidential Records/Information with medical

personnel

Completed forms, with original signatures, should be sent to the special education office via the school

nurse or the doctor may fax them directly.

1. Special Education Homebound

Any student who is placed in the special education homebound instructional arrangement/setting must

meet the following four criteria:

The student must be eligible for special education and related services as determined by an ARD

Committee.

The student is expected to be confined at home or hospital bedside for a minimum of four weeks due

to a medical condition. The weeks need not be consecutive.

The student’s medical condition is documented by a physician licensed to practice in the United

States.

The student’s ARD Committee determines the amount of services to be provided to the student in this

instructional arrangement/setting.

Parents or guardians are responsible for contacting the homebound teacher to share new medical

developments.

Note: In making eligibility and placement decisions, the student’s ARD Committee must consider the

physician’s information. However, the physician’s note/information should not be the sole factor in

determining the need for special education homebound services.

G. In-Home/Community-Based Training

In-home and community-based training (IH-CBT) is a service that must be considered as one of

the eleven strategies for autism eligibility under TAC §89.1055(e). IH-CBT is used to generalize, home-

to-community and community-to-home. This is not an automatic service for a student with autism

spectrum disorder. The process for identifying the need for in-home and community-based trainings and

the level of intervention necessary appears below.

1. Step 1: Identify Need

At each annual ARD Committee meeting, the student’s ARD Committee considers the following criteria

when determining the need for in-home/community-based training or viable alternatives.

If current data indicate that the student (a) has generalized targeted social/behavioral skills or (b)

has not generalized the targeted skills in at least one setting, the student’s, in-home and

community-based training or viable alternatives are not indicated at this time.

If current data indicate that targeted social/behavioral skills have not been generalized across

settings, parents/guardians will be provided with in-home and community-based training or viable

alternatives.

Marlin ISD Special Education Operating Guidelines Page 52 Revised 10/20/2014

2. Step 2: Identify/Provide Interventions

If the ARD Committee determines that in-home/community based training or viable alternatives are

needed, a description of the Tier I interventions and other interventions to be provided for the student will

be included in the ARD Committee minutes. No entry will appear on the schedule of services page. A

summary of the specific steps appears below.

Tier I Interventions will be provided by the classroom teacher or paraprofessional and will include

the following components:

1. Data collection

Parent/guardian survey

Baseline data regarding behaviors not generalized

2. Implementation of campus-based interventions or viable alternatives

Implemented for 6 to 9 consecutive weeks

Examples include

Visual schedules

Toilet training schedule, including visual supports

Communication system that mirrors system used in classroom

Behavior folder

Copies of social scripts

Use of first/then system

Development of positive behavior support system for use in the home/community

Identification of reinforces

3. Data analysis

Completed after 6 to 9 consecutive weeks

Compare baseline data to current data

Disseminate and collect parent/guardian questionnaire

4. Decision-making

If data indicate that Tier I interventions are effective in helping the student generalize a

previously learned social/behavioral skill, continue current strategies/viable alternatives

and monitor student progress.

If data indicate that Tier I interventions are ineffective, proceed to the Tier II intervention

process, as described below.

Tier II Interventions are more intrusive/intensive and are provided by an in-

home/community-based trainer at an off-campus location. Information regarding frequency

and location(s) of visits is entered on the student’s Schedule of Services page in the IEP.

The specific social/behavioral objective(s) to be addressed are described in the minutes. A

summary of the specific steps appears below.

1. An ARD Committee meeting is held and all relevant data are discussed.

Documentation may include some or all of the following:

IEP goals and objectives

Functional Behavior Assessment/Behavior Intervention Plan

Information from parent questionnaire(s)

Anecdotal notes from teacher

Office referrals

Incident reports

2. Information regarding amount of time, frequency of visits and location for in-

home/community based training is recorded on the student’s schedule of services page.

Marlin ISD Special Education Operating Guidelines Page 53 Revised 10/20/2014

A trainer will be assigned.

The trainer and the student’s parent/guardian will spend equal amounts of time (a)

observing the student’s performance and (b) assisting the student in learning the

targeted social/behavioral skill(s).

Each visit will be documented and signed by the parent/guardian and the trainer.

A copy of the documentation will be submitted to the Director of Special Education

by the 5th

day of each month.

3. Step 3: Assess Effectiveness

At the conclusion of the time period recommended by the student’s ARD Committee, the effectiveness of

the intervention will be analyzed to determine whether services should be continued, discontinued or

revised. The following steps summarize the process.

The In-Home/Community-Based Trainer prepares a final summary of progress, reviews the

summary with the student’s parent/guardian and obtains the parent/guardian’s signature.

The In-Home/Community-Based Trainer submits the final summary of progress to the student’s

case manager to be reviewed at the next ARD Committee meeting.

If progress has been made, the student’s Tier II interventions will be discontinued. The student

will continue to receive Tier I interventions.

If no progress has been made, an ARD Committee meeting will be convened to review/revise the

student’s IEP.

H. Preschool Program for Children with Disabilities (PPCD)

At the beginning of each school year, Marlin ISD must have in effect an Individualized Education

Program (IEP) for children identified with disabilities, ages three through five.

Marlin ISD utilizes its Child Find process to locate, identify and evaluate children in the district

who are at least three years of age, but younger than six (6) years of age. Special education and related

services will be provided for eligible children with disabilities who participate in a PPCD program. PPCD

refers to the services provided by the school district and not the location where the services are provided.

1. Children Transitioning from Early Childhood Intervention (ECI) Programs

A time will be set aside monthly for the ECI service provider to schedule a transition planning

conference with a Marlin ISD representative and the parent(s) of a student served by ECI. A

planning conference can occur when the student is 27 months of age, but no later than 33 months

of age.

If the parent(s) do not attend a Transition Planning Conference but do desire their student to

transition to Marlin ISD for services, the ECI agency may provide referral information data to the

Marlin ISD Director of Special Education. The Director or designee will contact the parent in

order to initiate the referral.

Marlin ISD will complete the student centered process, including evaluation and ARD. A review

of existing evaluation data, timelines and referral requirements will be followed.

The special education office will receive referrals from an ECI agency no less than 90 days or no

more than 9 months prior to the student’s third birthday. When referrals are received less than 90

days before the student’s third birthday, the ECI agency should provide documentation of the

reason for the delay to the district’s Child Find office.

The Special Education staff will contact the parent to obtain the pertinent intake information

needed for the referral.

Marlin ISD Special Education Operating Guidelines Page 54 Revised 10/20/2014

An evaluation and the ARD process will be completed within the required timelines.

The ARD Committee will determine eligibility.

An IEP will be developed for students who meet eligibility requirements.

Eligible children who transition from Part C to Part B will receive services, as determined by the

ARD Committee, beginning on or by their third birthday, with parental consent for placement.

If an eligible student’s birthday occurs during the summer, the ARD Committee will determine the

date services under the IEP will begin.

2. Children Not Previously served by an Early Childhood Intervention Program (ECI)

1. Referrals may be initiated in a variety of ways. Parent/guardians, medical personnel or other

concerned individuals may make a referral to the Marlin ISD Special Education Department on

behalf of a student who is suspected of having a disability and who is in need of special education

services.

2. If Marlin ISD is contacted about a student, ages birth through two, with a suspected developmental

delay, the parent/guardian or other concern party will be referred to an ECI program within Marlin

ISD attendance boundaries.

3. For children referred between the ages of 2 years, 9 months and 5 years of age prior to September

1 of the current school year, Marlin ISD will complete the referral and evaluation process in a

timely manner by following the required initial evaluation timelines.

4. The Special Education staff will contact the parent by phone, obtain the information required for a

referral and complete the referral form. Information collected will include the parent’s concerns,

medical information, screening information and the results of any additional assessments the

student may have been administered.

5. A review of referral information by the Marlin ISD evaluation staff is utilized to identify

evaluation needs. The student’s case is assigned for evaluation based on the needs and the

suspected area of disability (developmental, communication, atypical behavioral).

3. Referrals for Children Attending Private/Nonpublic Schools

When a student voluntarily enrolled by his/her parents in a non-profit private school/home school is

referred for special education reevaluation/evaluation, all requirements concerning referral, evaluation and

determination of eligibility are applicable. Referrals will be completed for students who attend a non-

profit private elementary/secondary/home school within the boundaries of Marlin ISD, regardless of

where they reside.

Parents/guardians of private school children are responsible for:

Contacting the district’s special education office to initiate a referral for special education services

Providing any available documentation regarding the student’s suspected area of disability,

including samples of classroom work

Providing relevant information, information from the private school teacher and current

vision/hearing results to the campus SST chairperson

Local campus personnel are responsible for:

Using established procedures and forms for the referral of students from private/nonpublic

schools. This includes entering all documentation into the district’s data program for referrals

Meeting with the parent to gather all referral information (SST chairperson)

Contacting the evaluation case manager at the campus when the referral for special education

evaluation is initiated

Marlin ISD Special Education Operating Guidelines Page 55 Revised 10/20/2014

Note: The same evaluation timelines apply.

The district Diagnostician/LSSP is responsible for:

Using referral and evaluation information from the private school’s records to the maximum

extent possible (initial referrals)

Scheduling an ARD Committee meeting for all re-evaluations to REED for additional evaluations

Explaining the Procedural Safeguards and Notice and Consent for a Full and

Individual Evaluation to the parent

Obtaining parent signatures for all special education evaluations

Coordinating and/or administering recommended/additional evaluations with other

evaluators if needed

Convening the ARD Committee meeting to discuss evaluations and eligibility for

services

Scheduling an Individual Services Plan (ISP) for students who are eligible

H. Psychological Referral

1. Student is Currently Receiving Special Education Services

The ARD Committee will complete a Review of Existing Evaluation Data (REED) using both the

formal Full and Individual Evaluation (FIE) and informal evaluation from staff. The ARD

Committee may recommend additional psychological evaluations. An evaluator must be present at

the ARD Committee REED.

If psychological evaluation is recommended during the ARD Committee meeting, the minutes will

document the recommendation and the parent will receive the Notice and Consent for Evaluation.

If parents are not in attendance, the evaluator will coordinate the completion of the referral for

psychological evaluation and will be responsible for ensuring that the parent receives the Notice

and Consent for Evaluation.

The campus evaluator (diagnostician) will notify the Director of Special Education of the referral.

The Director of Special Education will contact the LSSP contracted by Marlin ISD to complete the

assignment.

The LSSP will conduct the evaluation, complete the written report, and inform the parent of

his/her findings.

An ARD Committee meeting to review the psychological evaluation will be scheduled.

2. Student is Not Currently Receiving Special Education Services

While working through the RTI/SST process, Marlin ISD recommends that the general education teacher

consults with the Director of Special Education or designee prior to making a referral. The general

education teacher will follow the RTI/SST process.

I. Students with Auditory or Visual Impairments, Birth through Age 2

Services for students with auditory or visual impairments, birth through 2, are coordinated with

Early Childhood Intervention (ECI) service providers. Services are provided under an Individual Family

Services Plan (IFSP) in lieu of an IEP.

Marlin ISD Special Education Operating Guidelines Page 56 Revised 10/20/2014

In collaboration with ECI, the district is required to document AI or VI impairment as defined by

19 TAC 89.1040. The district is also required to document service coordination and provision through

copies of IFSPs and progress reports.

Because services are provided only under IDEA-C guidelines, not IDEA-B, the district is not

required to (a) distribute Notice of Procedural Safeguards, (b) complete Part B referral packets, (c) obtain

consents, and (d) complete full and individual evaluations. Marlin ISD has the capacity to provide

services to the student throughout the year and to provide certified staff to determine eligibility and to

attend IFSP meetings. Marlin ISD provides Orientation and Mobility Specialists to evaluation and serve

eligible students who are visually impaired. Marlin ISD submits an annual registration for all visually

impaired and deaf-blind students.

J. Texas School for the Deaf (TSD)

Marlin ISD will annually provide each parent or person having lawful control of a student with

written information regarding the availability of programs offered by the Texas School for the Deaf, for

which the District’s students may be eligible. Contact information for TSD is made available to determine

eligibility requirements and admission conditions imposed by TSD. Rights of admission and the appeals

process may be obtained through this contact.

A student’s ARD Committee may place the student at the Texas School for the Deaf (TSD) in

accordance with federal/state regulations and other applicable rules. If the District representatives and

TSD disagree about placement, one or more members of Marlin ISD or TSD may seek resolution through

Texas Education Agency mediation procedures or through a due process hearing.

When a student’s ARD Committee places the student at TSD,

Marlin ISD will list those services in the student’s IEP that TSD can appropriately provide.

Marlin ISD will make an on-site visit to verify that TSD can and will offer the services

listed in the student’s IEP and to ensure that the school offers an appropriate educational

program for the student.

Marlin ISD will include in the student’s IEP the criteria and estimated timelines for

returning the student to Marlin ISD.

TSD will provide services to any eligible student with a disability for whom the TSD is an

appropriate placement if the student has been referred for admission by his/her parent or legal guardian, a

person with legal authority to act in place of the parent or legal guardian or the student, if the student is

age 18 or older. This referral can be requested at any time during the school year. If the referring

individual chooses TSD as the appropriate placement for the student rather than placement in Marlin ISD,

TSD will be responsible for ensuring that FAPE is provided to the student.

Note: For each student placed in a residential setting by the ARD Committee, including those placed in

the TSD, Marlin ISD will be responsible for providing transportation at the beginning and end of the term

and for regularly scheduled school holidays when students are expected to leave the residential campus.

Marlin ISD is not responsible for transportation costs for students placed in residential settings by their

parents/legal guardians. Transportation will be arranged using the most cost effective means. Marlin ISD

and TSD will coordinate to ensure that students are transported safely, including the periods of departure

and arrival.

Marlin ISD Special Education Operating Guidelines Page 57 Revised 10/20/2014

K. Texas School for the Blind and Visually Impaired (TSBVI)

Marlin ISD shall annually provide each parent or person having lawful control of a student with

written information regarding

The availability of programs offered by state institutions for which the district’s students may

be eligible

The eligibility requirements and admission conditions imposed by each of those state

institutions

The rights of students in regard to admission to those state institutions and in regard to appeal

of admissions decisions.

A student’s ARD Committee may place the student at the Texas School for the Blind and Visually

Impaired (TSBVI) in accordance with federal/state regulations and other applicable rules.

In the event that a student is placed at TSBVI by his or her ARD Committee, Marlin ISD shall be

responsible for ensuring that a free appropriate public education (FAPE) is provided to the student.

If representatives of the school district and representatives of TSBVI disagree with respect to a

recommendation by one or more members of the ARD Committee, representatives of Marlin ISD and

TSBVI may seek resolution through the mediation procedures adopted by the Texas Education Agency or

through a due process hearing.

When a student’s ARD Committee places the student at TSBVI

Marlin ISD will list those services in the student’s IEP that TSBVI can appropriately

provide.

Marlin ISD will make an on-site visit to verify that TSBVI can and will offer the services

listed in the student’s IEP and to ensure that the school offers an appropriate educational

program for the student.

Marlin ISD will include in the student’s IEP the criteria and estimated timelines for

returning the student to Marlin ISD.

Note: For each student placed in a residential setting by the ARD Committee, including those placed in

TSBVI, Marlin ISD will be responsible for transportation at the beginning and end of the term and for

regularly scheduled school holidays when students are expected to leave the residential campus. Marlin

ISD is not responsible for transportation costs for students placed in residential settings by their parents.

Transportation will be arranged using the most cost effective means. Marlin ISD and TSBVI will

coordinate to ensure that students are transported safely, including the periods of departure and arrival.

L. Limited English Proficient (LEP) Students

Marlin ISD will implement assessment procedures that differentiate between language proficiency

and handicapping conditions and shall establish placement procedures which ensure that placement in a

bilingual education or English as a second language program is not refused solely because the student has

a disability.

A professional member of the language proficiency assessment committee shall serve on the ARD

Committee of each limited English proficient student who qualifies for services in the special education

program.

Marlin ISD Special Education Operating Guidelines Page 58 Revised 10/20/2014

1. For All LEP (Limited English Proficient) Students

A current Language Proficiency Assessment Committee (LPAC) report (completed within the past

year) must be included with the RTI Collaborative Team/referral packet. The student should have been

tested in English and his/her native language, if possible

Referral information will include: (a) RTI Collaborative Team Summary (b) Initial referral information,

(c) LPAC report, (d) LAS scores or equivalent test, (e) amount of time in ESL and (f) completed copy of

the Home Language Survey.

When the packet is verified to be complete and accurate, the diagnostician/LSSP gives the packet

to the appropriate Marlin ISD Coordinator for review.

2. Speech Only Referrals for LEP Students (Language)

The language proficiency assessment (e.g., LAS, IDEA) should be considered with regard to the

following:

If the student is proficient in English and has a lower proficiency in his/her native language, the

normal procedures for the speech-language pathologist evaluations are followed.

If the student is proficient in his/her native language and not in English, typically this would not

be an appropriate referral. Once the student has been through the RTI Collaborative Team

process, the speech-language pathologist will write the evaluation report (using information from

the cumulative folder) and proceed to ARD.

If the student is not proficient in either language, he/she may be referred to the RTI Collaborative

Team or consult with the Marlin ISD Speech Language Pathologist or the Director of Special

Education before proceeding.

If the student is proficient in both languages, normal procedures in English may be followed (e.g., RTI

Collaborative Team meeting).

3. Speech Only Referrals for LEP Students (Articulation)

If the student is misarticulating English sounds that are different or not present in his/her native

language, speech therapy for articulation is not appropriate.

4. Other Referrals

Other referrals include referrals for eligibility as a student with a Specific Learning Disability,

Intellectual Disability or determining the levels of functioning in students with other eligibilities such as

Other Health Impaired, Autism/PDD, Traumatic Brain Injury, Visual Impairment, Auditory Impairment,

Deaf-Blind, Orthopedic Impairment, Speech Impairment, Emotional Disturbance, Non categorical Early

Student hood, etc.

The student’s native language and English language proficiency are considered when determining test

procedures.

If the student is English speaking only, proficient in English or more proficient in English than

his/her native language, then the standard RTI and referral process is followed and the student may

be tested in English only.

If the student is proficient in his/her native language, but not in English, the student should not be

referred for evaluation for a specific learning disability, until the student has had a minimum of

two (2) years of consistent instruction in English-speaking schools. If the student has had

consistent instruction for two (2) or more years in English-speaking schools, then the RTI

Marlin ISD Special Education Operating Guidelines Page 59 Revised 10/20/2014

Committee should request a bilingual evaluation and the student should be tested in English and

the student’s native language, as much as possible based on availability of formal or informal tests

in the student’s native language.

The language evaluation (e.g., LAS, IDEA) should be considered with regard to the following

If the student is proficient in English and less proficient in his/her native language, the usual

procedures for testing are followed.

If the student is proficient in his/her native language and not in English:

After completing the RTI Collaborative Team process, typically this student should not be

referred for evaluation to determine if he/she has a Specific Learning Disability.

A profile such as this is usually an indication that the student needs more time to learn English.

If a referral is made, the diagnostician/LSSP will write the FIE report (using information from

the cumulative folder) and proceed to ARD. If the student is to be considered for eligibility

due to a physical, intellectual or emotional disability, proceed with caution.

If the student is above proficient in both languages, normal procedures used for students whose

primary language is English may be followed (e.g., referral to RTI Collaborative Team).

5. For Students Not Proficient in Either Language

For students who are not proficient in either language, consideration should be given to the following:

Students who have attended English-speaking schools for less than two years should be given

careful consideration prior to referral.

If the student has received English instruction for two or more years and there is no evidence of

previous academic instruction in Spanish or another language, the Language Proficiency

Assessment Committee (LPAC) may recommend testing in English or testing with the use of an

interpreter.

If the student is not proficient in either language, the student may be referred to the RTI Collaborative

Team or, consult with the Marlin ISD Special Education Director before proceeding.

If the student is referred to the RTI Collaborative Team, the team should request a bilingual

assessment. The student should be tested in English and his/her native language, as much as possible

based on availability of formal or informal tests in the student’s native language.

Marlin ISD Special Education Operating Guidelines Page 60 Revised 10/20/2014

Section 3: Disability Categories

A. Overview

A student with a disability means a student evaluated as having an intellectual disability, a hearing

impairment (including deafness), a speech or language impairment, a visual impairment (including

blindness), a serious emotional disturbance, an orthopedic impairment, autism, traumatic brain injury or

other health impairment, a specific learning disability, deaf-blindness or multiple disabilities and who,

because of this/these disability/disabilities, needs special education and related services.

If a student is determined, through an appropriate evaluation, to have one of these disabilities, but

only needs a related service and not special education, the student is not a student with a disability.

If the related service required by the student is considered special education rather than a related

service under Texas standards, the student would be determined to be a student with a disability.

A student is eligible to participate in the Marlin ISD special education program if the student

meets age requirements and

Has a visual or auditory impairment that prevents him/her from being adequately or safely

educated in public school without the provision of specialized services or

Has one or more of the following disabilities that prevents the student from being adequately

or safely educated in public school without the provision of specialized services:

Intellectual disability

Emotional disturbance

Specific learning disability

Autism

Speech disability

Traumatic brain injury

B. Auditory Impairment

1. Definition

A student with auditory impairment is one who has been determined to have a serious hearing loss

even after corrective medical treatment or use of amplification.

Deafness means a hearing impairment that is so severe that the student is impaired in processing

linguistic information through hearing, with or without amplification that adversely affects the student’s

educational performance.

Hearing impairment means impairment in hearing, whether permanent or fluctuating, that

adversely affects a student’s educational performance, but that is not included under the definition of

deafness.

2. Required Eligibility Forms

FIE (including present levels of academic achievement and functional performance for

students who are eligible)

Auditory Impairment (Part A) – Otological Examination, sent to otologist by special education

evaluator (If the otologist determines that the student does not have a significant hearing loss

Marlin ISD Special Education Operating Guidelines Page 61 Revised 10/20/2014

with the use of amplification, the student is not eligible as AI. If “No” is checked, call the

otologist and discuss.)

Auditory Impairment (Part B) – Audiological Evaluation, sent to a licensed audiologist by the

special education evaluator (The evaluation data shall include a description of the implications

of the hearing loss for the student’s hearing in a variety of circumstances with or without

recommended amplification.)

Auditory Impairment (Part C) – Communication Assessment, which determines the student’s

ability to use a variety of avenues of communication such as sign language, speech, speech

reading and finger spelling

3. Evaluation Procedures

A communication evaluation is conducted to determine communication and methodology.

This evaluation must be completed prior to other evaluations.

Diagnostician and/or LSSP completes intellectual and academic/functional evaluations with

appropriate accommodations/modifications (such as nonverbal intelligence and achievement

tests) to determine educational need.

The teacher of the deaf completes a classroom observation.

Note: A student with an auditory impairment (AI) may not be determined to have a Specific Learning

Disability (SLD).

4. ARD/IEP Requirements

AI Communication Supplement

Information for parents regarding Texas School for The Deaf

AI certified specialist must be present at all ARD Committee meetings

C. Autism (AU)

1. Definition

A student with autism is one who evidences a developmental disability significantly affecting

verbal and nonverbal communication and social interaction, generally evident before age three, that

adversely affects a his/her educational performance. Other characteristics often associated with autism

are engagement in repetitive activities and stereotyped movements, resistance to environmental change or

change in daily routines and unusual responses to sensory experiences. A student who manifests the

characteristics of autism after age three could be identified as having autism if the criteria above are

satisfied. Students with pervasive developmental disorders are included in this category.

Note: A student does not meet eligibility requirements for autism if his/her educational performance is

adversely affected because he/she has an emotional disturbance.

2. Required Eligibility Forms

Eligibility report for autism or other pervasive developmental disorders

Psychological report diagnosing autism or PDD

Speech evaluation

FIE, including present levels of academic achievement and functional performance and

recommendations for students who meet eligibility requirements

Marlin ISD Special Education Operating Guidelines Page 62 Revised 10/20/2014

The team’s written report of evaluation shall include specific recommendations for behavioral

interventions and strategies.

3. Evaluation Procedures

A multidisciplinary team must evaluate for autism. In Marlin ISD, the multidisciplinary team that

evaluates for autism includes the student’s parents, an LSSP, a speech/language therapist, certified speech

and language therapist or a licensed speech language pathologist, and other individuals as deemed

appropriate (e.g., diagnostician, occupational therapist).

4. ARD/IEP Requirements

ARD/IEP Supplement for a student with Autism, including, when needed, peer-reviewed,

research-based educational programming to the extent practicable

Behavior intervention for students with severe behavior deficits

D. Deaf-Blind (DB)

1. Definition

Deaf-blindness means concomitant hearing and visual impairments, the combination of which

causes severe communication, developmental and educational needs that cannot be accommodated in

special education programs solely for children with deafness or children with blindness.

A student with deaf-blindness is one who

Meets the eligibility criteria for a student with a visual impairment and the eligibility criteria

for a student with an auditory impairment or

Meets the criteria for a student with visual impairment and has a suspected hearing loss that

cannot be demonstrated conclusively, but a speech/language therapist, certified speech and

language therapist or a licensed speech language pathologist, indicates there is no speech at an

age when speech would normally be present or

Has documented hearing and visual losses that if considered individually, may not meet the

requirements for auditory impairment or visual impairment, but the combination of such losses

adversely affects that student’s educational performance or

Has a documented medical diagnosis of a progressive medical condition that will result in

concomitant hearing and visual losses that, without special education intervention, will

adversely affect the student’s educational performance.

2. Required Eligibility Forms

FIE

Visually Impaired Eye Examination Report (Part A)

Functional Vision/Media Assessment (Part B)

Auditory Impairment – Ontological (Part A)

Auditory Impairment – Audio logical (Part B)

Communication Evaluation (Part C)

Evaluation Report for Deaf-Blind

Marlin ISD Special Education Operating Guidelines Page 63 Revised 10/20/2014

3. ARD/IEP Requirements

Both AI and VI certified specialists must be present for all ARD Committee meetings

Parents must be provided information regarding the Texas School for the Blind and the Texas

School for the Deaf

VI Supplement completed by VI Specialist

AI Communication Supplement completed by AI Specialist

E. Emotional Disturbance (ED)

1. Definition

A student with an emotional disturbance is one who exhibits one or more of the following

characteristics over a long period of time and to a marked degree that adversely affects a student’s

educational performance.

An inability to learn that cannot be explained by intellectual, sensory, or other health factors

An inability to build or maintain satisfactory interpersonal relationships with peers and

teachers

Inappropriate types of behaviors and feelings under normal circumstances

A general pervasive mood of unhappiness or depression

A tendency to develop physical symptoms or fears associated with personal or school

problems.

The term includes schizophrenia. The term does not apply to students who are socially maladjusted,

unless it is determined that they also have an emotional disturbance.

2. Required Eligibility Forms

FIE, including a psychological evaluation

Evaluation report for Emotional Disturbances completed by LSSP.

3. ARD/IEP Requirements

Complete Functional Behavior Assessment (FBA) for critical behaviors

Develop Behavior Intervention Plan (BIP) for students with severe behaviors

F. Specific Learning Disability (SLD)

The determination of SLD must be made through the use of professional judgment, including

considerations of multiple data sources to support eligibility determination. Data sources may include

statewide assessment results, formal evaluation scores (IQ, achievement, cognitive function/processing),

RtI progress monitoring data and informal data (e.g., rating scales, student work samples interviews and

anecdotal reports). Such data must include an observation of the student in the student’s learning

environment (including the regular classroom setting) to document the student’s academic performance

and behavior in the areas of difficulty.

The evaluation determination process may include consideration of significant discrepancies

between intellectual ability and achievement. However, a discrepancy cannot be the sole determinant for

specific learning disability determination. If a discrepancy is included in the identification process, it

should be based on a standard regression procedure and not simple difference procedures.

Marlin ISD Special Education Operating Guidelines Page 64 Revised 10/20/2014

The group of qualified professionals that collects or reviews evaluation data must include, but is not

limited to,

The student’s regular education teacher or if the student does not have a regular teacher, an

individual qualified by TEA to teach a student of that age and

At least one person qualified to conduct individual diagnostic examinations of students, such as a

licensed specialist in school psychology (LSSP), an educational diagnostician, a speech-language

pathologist or an appropriately certified or licensed practitioner with experience, and training in

the area of SLD

In determining whether the student has an SLD, the group of qualified professionals must decide to

either

Use information from an observation in routine classroom instruction and monitoring of the

child’s performance that was done before the child was referred for an evaluation or

Have at least one member of the group conduct an observation of the child’s academic

performance in the regular classroom after the child has been referred for the evaluation and

consent has been obtained from the parent

For a student less than school age or out of school, a member of the group of qualified professionals

must observe the student in an environment appropriate to a student of that age.

1. Definition

A student with a specific learning disability is one who

Has been determined through a variety of assessment tools and strategies to meet the criteria for

specific learning disability (a disorder in one or more of the basic psychological process involved

in understanding or in using spoken or written language that may manifest itself in the imperfect

ability to listen, think, speak, read, write, spell or to do mathematical calculations, including the

conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and

developmental aphasia) AND

Does not achieve adequately for the student’s age or meet state-approved grade-level standards in

oral expression, listening comprehension, written expression, basic reading skills, reading fluency

skills, reading comprehension, mathematics calculation or mathematics problem solving when

provided appropriate instruction, as indicated by performance on multiple measures such as in-

class tests, grade average over time (e.g. six weeks, semester); norm or criterion-referenced tests,

statewide assessments or a process based on the student’s response to scientific, research-based

intervention AND

Does not make sufficient progress when provided a process based on the student’s response to

scientific, research-based interventions, as indicated by the student’s performance relative to the

performance of the student’s peers on repeated, curriculum-based assessments of achievement at

reasonable intervals, reflecting student progress during classroom instruction OR

Exhibits a pattern of strengths and weaknesses in performance, achievement or both, relative to

age, state-approved grade-level standards or intellectual development, as indicated by significant

variance among specific areas of cognitive function, such as working memory and verbal

comprehension or between specific areas of cognitive function and academic achievement.

Note: A student’s failure to pass STAAR should not automatically result in an SLD referral and/or

determination. A variety of information sources and measures, including, but not limited to, response to

Marlin ISD Special Education Operating Guidelines Page 65 Revised 10/20/2014

intervention progress monitoring results, in-class tests on grade-level curriculum, or other regularly

administered assessments shall be considered. Intervals are considered reasonable if consistent with the

assessment requirements of a student’s specific instructional program. Students whose classroom

achievement indicates a pervasive weakness that does not constitute a pattern of strengths and weaknesses

should not be determined to have an a SLD. Students who meet the criteria for having an intellectual

disability should not be determined to have a SLD.

2. Required Eligibility Forms

The following information should be included if the student has participated in the RtI process

The instructional strategies used and the student-centered data collected and

Documentation that the parents were notified about (a) school policies regarding the amount

and nature of student performance data that would be collected and the general education

services that would be provided, (b) strategies for increasing the student’s rate of learning and

(c) the parents’ rights to request an evaluation

Data-based documentation of repeated assessments (RtI progress monitoring results, in-class

tests based on TEKS, benchmark assessments, criterion-referenced measures or other regularly

administered assessments, administered at evenly-spaced intervals over a reasonable period of

time (within a 4 to 8 week period)

FIE (including present levels of academic achievement and functional performance for

students who are eligible)

Eligibility Report for Specific Learning Disability (required for students who meet eligibility

criteria), which should include

The basis for making the determination

A statement of the relevant behavior, if any noted during the observation of the child and

the relationship of that behavior to the child’s academic functioning

Relevant medical findings, if any and

Whether the student

Fails to achieve adequately and does not make sufficient academic progress or

exhibits a pattern of strengths and weaknesses in performance, achievement or both

relative to age, state-approved grade-level standards or intellectual development, as

evidenced by significant variance among specific areas of cognitive function, such

as working memory and verbal comprehension or between specific areas of

cognitive function and academic achievement

Note: Students showing reasonable progress in response to research-based instructional strategies should

not be identified as SLD even though they may show deficits on specific norm-referenced achievement

tests.

3. ARD/IEP Requirements

Follow standard ARD Committee procedures; no specific supplements are required.

G. Intellectual Disability (ID)

The determination of intellectual disability must be made through the use of professional

judgment, including consideration of multiple data sources [statewide assessment results, RtI progress

monitoring data, anecdotal reports and formal evaluation scores (e.g., IQ, adaptive behavior, achievement,

cognitive function/processing, etc.)], to support eligibility determination.

Marlin ISD Special Education Operating Guidelines Page 66 Revised 10/20/2014

A deficit/limitation in function refers to the effectiveness of the individual in meeting adaptive standards

typical to age peers, environment or cultural expectations.

1. Definition

A student with an intellectual disability is one who

Has been determined to have significantly sub-average intellectual functioning, as measured

by a standardized, individually administered test of cognitive ability in which the overall test

score is at least two standard deviations below the mean, when taking into consideration the

standard error of measurement AND

Concurrently exhibits deficits in at least two of the following areas of adaptive behavior:

Communication

Self-care

Home living

Social/interpersonal skills

Use of community resources

Self-direction

Functional academic skills

Work

Leisure

Health

Safety

If non-standardized procedures are used to administer a standardized test or developmental scale

due to severe sensory impairment (e.g., visual impairment), another severe physical disability,

language/communication differences, the adaptations and implications for test interpretation should be

documented. In this instance, normed scores should not be reported.

For very young students, students with severe disabilities or students with severe sensory

impairments, a developmental scale may be administered in lieu of an intelligence test. The student’s

performance must be within the intellectual disability range on the developmental scale.

Some measures of intellectual ability result in a composite or global score rather than individual

verbal and performance scores. When such a measure is used, the evaluator must ensure that both verbal

and performance skills are measured and documented.

An adaptive behavior scale, such as the Adaptive Behavior Inventory, the Vineland Adaptive

Behavior Scales or Scales of Independent Behavior, must be administered.

2. Required Eligibility Forms

FIE (including present levels of academic achievement and functional performance, if

appropriate)

Evaluation report for Intellectual Disability

Note: The evaluation professional must consult the appropriate test manual to determine the Standard

Error of Measurement (SEM) for the student. The SEM should not be confused with the confidence

interval.

Marlin ISD Special Education Operating Guidelines Page 67 Revised 10/20/2014

3. ARD/IEP Procedures

Follow standard ARD Committee procedures; no specific supplements required.

H. Multiple Disabilities (MD)

Multiple disabilities means concomitant impairments, such as intellectual disability/blindness,

intellectual disability/orthopedic impairment, the combination of which causes such severe educational

needs that they cannot be accommodated in special education programs designed solely for one of the

impairments.

Students who have more than one disability, but do not meet criteria for multiple disabilities shall

not be classified or reported as having multiple disabilities.

This category does not include deaf-blindness.

1. Definition

A student with multiple disabilities is one who has a combination of disabilities in this section and

who meets all of the following conditions

The student’s disabilities are expected to continue indefinitely.

The disabilities severely impair performance in two or more of the following areas:

Psychomotor

Self-care skills

Communication

Social and emotional development

Cognition

2. Required Eligibility Forms

FIE (including present levels of academic achievement and functional performance, if

appropriate)

Documentation related to each of the areas of disability

3. ARD/IEP Requirements

Follow standard ARD Committee procedures specific to each area of disability.

I. Orthopedic Impairment (OI)

1. Definition

A student with an orthopedic impairment is one who is determined to have a severe orthopedic

impairment that adversely affects his/her educational performance, including impairments resulting from

congenital anomalies, diseases and other causes.

Marlin ISD Special Education Operating Guidelines Page 68 Revised 10/20/2014

2. Required Eligibility Forms

FIE (including present levels of academic achievement and functional performance and

recommendations for students who are eligible)

Evaluation report for orthopedic impairment, completed by a physician

The multidisciplinary team that collects or review evaluation data must include a physician.

3. ARD/IEP Requirements

Follow standard ARD Committee procedures; no specific supplements are required.

J. Other Health Impairment (OHI)

1. Definition

A student with other health impairment is one who is determined to have limited strength, vitality

or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness

with respect to the educational environment due to chronic or acute health problems, such as

Asthma

Attention deficit disorder (ADD) or attention deficit hyperactivity (ADHD) disorder

Diabetes

Epilepsy

A heart condition

Hemophilia

Lead poisoning

Leukemia

Nephritis

Rheumatic fever

Sickle cell anemia

Tourette’s Disorder

Note: The list of conditions above is not exhaustive. A student is not automatically eligible for special

education and related services if the student is diagnosed with such a condition.

2. Required Eligibility Forms

The multidisciplinary team that collects or reviews evaluation data must include a licensed physician.

FIE (including present levels of academic achievement and functional performance and

recommendations for students who are eligible)

Evaluation form for Other Health Impaired, completed by a physician

For students with ADD or ADHD, multiple observations across time/settings/task and a

Behavior Rating Scales should be completed prior to physicians report. The special education

evaluator will ensure proper documentation has been collected before requesting physician

input.

3. ARD/IEP Requirements

Follow standard ARD Committee procedures; no specific supplements are required.

Marlin ISD Special Education Operating Guidelines Page 69 Revised 10/20/2014

K. Speech Impairment (SI)

1. Definition

A student with speech impairment is one who has been determined to have a communication

disorder, such as stuttering, impaired articulation, language impairment, or a voice impairment that

adversely affects a student’s educational performance. The multidisciplinary team that collects or reviews

evaluation data must include a certified speech and language therapist or a licensed speech/language

pathologist.

2. Required Eligibility Forms

FIE (including present levels of speech/language performance and recommendations for

students who are eligible)

Evaluation report for speech impairment.

3. ARD/IEP Requirements

A speech representative is required at ARD Committee meetings when the student receives

speech services only

Speech input is required at each ARD Committee meeting when the student receives speech

services and any additional special education service

Goals and objectives addressing speech/language deficits should be developed and approved.

L. Traumatic Brain Injury (TBI)

1. Definition

A student with a traumatic brain injury is one who has been determined to have an acquired injury

to the brain caused by an external physical force resulting in total or partial functional disability and/or

psychosocial impairment that adversely affects a student’s educational performance.

Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or

more areas, such as cognition, language, memory, attention, reasoning, abstract thinking, judgment,

problem-solving, sensory/perceptual motor abilities, psychosocial behavior, physical functions,

information processing and speech.

Traumatic brain injury does not apply to brain injuries that are congenital or degenerative or to

brain injuries induced by birth trauma.

The multidisciplinary team that collects and reviews evaluation data must include a licensed

physician.

Evaluation to determine educational need is performed by district personnel qualified to assess

those areas that are suspected to adversely affect the student’s educational performance.

Marlin ISD Special Education Operating Guidelines Page 70 Revised 10/20/2014

2. Required Eligibility Reports

FIE (including present levels of performance for and recommendations for students who are

eligible)

Evaluation report for TBI completed by physician.

3. ARD/IEP Requirements

Follow standard ARD Committee procedures; no specific supplements are required.

M. Visual Impairment (VI)

1. Definition

A student with a visual impairment is one who

Has been determined by a licensed ophthalmologist or optometrist

To have no vision or to have a serious visual loss after correction or

To have a progressive medical condition that will result in no vision or a serious visual loss after

correction.

Has been determined by the following evaluations to have a need for special services

A Functional Vision Evaluation (FVE) by a professional certified in the education of students

with visual impairments or a certified orientation and mobility specialists. The evaluation

must include the performance of tasks in a variety of environments requiring the use of both

near and distance vision evaluation and an orientation and mobility evaluation.

A Learning Media Assessment (LMA) by a professional certified in the education of students

with visual impairments. The evaluation must include recommendations concerning the

specific visual, tactual, and/or auditory learning media that are appropriate for the student and

whether there is a need for ongoing evaluation in this area.

A student who has a visual impairment is functionally blind if, based on the preceding evaluations,

the student will use tactual media (Braille) as a primary tool for communication.

2. Initial Referral and Evaluation

Eye exam report should be completed by doctor and given to VI specialist.

Student should be observed by VI specialist.

FVE and LMA should be completed by VI specialist.

VI specialist should conference with the evaluation staff involved regarding modifications

needed for assessment.

Evaluation staff will complete assessment using recommended modifications.

There are few instruments appropriate for measuring IQ for students who are VI. If a student

is very young or is severely impaired, developmental scales may be administered instead of

intelligence tests.

Students who are determined to be VI may not be labeled SLD.

Marlin ISD Special Education Operating Guidelines Page 71 Revised 10/20/2014

3. Required Evaluation Forms

FIE (completed after FVE and LMA, including present levels of performance and

recommendations for students who are eligible)

Evaluation report for visual impairment (Part A), completed by a physician

Functional Vision Evaluation Report (Part B), completed by a certified teacher of the visually

impaired

Learning Media Assessment (Part B), completed by a certified teacher of the visually

impaired.

4. ARD/IEP Requirements

Obtain consent for release of confidential information

VI specialist should complete or review VI supplement at each ARD Committee meeting

Provide Texas School for the Blind information to the parents

Certified teacher of the visually impaired must be present for all ARD Committee meetings

N. Marlin ISD Assessment Battery

Recommended assessment instruments for students referred for special education include:

1. Cognitive/Intelligence Tests

WJ-IV Woodcock-Johnson-IV Tests of Cognitive Skills-

KABC-II (Full/Nonverbal) Kaufman Assessment Battery for Children, 2nd

Edition

DAS-II Differential Ability Scales-2nd

Edition

WISC-V

(English/Spanish) Wechsler Intelligence Scale for Students-5th Edition

WAIS-IV Wechsler Adult Intelligence

WPPSI-III Wechsler Preschool and Primary Scales of Intelligence-3rd

Edition

WMS-III/IV Wechsler Memory Scales-3rd

or 4th

Edition

WRAML-2 Wide Range Assessment of Memory and Learning-2nd

Edition

SB-V Stanford-Binet-5th

Edition

Bayley-III Bayley Scales of Infant Development-3rd

Edition

BDI-2 Battelle Developmental Inventory-2nd

Edition

DOCS Developmental Observation Checklist System

DAYC Developmental Evaluation for Young Children

Bateria-III Pruebas de habilidades cognitivas

Bateria-III DS Bateria-III Suplemento diagnostico

Marlin ISD Special Education Operating Guidelines Page 72 Revised 10/20/2014

BVAT-NU Bilingual Verbal Ability Tests-Normative Update

WMLS-R Woodcock-Munoz Language Survey-Revised

CTOPP-2 Comprehensive Tests of Phonological Processing-2nd

Edition

Leiter-R Leiter International Performance Scale-Revised

WASI-II Wechsler Abbreviated Scales of Intelligence-2nd

Edition

KBIT-2 Kaufman Brief Intelligence Test-2nd

Edition

VMI-6 Beery-Buktenica Developmental Test of Visual-Motor Integration-6

th

Edition

Bender Gestalt II Bender Visual-Motor Gestalt Test-2nd

Edition

MVPT-3 Motor-Free Visual Perception Test-3rd

Edition

TVPS-3 Test of Visual Perceptual Skills (non-motor)-3rd

Edition

NEPSY-II NEPSY-2nd

Edition

2. Achievement Tests

WJ-IV Woodcock-Johnson Tests of Achievement, 4th

Edition

KTEA-III Kaufman Tests of Educational Achievement-2nd

Edition

WIAT-III Wechsler Individual Achievement Tests-3rd

Edition

GORT-5 Gray Oral Reading Tests-5th

Edition

TOWL-4 Test of Written Language-4th

Edition

KeyMath3 KeyMath Diagnostic Assessment-3rd

Edition

YCAT Young Studentren’s Achievement Tests

TEMA-3 Tests of Early Math Ability-3rd

Edition

TERA-3 Tests of Early Reading Ability-3rd

Edition

TEWL-3 Tests of Early Written Language-3rd

Edition

OWLS-II Oral and Written Language Scales-2nd

Edition

Bateria-III Pruebas de aprovechamiento

PHAI Prueba de Habilidades Adacemicas Inciciales

DAT Decoding Analysis Test

PAL-II Process Assessment Of The Learner: Diagnostic Assessment for Reading, Writing, Math-

2nd

Edition

Marlin ISD Special Education Operating Guidelines Page 73 Revised 10/20/2014

3. Adaptive Behavior

ABAS-II (English/Spanish) Adaptive Behavior Assessment System-2nd

Edition

Vineland-II (English/Spanish) Vineland Adaptive Behavior Scales-2nd

Edition

SIB-R Scales of Independent Behavior-Revised Edition

DABS (AAIDD) Diagnostic Adaptive Behavior Scale

SSSQ Street Survival Skills Questionnaire

Test batteries are selected using professional judgment, taking into consideration the student’s language,

culture, background information, physical abilities, academic history and suspected areas of disability.

The preceding list is not all-inclusive and newer versions are used as they become available.

Marlin ISD Special Education Operating Guidelines Page 74 Revised 10/20/2014

Section 4: The ARD Process

A. Overview

In Texas public schools, the Admission, Review, and Dismissal (ARD) Committee serves as the

Individualized Education Program (IEP) team defined in federal law and IDEA regulations.

At the beginning of each school year, Marlin ISD must have an IEP in effect for each enrolled student

with a disability who resides within its jurisdiction.

The required members of the ARD Committee are determined by Texas Education Agency regulations,

local guidelines, and the purpose of the meeting. The facilitator of the committee is responsible for assuring that

all required members are in attendance and understand their roles for contributing to the ARD process.

The written report of the ARD Committee documents the decisions of the committee with respect to

issues discussed during the meeting. The report includes the date, names, positions and signatures of the members

participating in each meeting and indicates each member’s agreement or disagreement with the committee’s

decisions.

1. Electronic Recording of ARD Committee Meetings

Unless required by law, employees shall not electronically record by audio, video or other means, or

allow or authorize other persons to electronically record any conversations or meetings unless each and every

person present has been notified and consents to be electronically recorded. Persons wishing to record a meeting

or conversation must obtain consent from anyone subsequently joining the meeting or conversation who had not

received such notice. A copy of the recording shall be kept in accordance with Marlin ISD’s records retention

policies. Marlin ISD shall not be required to create transcription of the recording, unless specifically required by

law or board policy.

B. ARD Committee Membership

1. Required Members

Before a student is enrolled in a special education program of Marlin ISD, the district shall

establish a committee that includes

a) The Student

The student is the person whose identification, evaluations, and/or educational placement is being determined.

The student should be invited

When deemed appropriate by the parent or

When the student is a legal adult or

Whenever transition services are being considered. (In Marlin ISD, transition service needs are considered

at every annual ARD Committee meeting on or before the student’s 14th

birthday).

Note: Parents should always be informed through written notice whenever the school has invited the minor

student to attend the ARD Committee meeting. Any student (including a student with an intellectual disability)

who has reached the age of 18 and whose parents have not obtained guardianship or power of attorney is

considered to be a legal adult.

Marlin ISD Special Education Operating Guidelines Page 75 Revised 10/20/2014

b) The Parent(s) of the Student

The term parent means

A natural or adoptive parent of a student

A foster parent (unless state law, regulations or contractual obligations with a state or local entity prohibit

a foster parent from acting as a parent, i.e., the foster parent is an Marlin ISD employee)

A guardian (but not the state if the student is a ward of the state)

An individual acting in the place of a natural or adoptive parent (including a grandparent, stepparent or

other relative) with whom the student lives, or an individual who is legally responsible for the student’s

welfare or

A surrogate parent

Note: When more than one party is qualified to act as the parent, the natural or adoptive parents must be

presumed to be the parent unless (a) the natural or adoptive parent does not have legal authority to make

educational decisions for the student or (b) a person or persons has been designated by judicial decree to act as

the parent of the student, or to make educational decisions on behalf of the student.

One or both of the student’s parents must be invited to all ARD Committee meetings if the student is

under 18 or if the student is unable to represent himself/herself. Marlin ISD must take steps to ensure that

one or both parents of a student with a disability are present at each IEP meeting or have the opportunity

to participate, including

Notifying the parents of the meeting early enough to ensure that they will have an opportunity to

attend and

Scheduling the meeting at a mutually agreeable time and place

The school must make reasonable efforts to ensure that the parents understand, and are able to participate in,

any group discussion relating to the educational placement of their student, including arranging for an interpreter

for parents who have auditory impairments, or whose native language is other than English.

If the student’s parent is unable to speak English, the school should follow these guidelines:

Provide the parent with a written or audio-taped copy of the student’s IEP translated into Spanish, if

Spanish is the parent’s native language or

If the parent’s native language is a language other than Spanish, make a good faith effort to provide the

parent with a written or audio taped copy of the student’s IEP translated into the parent‘s native language

If the parent chooses not to accept a copy of the audio tape, the copy should be placed in the student’s

state audit folder along with the original tape

Note: If the ARD Committee meeting is conducted in the parent’s native language instead of in English, Marlin

ISD will ensure that the proceedings are interpreted for any English only speakers who are participating in the

meeting.

Surrogate Parents

An individual assigned to act as a surrogate parent for a student with a disability must complete a training

program in which the individual is provided with an explanation of (a) the provisions of federal and state

law, (b) rules and regulations related to identification of a student with a disability, (c) the evaluation and

reevaluation process, (d) the ARD process, (e) IEP development, (e) determination of LRE (f) procedural

safeguards and rights and (g) sources that the surrogate parent may contact to obtain assistance in

understanding the provisions of federal and state laws, rules and regulations relating to students with

disabilities.

Marlin ISD Special Education Operating Guidelines Page 76 Revised 10/20/2014

The training program must be provided in the native language or other mode of communication used by

the individual who is to serve as a surrogate parent and must be completed within 90 calendar days after

the date the individual is assigned as a surrogate parent. School districts may provide ongoing or

additional training to surrogate parent(s), but may not require additional training as a condition for serving

as a surrogate parent.

Foster Parents

If possible, a foster parent acting as the parent of a student with a disability should complete the surrogate

parent training program prior to his/her assignment to act as a parent, but no later than 90 days after the

assignment. School districts may provide ongoing or additional training to foster parent(s), but may not

require additional training as a condition for serving as a parent.

Conflict of Interest

Marlin ISD will conduct an analysis to determine whether a foster parent or potential surrogate has an

interest that conflicts with the interest of the student with a disability. A foster parent shall not be deemed

to have a financial conflict of interest by virtue of serving as a foster parent in the home. These homes

include basic, habilitative, primary, medical or therapeutic foster group homes. Issues concerning quality

of care of the student do not constitute a conflict of interest.

If Marlin ISD denies a foster parent the right to serve as the surrogate parent or parent, the district will

provide the foster parent with written notice of such denial within seven calendar days after the date the

decision is made. The written notice must specifically describe the interests of the foster parent that

conflict with the interests of the student and must inform the foster parent of his/her right to file a

complaint with the Texas Education Agency.

c) Regular Education Teacher

At least one regular education teacher of the student should be included if the student is, or may be,

participating in the regular education environment. The regular education teacher participating in a student’s

ARD Committee meeting should be the teacher who is or may be, responsible for implementing the IEP so that

the teacher can participate in discussions about how best to teach the student. Whenever practicable, the regular

education teacher should be familiar with the student.

If the student has more than one regular education teacher, the school may designate which teacher or

teachers will participate. It is always an option for additional teachers to attend.

d) Special Education Teacher or Service Provider

In deciding which special education teacher or service provider will participate in meetings, the district

considers the following possibilities

Whenever practicable, the special education teacher or service provider should be familiar with the student

and should be responsible for implementing all or part of the student’s IEP.

For a student with a disability, the special education teacher/service provider must be certified in the student’s

suspected areas of disability. When a specific certification is not required to serve certain disability

categories, then the special education teacher/service provider must be qualified to provide the educational

services the student may need. In many cases, the student’s monitoring teacher will serve as the special

education teacher attending the ARD Committee meeting.

If the student’s disability is speech impairment, the speech-language pathologist may serve as the special

education teacher/service provider.

Marlin ISD Special Education Operating Guidelines Page 77 Revised 10/20/2014

Prior to the meeting, the student’s case manager seeks input from other special education and regular

education teachers who will not be attending the meeting. In addition, the monitoring teacher ensures that the

following documents are available at all initial and annual ARD meetings:

Documentation of progress on current IEP goals and objectives

A copy of the most recent statewide assessment results to be attached to the annual ARD Committee

report

A copy of any curriculum-based assessments and/or competency testing showing current levels of

academic, behavioral, and functional performance

A draft copy of annual goals, including supporting short-term objectives if the student is receiving

modified instruction in the TEKS

Any additional documentation appropriate for planning for the educational needs of the student (e.g.,

discipline reports, attendance record, work samples, etc.)

A four to six year course of study, if applicable

e) Administrator/Agency Representative

In the Marlin Independent School District, principals or assistant principals serve as the

administrator/agency representative at ARD Committee meetings.

Principals and assistant principals must be

Familiar with providing or supervising the provision of specially designed instruction for student with

disabilities

Knowledgeable about the general education curriculum

Knowledgeable of the continuum of available services

Authorized to allocate the resources of the campus/district and

Authorized to provide, supervise and/or enforce the implementation of the IEP, including related services,

required modifications and supports

f) Evaluation Personnel

When assessment planning or results will be discussed, an individual who can interpret the instructional

implications of evaluation reports should be included on the Committee. Such personnel would include

diagnosticians, licensed specialists in school psychology (LSSPs) and/or speech-language pathologists.

g) Other Individuals with Special Education Expertise

Other individuals who have knowledge or special expertise regarding the student may be invited at the

discretion of the parent or district personnel. The determination of the knowledge or special expertise of any

individual must be made by the party who invited the individual. Should the parent bring an attorney to the ARD

Committee meeting for the purpose of advocating for the student’s special education needs, the school district

will reschedule the ARD Committee meeting until such time that the school district’s attorney can be in

attendance. If the parent indicates that he/she will have an attorney present at the meeting, the campus principal

will notified the Marlin ISD Director of Special Education.

h) Other Required Members/Student Specific

1) LPAC Representative- Required when the student is limited English proficient (LEP)

2) Certified Teacher of the Visually Impaired - Required when the student has a suspected or

confirmed visual impairment

Marlin ISD Special Education Operating Guidelines Page 78 Revised 10/20/2014

3) Certified Teacher of Students with Auditory Impairments Required when the student has a suspected or

confirmed auditory impairment. Representatives from the RDSPD will be invited to participate when the student

may be served by the RDSPD.

4) CTE Teacher/Representative- Should be included when considering initial or continued

placement of a student in career and technical education.

i) Other Invited Members/Student Specific

1) Itinerant Behavior Teacher - Should be invited when the ARD Committee is considering (a)

change in placement/services due to the student’s behavior, (b) as requested by campus personnel or (c)

when a Behavior Intervention Plan is being developed

2) Licensed Specialist in School Psychology (LSSP) - Should be invited when a

psychological/emotional evaluation, counseling as a related service, Manifestation Determination Review

and/or the results of a functional behavioral assessment are being discussed. The LSSP should be

knowledgeable in the area of positive behavior support strategies

3) Related Services Provider (s) - Should be invited when the student is receiving or may require

related services. Includes occupational therapists, physical therapists and LSSPs.

4) Assistive Technology Representative - Should be invited when the student is receiving assistive

technology services, e.g., augmentative communication device, touch tablet with speech to text,

wheelchair mount, etc.

5) Compensatory Education Representative - Should be invited when a student is eligible for

other special or compensatory programs such as pregnancy related services (PRS), migrant education,

ESL or bilingual education

6) Hospital/Homebound Representative -Should be invited when a student a student is being

considered for or receiving hospital/homebound services

7) Day/Residential School Representative - Must be invited when a student is being considered

for or is placed by Marlin ISD in a contracted day/residential school placement.

8) Private/Parochial School Representative - Must be invited when the student is enrolled in a

private/parochial school and is receiving or is eligible to receive special education services through Marlin

ISD

9) Intermediate Care Facility for the Mentally Retarded Representative - Must be invited if the

student is considered for or placed in an ICF/MR facility

10) Transition Service Agency Representative -Should be included, with prior written consent

from the parent or adult student if the agency is likely to be responsible for providing services or funding

11) Early Childhood Intervention Representative - At the request of the parent, an invitation to

the initial ARD Committee meeting must be sent to the ECI service coordinator or other ECI

representative to assist in the smooth transition of services

12) Nurse - Must be invited if the Committee will be discussing a health-related disability, student

medication and/or health services.

Marlin ISD Special Education Operating Guidelines Page 79 Revised 10/20/2014

C. ARD Committee Excusals

A member of the ARD Committee is not required to attend an ARD Committee meeting, in whole or in

part, if the member’s attendance is not necessary because his or her area of the curriculum or related

services is not being modified or discussed and the following conditions are satisfied:

The parent and the district agree that the member’s attendance is not necessary.

The member’s area of curriculum or related services is not being modified or discussed in the

meeting and

The parent’s agreement is in writing.

When the member’s area of curriculum or related services is being modified or discussed at the meeting,

the member may be excused from attending if the following conditions are met.

The parent and district consent to the excusal and the parent’s consent is in writing.

The member submits written input regarding the development of the IEP prior to the meeting.

Marlin ISD does not allow for excusal of the following ARD Committee members

Principal or Assistant Principal

Special education teacher

Regular education teacher if the student receives any services in the regular education setting

D. ARD Committee Procedures

1. Initial ARD Committee Meeting

The ARD Committee makes its decisions regarding students referred for a full and initial evaluation

(FIE) within 30 calendar days from the date of the completion of the written FIE report. Special education

and related services should be made available as soon as possible following the development of the IEP.

If the 30th

day falls during the summer and school is not in session, the ARD Committee has until

the first day of classes in the fall to finalize decisions concerning initial eligibility determination, the IEP,

and placement, unless the FIE indicates that the student will need Extended School Year (ESY) services

during that summer.

When an initial evaluation completed in late spring indicates that the student will need ESY

services, ARD Committee meeting timelines should be adjusted so that services can be provided for that

summer.

2. Annual IEP Review

The ARD Committee reviews the student’s IEP not less than annually, to determine whether the

annual goals for the student are being achieved and to plan an appropriate program for the next calendar

year. Please note a student’s annual ARD Committee meeting must be held each year on or before the due

date calculated by district-adopted electronic ARD software. Also, the student’s placement is

determined at least annually based on the student’s IEP.

Marlin ISD Special Education Operating Guidelines Page 80 Revised 10/20/2014

3. IEP Revision

The ARD Committee may meet at any time to revise the IEP as appropriate to address:

Any lack of expected progress toward annual goals and in the general education curriculum

Information about the student provided to, or by, the parents

The student’s anticipated needs or

Other matters relating to the student’s Individualized Educational Program (IEP), excluding a

change of placement

4. Requests for ARD Review

An ARD Committee meeting may be called at any time at the request of either the parents or district

staff. Marlin ISD should inform parents of the functioning of the ARD Committee and the circumstances or

types of problems for which requesting an ARD Committee meeting is appropriate. If the parent’s concerns

are not related to the provision of special education services, the school may request that the issue be

resolved through a parent/teacher conference.

If a parent requests that an ARD Committee meeting be scheduled for the student, the request will

be honored. Upon parental request for an ARD Committee meeting, a meeting should be scheduled at a

mutually agreeable time, not to exceed ten (10) school days.

A teacher who instructs a student with a disability in a regular classroom setting may request a

review of the student’s IEP. Marlin ISD will respond to the teacher’s request in a timely manner and will

notify the student’s parent or legal guardian of its response.

5. In-State and Out-of-State Transfer Students

ADA/Registrar will enter student demographic information into the district student information

system and mark that student receives special education services.

A Student Transfer Committee composed of a principal/assistant principal, regular education

teacher, special education and Speech-Language Pathologist (if needed) must meet when the student enrolls

and the campus is able to verify in writing, or by telephone, that the student was receiving services in the

previous district. If the data and other information from the previous district are unavailable or insufficient

to develop a complete IEP, the Student Transfer Committee may authorize the provision of temporary

special education services.

a) Temporary Special Education Services

Whenever the Student Transfer Committee determines that valid evaluation data and other

information from a previous school (including any out-of-state local education agency) are unavailable or

insufficient to develop a complete IEP, Marlin ISD will conduct any evaluations necessary to obtain

information for developing a complete IEP. Information from these evaluations must be shared at an ARD

Committee meeting, to be held within 30 school days from the date of the first Student Transfer Committee

meeting to develop an IEP. This meeting should then constitute the annual ARD Committee meeting for

that student.

Marlin ISD Special Education Operating Guidelines Page 81 Revised 10/20/2014

b) Related Services

When a student transfers to Marlin ISD, the enrolling campus obtains information from the prior

district. An ARD Committee meeting is held utilizing the FIE/ARD from the student’s previous district, if

available. The district diagnostician/LSSP will be notified and provided with the previous FIE/ARD

documents for review. If the student was receiving related services, the Director of Special Education is

contacted immediately and a copy of the incoming FIE/ARD documents are provided to the office of

Special Education for log-in, therapist assignment and tracking of timeline compliance. The Director of

Special Education notifies therapists via email that FIE/ARD documents were received and a copy made

available at the office of Special Education. The district assigned case manager is copied on the email

notification.

c) Records Transfer

When a student moves from one district to another within the state, evaluation personnel will

request the student’s most recent ARD documents, including the FIE, via fax (if private or out of state

school) or TREx (if public school within the state) immediately following the meeting. For students

transferring from a public school in Texas, the previous district is expected to transfer these documents to

a requesting district within ten (10) working days using the Texas Records Exchange (TREx) system.

Note: FERPA does not require the student’s current or previous school to obtain parental consent before

requesting or sending the student’s special education records. However, some states may require signed

consent for the release of confidential records.

E. Development of the IEP

1. Present Levels of Academic Achievement and Functional Performance (PLAAFP)

The IEP must be developed by the ARD Committee to confer educational benefit to the student.

Developing the IEP begins with a careful analysis of the student’s present levels of academic achievement

and functional performance, including

How the student’s disability affects that student’s involvement and progress in the general

education curriculum

For preschool students, as appropriate, how the disability affects the student’s participation in

age-appropriate activities

Recent data from a variety of sources regarding the student’s interventions, strengths and

concerns.

Note: There should be a direct relationship between the annual goals and the present level of academic

achievement and functional performance.

2. Standards-Based Measurable Annual Goals

Because students with disabilities are included in the statewide assessment system, they must have

access to the general education curriculum. This access may be with or without accommodations and can

include alternate assessments. However, due to these requirements, all students must have standards-

based goals. Standards-based goals are defined as annual, measurable goals aligned to enrolled grade level

TEKS or Pre-Kindergarten Guidelines.

Marlin ISD Special Education Operating Guidelines Page 82 Revised 10/20/2014

The IEP must include a statement of measurable annual goals, which relate to

Meeting the student’s needs that result from the student’s disability to enable the student to be

involved in and progress in the general curriculum and

Meeting each of the student’s other educational needs that result from the student’s disability.

Each measurable annual goal must contain each of the following components

Timeframe: Identifies the amount of time in the goal period and is usually specified in the number of

weeks or a certain date for completion

Conditions: Describe the specific resources that must be present for a student to reach the goal. The

condition of the goal should relate to the behavior being measured.

Behavior: Represents an action that can be directly observed, measured and monitored

Criterion: Identifies how much, how often, or to what standard the behavior must occur in order to

demonstrate that the goal has been met

Every student receiving special education services must have at least one standards-based measurable

annual goal. If the student meets participation eligibility for the alternative state assessment each standard-

based measureable annual goal must include two standards-based short-term objectives for each service

provided.

Following the development of standards-based measurable annual goals and standards-based short-term

objectives for a student, the ARD Committee should develop strategies that will assist the student in

achieving his/her annual goal(s).

Additional information regarding standards-based measurable annual goals is available at:

http://www.tea.state.tx.us/index2.aspx?id=2147494485

3. Measuring and Reporting Progress

The IEP must include a statement of

How the child’s progress toward meeting his/her annual goals will be measured and

When the periodic reports on the progress the child is making toward meeting the annual goals

(such as through the use of quarterly or other period reports, concurrent with the issuance of report

cards) will be provided.

The IEP reporting process is in addition to distribution of the student’s report card. Report cards are

generally distributed in the same manner and timeframe (typically every six (6) weeks) for all students at

the campus.

The special education teacher/case manager is expected to use the district’s special education electronic

progress reporting systems to (a) document student progress on a daily basis and (b) enter progress notes

that demonstrate the student’s progress toward mastery of his/her IEP goals and objectives.

The special education teacher/case manager is expected to provide written or electronic progress reports

to parents according to the schedule outlined in the student’s IEP. Generally, the schedule for providing

parents with IEP progress reports is every three to six weeks.

Marlin ISD Special Education Operating Guidelines Page 83 Revised 10/20/2014

Based on the reporting schedule established in the student’s IEP, the special education teacher/case

manager is expected to

Send the IEP progress reports home with the student and

Email progress reports to parents who (a) have internet access and (b) have requested to have the

reports sent electronically

F. Assistive Technology

Assistive technology includes both services and devices. Assistive technology services include any

service that directly assists a student with a disability in the selection, acquisition, or use of an assistive

technology device and may include

1. Providing a functional evaluation of a student with a disability in the student’s customary

environment.

2. Providing assistive technology devices for students recommended for AT Services following a

formal AT evaluation.

3. Selecting, designing, customizing, fitting, adapting, maintaining, repairing, or replacing the

assistive technology device recommended for the student.

4. Coordinating and using other therapies, interventions, or services with assistive technology

devices associated with existing education plans.

5. Providing training and/or technical assistance for a student with a disability or if appropriate, that

student’s family and instructional staff working directly with the student.

Assistive technology devices include any item, piece of equipment, or product system that is used to

increase, maintain, or improve the functional capabilities of a student with a disability. The term assistive

technology does not include a medical device that is surgically implanted or the replacement of such

device.

The consideration of assistive technology is required as a part of a student’s Full and Individual

Evaluation (FIE). All three-year reevaluations must also address the need for assistive technology. If an

evaluation is necessary to determine a specific need for assistive technology services or devices, the ARD

Committee should conduct a Review of Existing Evaluation Data (REED) and request an assistive

technology evaluation. The following questions need to be considered by the ARD Committee in

determining the need for assistive technology devices and assistive technology services.

Which IEP goal/objective does this assistive technology device and/or service support?

Is this assistive technology device and/or service necessary to achieve the goals/objectives

outlined in the student’s IEP?

Are there other appropriate methods for accomplishing the goal/objective?

How frequently and for how long will the service be needed?

If it is possible that the student will be receiving his/her education in the general education setting, the

ARD Committee should consider the following questions.

Is this device or service necessary to enable the student to be educated in the general education

classroom?

Is this device or service a modification necessary to enable the student to master the Texas

Essential Knowledge and Skills (TEKS)?

Marlin ISD Special Education Operating Guidelines Page 84 Revised 10/20/2014

Note: The student’s ARD Committee should consider the need for assistive technology device outside of

the school environment (home, community, etc.). This consideration should be clearly documented in the

ARD Committee meeting minutes.

In the Marlin Independent School District, a team of professionals that includes a diagnostic

specialist, a speech-language pathologist, an occupational therapist, and a special education teacher

conduct all assistive technology evaluations and monitor the student’s use of assistive technology.

1. Providing and Maintaining Assistive Technology Devices

Marlin ISD is required to provide and maintain any assistive technology device that the student’s

ARD Committee has determined necessary for implementing the student’s IEP. If the assistive technology

device is not functioning or does not function correctly, Marlin ISD is responsible for providing a

substitute device, or for reconvening an ARD Committee meeting to review and, if appropriate, revise, the

student’s IEP.

If a student using an assistive technology device recommended by the ARD Committee

experiences difficulty with his/her equipment, a campus representative should contact the Director of

Special Education.

If an assistive technology device is lost or stolen, the Director of Special Education should be

notified. A police report should be submitted or other investigations conducted as deemed appropriate by

campus and district administration.

2. Parental Requests for Student Use of Personal AT Device

Marlin ISD personnel or contracted service provider will offer consultative support for

instructional staff of students using AT devices (communication device, portable tablet computer, etc.).

Consultation support will include:

AT Training (for instructional staff) provided for 30 minutes per year and may consist of

An overview of the device, including implementation strategies for classroom/school

environment

Providing resources for further trainings (website, Region 10, vendor contact information

or website address-which can be found on the device)

Documentation of AT training on the schedule of services page

Brief statement of service as part of the student’s reevaluation.

a) AT Device Repairs - Device repairs are the sole responsibility of the device owner. Marlin ISD

is not responsible for repairs on personal devices.

b) AT Device Replacements - Marlin ISD will provide an appropriate replacement as an interim

solution (communication booklet, static display device) during the repair period.

Marlin ISD Special Education Operating Guidelines Page 85 Revised 10/20/2014

G. Classroom Accommodations

Accommodations are defined as the provisions made in the delivery of instruction in order for a

student to access and/or demonstrate learning in a content area.

Accommodations should be individualized and routinely, effectively, and independently (as

appropriate) used during classroom instruction and testing. Data regarding the use of accommodations,

such as observational reports and/or assignment/test scores with/without the use of accommodations

should be collected and analyzed on a regular basis to determine (a) if the accommodations are being

implemented as specified by the student’s ARD Committee and (b) if the student is benefitting from the

use of the accommodations.

H. Participation in State/District Assessments

Prior to selecting an assessment instrument, the student’s ARD Committee must be knowledgeable

regarding all assessment options, including the characteristics of each assessment and the potential

implications of each assessment choice. This information is located in the ARD Committee Manual for the

Texas Assessment Program, available at http://www.tea.state.tx.us/student.assessment/ard/.

Decisions regarding assessments should be made by the ARD Committee and should be based on

the instruction the student is receiving and the modifications and/or accommodations the student requires in

order tobe successful. School personnel should analyze data prior to making recommendations regarding

state assessments. If modified/alternate assessments are being considered, ARD Committees must use the

STAAR Alternate Participation Requirements document to verify that the student meets all participation

requirements. Assessment decisions should not be made solely on the disability category or placement.

The IEP must include a statement of any individual appropriate and allowable accommodations in

the administration of statewide assessment instruments or district wide assessments of student achievement

(if the district administers such optional assessments) that are necessary to measure academic achievement

and functional performance of the student on the assessments.

Marlin ISD will select accommodations that are appropriate to the needs of each student and that

accurately reflect student achievement. Accommodations for functional performance will not be addressed

if the assessment does not address functional performance. In selecting accommodations, Marlin ISD will

consider the conditions under which a student learns best in a normal learning environment, including levels

of support, presence of a paraprofessional and presentation of material (auditory, visual, etc.).

The ARD Committee should also include in the IEP, if appropriate, documentation regarding a

student’s current interpersonal skills level and preferred functional communication system/modes (i.e., sign,

oral language, picture exchange system, etc.) when considering alternate assessments and

accommodations.

If the ARD Committee determines that the student will not participate in a general statewide

assessment or district wide assessment of student achievement (or part of an assessment), the IEP must

include a statement of

Why the student cannot participate in the regular assessment and

Why the particular alternate assessment selected is appropriate for the student

Marlin ISD Special Education Operating Guidelines Page 86 Revised 10/20/2014

In making decisions regarding assessments, the ARD Committee should annually

Review the student’s current information to determine the student’s present level of functioning

Determine how the student accesses TEKS instruction and the student’s level of performance on

the grade-level curriculum for his/her enrolled grade level

Determine the appropriate assessment for the student

Document the appropriate assessment and all allowable or approved accommodations that the

student will need during testing

Note: Copies of the student’s results on statewide assessment will be maintained in the student’s audit file.

The following guidelines must be considered when selecting statewide assessment instruments

1. STAAR

The student is accessing the grade-level TEKS curriculum with or without allowable

accommodations.

A four-hour time limit has been established for both the STAAR grades 3-8 assessments and the

EOC assessments. Extended time accommodations for students with unique learning needs or

circumstances is available and should be documented in the student’s IEP.

2. STAAR – A

The student is accessing the grade-level TEKS curriculum with allowable accommodations.

A four-hour time limit has been established for both the STAAR grades 3-8 assessments and the EOC

assessments. Extended time accommodations for students with unique learning needs or circumstances is

available and should be documented in the student’s IEP

3. STAAR-Alternate

If STAAR-Alternate or EOC-Alternate is being considered, the student’s ARD Committee must review

the four criteria below and provide evidence that the student meets each criterion.

The student’s ARD Committee has determined that, based on evaluation information performed by a

qualified evaluation team, the student has a significant cognitive disability. The significant cognitive

disability must affect the student’s intellectual potential and be documented as such in the student’s

IEP. A student with a significant cognitive disability has limited potential to reach grade-level

expectations.

The student requires specialized supports to access the state-mandated grade-level curriculum and

environment. The student needs specialized academic instruction as well as support throughout the

day in areas such as expressing his or her needs, getting from place to place, eating lunch,

negotiating social situations and/or taking care of personal needs.

The student requires intensive, individualized instruction in a variety of instructional settings. The

student needs specialized academic instruction and techniques over a period of time to ensure that he

or she can learn, retain information and transfer skills to other settings.

Marlin ISD Special Education Operating Guidelines Page 87 Revised 10/20/2014

The student accesses and participates in the grade-level TEKS through prerequisite skills that are

linked to the grade-level curriculum.

If the student’s ARD Committee agrees that the student meets the criteria described above, the following

assurances must be initialed by principal/assistant principal in order for the student to participate in

STAAR-Alternate or EOC Alternate.

If the ARD Committee determines that the student will take STAAR-Alternate or EOC Alternate,

the IEP must provide a statement of why the student cannot participate in the general assessment

(STAAR) with or without accommodations and why an alternate assessment is appropriate for the

student, including that all of the eligibility criteria are met.

The decision to administer the STAAR-Alternate or EOC Alternate is based on multiple sources of

measurable, objective evidence, including, but not limited to, current IEP PLAAFP statements,

goals and/or objectives, report cards, progress reports, work samples, teacher observations, Full and

Individual Evaluation (FIE) results, standardized achievement test results and classroom, district and

statewide assessment results. The decision is not based solely on the student’s previous performance

on a statewide assessment.

The decision to administer the STAAR-Alternate or EOC Alternate is made by the ARD

Committee, not administratively based on federal accountability requirements that limit the number

of students taking alternate assessments who can be counted as proficient in Adequate Yearly

Progress (AYP) performance calculations. Although alternate assessments are intended for a small

number of students, the proficiency caps do not limit the number of students receiving special

education services who may take an alternative assessment.

The decision to administer the STAAR-Alternate or EOC Alternate is based on the student’s

educational need and the instruction the student is receiving. The decision is not based solely on the

student’s disability category and is not based on the student’s racial or economic background,

excessive or extended absences or amount of time or location of service delivery.

The student’s ARD Committee must also provide one of the following assurances.

For a student in elementary or middle school, the Committee understands that instructional and

assessment decisions made now may impact a student’s graduation options when he or she is in high

school or

For a student taking end-of-course assessments, the student is enrolled in a course being considered

for STAAR-Alternate that has a PEIMS course number indicating that the coursework is accessed

through prerequisite skills. Coursework accessed through prerequisite skills results in the student

graduating on the Minimum High School Program (MHSP). Students who graduate on the MHSP

are not eligible for automatic admission into a Texas four-year university and scholarship

opportunities may be limited.

Note: High school students are required to participate in all EOC-Alternate assessments at some time

during high school. The ARD Committee can determine which courses and corresponding assessments will

be taken in a given year.

Marlin ISD Special Education Operating Guidelines Page 88 Revised 10/20/2014

4. Accelerated Instruction

For students in grades 3 through 8 who do not perform satisfactorily on STAAR or EOC, the ARD

student’s Committee will determine the manner in which the student will participate in an accelerated

instruction program.

For students receiving special education services, the IEP serves as the accelerated instruction

plan. When determining the type of accelerated instruction needed, the ARD Committee must compare a

student’s test results with his or her IEP to make sure areas of weakness identified on the test align with

the goals and objectives in the IEP. A continuation of the student’s current IEP goals and areas of need

may be an appropriate type of accelerated instruction. Accelerated instruction may require participation of

the student before or after normal school hours and may include participation at times of the year outside

normal school operations.

Note: An ARD Committee meeting must be convened if the accelerated instruction plan involves a

change in placement.

5. Intensive Program of Instruction

Marlin ISD offers an intensive program of instruction to a student who does not perform

satisfactorily on a statewide assessment instrument, including an end-of-course assessment, or who is not

likely to receive a high school diploma before the fifth school year following the student's enrollment in

grade nine, as determined by the district.

The student’s ARD Committee is responsible for designing a program that enables the student to

attain a standard of growth based on his/her IEP and, if applicable, to meet the SSI requirements described

below.

6. Student Success Initiative (SSI) Grade Advancement Requirements

The Student Success Initiative (SSI) consists of several components including grade advancement

requirements for reading and mathematics for students in grades 5 and 8.

Students who are assessed using STAAR and EOC are subject to SSI grade advancement

requirements. Students assessed through STAAR-Alternate or EOC-Alternate are not subject to SSI grade

advancement requirements because multiple testing opportunities are included in the STAAR-Alternate

and EOC-Alternate process. LEP-exempt students are not subject to SSI requirements. However, non-

exempt English Language Learners taking STAAR or EOC, in English or Spanish are subject to SSI

requirements.

Under the SSI grade advancement requirements, a student who takes STAAR or EOC is allowed

three testing opportunities to meet the passing standard. If the student does not meet the passing standard,

a Grade Placement Committee (GPC) is convened to develop an Accelerated Instruction Plan (AIP) and

make promotion decisions for the student.

The student’s ARD Committee will serve as the Grade Placement Committee (GPC) for special

education students in grades 5 and 8 who are not successful on the first, second or third administration of

the STAAR or EOC. The GPC is responsible for (a) determining appropriate accelerated instruction that

must be provided to the student before the third test administration, (b) considering parent appeals and

Marlin ISD Special Education Operating Guidelines Page 89 Revised 10/20/2014

other relevant information and (c) developing a plan for the accelerated instruction the student shall

receive during the next school year, regardless of whether the student is promoted or retained. Decisions

regarding grade placement do not have to be unanimous, but must follow the general rules governing

ARD Committee decision-making.

STAAR or EOC

If a student does not meet the passing standard on the first test administration, the school must

document the accelerated instruction needed either through an agreement to amend the student’s IEP or

through an ARD Committee meeting. The student participates in the second test administration.

If the student does not meet the passing standard for a second time, then the school must document

additional accelerated instruction either through an agreement to amend the student’s IEP or through an

ARD Committee meeting. The ARD Committee may determine at that time that (a) the student will not

participate in the third test administration and (b) whether the student will be promoted or retained.

If the student participates in the third test administration and does not meet the passing standard,

then the ARD Committee will determine whether the student will be promoted or retained. This decision

does not have to be unanimous but must follow the general rules governing ARD Committee decision-

making.

7. Limited English Proficient (LEP) Students Receiving Special Education Services

When a student served through special education is limited English proficient, the student’s ARD

and Language Proficiency Assessment (LPAC) Committees are required to collaborate to ensure that issues

related to both the student’s disability and language proficiency are carefully considered.

Depending on the amount of English they have acquired, some LEP students may take the Spanish

version of STAAR. Other LEP students may qualify for an LEP exemption from STAAR. Students who

qualify for an LEP exemption will participate in linguistically accommodated testing (STAAR-L) in certain

grades and subjects. LEP students who are not eligible for an LEP exemption should be assessed using

STAAR, including the STAAR™-Alternate.

Additional information is available at: http://www.tea.state.tx.us/student.assessment/admin/rpte/index.html.

8. FITNESSGRAM

The FITNESSGRAM is a state required assessment that measures aerobic capacity, body

composition, muscular strength, endurance and flexibility through the use of criterion-referenced

standards specific to a student’s age and gender. All students in grades 3-12 who are enrolled in a

Physical Education course or an approved Physical Education course substitution are required to

participate in the FITNESSGRAM.

A student receiving special education services should not be restricted from participating in the

physical fitness assessment based solely on the student’s eligibility for special education services. Some

students with disabilities will require accommodations or modifications to the assessment based on the

individual student’s disability. These accommodations or modifications should be addressed by the

student’s ARD Committee.

Marlin ISD Special Education Operating Guidelines Page 90 Revised 10/20/2014

A student can be completely or partially exempt from the six test items required for assessment with

the FITNESSGRAM assessment instrument based on the conditions of their disability.

Only students who meet the following requirements must be restricted from participation:

Permanent Restriction: A member of the healing arts licensed to practice in Texas must provide

the school written documentation concerning the nature of the impairment and the expectations for

physical activity for the student

Temporary Restriction: A member of the healing arts licensed to practice in Texas must provide

written documentation concerning the nature of the temporary impairment and the expected

amount of time for recovery.

The healing art includes any system, treatment, operation, diagnosis, prescription or

practice to ascertain, cure, relieve, adjust or correct a human disease, injury or unhealthy or

abnormal physical or mental condition. A person who uses his/her name on a written

professional identification, including a sign, pamphlet, stationery or letterhead or a person who

uses his/her signature as a professional identification shall designate the healing art the person

is licensed to practice. These designations include a person who is licensed by one of the

following entities:

Texas State Board of Medical Examiners and holds a doctor of medicine or a doctor of

osteopathy degree

State Board of Dental Examiners

Texas State Board of Chiropractic Examiners

Texas Optometry Board

Texas State Board of Podiatric Medicine

I. Statewide Assessment Accommodations

In determining the most appropriate accommodations for statewide assessments, the student’s

ARD Committee must determine which of the classroom accommodations currently provided for the

student are allowable for use on statewide assessments. The Committee must then determine if the student

meets eligibility requirements, if any, for the proposed accommodation. A brief summary of available

accommodations appears below.

The most recent list of allowable procedures and materials that are available to all students can be

found at http://www.tea.state.tx.us/student.assessment/accommodations/staar-telpas/.

1. Type 1 Accommodations

These accommodations are available for students who have a specific need and who routinely,

independently and effectively use the accommodation during classroom instruction and testing. An

Accommodations Request Form is not required.

Individualized Structured Reminders

Amplification Devices

Projection Devices

Manipulating Test Materials

Oral/Signed Administration

Spelling Assistance

Marlin ISD Special Education Operating Guidelines Page 91 Revised 10/20/2014

Math Manipulatives

Calculation Devices

Basic Transcribing

Supplemental Aids

Extra Time

Large Print

Dictionary

Braille

2. Type 2 Accommodations

The use of Type 2 accommodations during statewide assessments requires the submission of an

Accommodation Request Form. The student’s ARD Committee must verify that the student meets all of

the specified eligibility requirements. The request must be received by TEA at least one week prior to

testing and approved by TEA before the student can use the accommodation on the statewide assessment.

Any accommodation that requires an Accommodation Request Form must be documented in the student’s

ARD paperwork as “pending TEA approval

Complex Transcribing

Math Scribe

Photocopy

Extra Day

Other

Additional, detailed information regarding statewide assessment accommodations is available at:

http://www.tea.state.tx.us/student.assessment/accommodations/staar-telpas/

Frequency, Duration, Location of Services

The student’s IEP must include information about the amount of services that will be provided so that the

level of Marlin ISD’s commitment of resources will be clear to parents and other ARD Committee

members. The ARD Committee is responsible for documenting in the student’s IEP the projected date for

the beginning of services and the anticipated frequency, location, and duration of those services.

Requirements for documenting the provision of related services include

Frequency: Describes how often the student will receive the service(s), e.g., number of times per

day or week. If the service is provided less than daily then the conditions for the provision of

service must be clearly specified within the ARD documents using a weekly reference (ex: 1

hour per week, 30 minutes every two weeks)

Duration: Describes how long each “session” will last (number of minutes) and when the

services will begin and end (starting and ending dates)

Location: Describes where the services will be provided (in the general education classroom or

another setting such as a special education resource room)

Additional information regarding frequency, duration and location is available at:

http://www.tea.state.tx.us/index2.aspx?id=2147496881

Marlin ISD Special Education Operating Guidelines Page 92 Revised 10/20/2014

Note: Students with disabilities must have available an instructional day commensurate with that of

students without disabilities. The ARD Committee will determine the appropriate instructional setting and

length of day for each student.

J. Consideration of Special Factors

The IEP should document consideration of special factors including

The communication needs of the student and

In the case of a student with limited English proficiency, the language needs of the student as

those needs relate to the student’s IEP and

In the case of a student whose behavior impedes his/her learning or that of others, consideration

of positive behavioral interventions, strategies, and supports to address that behavior

K. Transition Services

Transition Services begins no later than the first IEP to be in effect when the student turns 14, or

younger if determined appropriate by the ARD Committee. Transition services means a coordinated set of

activities for a student with a disability that

Is designed to be within a results oriented process, that is focused on improving the academic and

functional achievement of the student with a disability to facilitate the student’s movement from

school to post-school activities, including postsecondary education, vocational education, integrated

employment (including supported employment), continuing and adult education, adult services,

independent living, or community participation

Is based on the individual student’s needs, taking into account the student’s strengths, preferences,

and interests; and includes

Instruction

Related services

Community experiences

The development of employment and other post-school adult living objectives and

If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation

1. Development of a Coordinated Set of Activities

Transition services may be special education, if provided as specially-designed instruction, or a related

service, if required to assist the child with a disability to benefit from special education. The ARD

Committee must consider the following issues in the development of the IEP and, if appropriate, integrate

into the IEP

Appropriate student involvement in the transition to life outside the public school system

If the child is younger than 18 years of age, appropriate parental involvement in the child's transition

If the child is at least 18 years of age, appropriate parental involvement in the child's transition, if

the parent is invited to participate by the adult student or the Marlin ISD

Any postsecondary education options

A functional vocational evaluation

Employment goals and objectives

If the child is at least 18 years of age, the availability of age-appropriate instructional environments

Independent living goals and objectives and

Appropriate circumstances for referring the child or the child's parents to a governmental agency for

services

Marlin ISD Special Education Operating Guidelines Page 93 Revised 10/20/2014

2. Development of Postsecondary Goals

The ARD Committee must develop appropriate measurable postsecondary goals based upon age-

appropriate transition assessments related to

Training

Education

Employment

Independent living skills, if appropriate

The ARD Committee must determine transition services, including courses of study, needed to assist

the child in reaching those postsecondary goals.

3. Transfer of Rights

On or before a student’s 17th

birthday, the district will verify and document that the student and his/her

parents have been notified that all rights accorded to the parent will be transferred to the student at age 18.

To ensure compliance with this requirement, Marlin ISD will routinely notify 16-year-old students in

writing of this transfer of rights.

The ARD Committee must include within the IEP, a statement that the student has been informed that,

unless the student’s parent or other individual has been granted guardianship or secured power of attorney

of the student under the Probate Code, Chapter XIII, all rights granted to the parent under IDEA, other than

the right to receive any notice under IDEA-B, will transfer to the student upon reaching the age of 18.

Note: All rights accorded to the parents transfer to students who are incarcerated in an adult or juvenile,

state or local institution, unless the parent or other individual has been granted guardianship or power of

attorney under Probate Code, Chapter XIII.

4. Adult Students

After the student reaches the age of 18, Marlin ISD will provide any notice required under IDEA to

both the adult student and the parent. This notification should be separate and distinct from the requirement

that the student’s IEP include a statement relating to the transfer of parental rights at least one year before

the student reaches the age of 18. The notification must include a statement that parental rights have been

transferred to the adult student and provide contact information for the parties to use in obtaining additional

information.

A notice that is required to be given to an adult student and his/her parent(s) does not create a right

for the parent to consent to or participate in the proposal or refusal to which the notice relates. For example,

a notice of an ARD Committee meeting does not constitute an invitation, or create a right for, the parent to

attend the meeting. However, the adult student or Marlin ISD may invite individuals who have knowledge

or special expertise regarding the student, including the parent.

Marlin ISD Special Education Operating Guidelines Page 94 Revised 10/20/2014

L. Graduation

Graduation under the Recommended High School Program requires 26 minimum credits. The

ARD Committee of high school students receiving special education services may request a waiver from

the Recommended High School Program at any time during the student’s high school years.

Students receiving special education services may graduate and be awarded a regular high school

diploma if one of the following criteria is met:

The student has satisfactorily completed the state or district’s, whichever is greater, required

standards in the TEKS and credit requirements for graduation, under the recommended or

distinguished achievement high school programs applicable to students in general education and

has passed the required statewide assessments. Graduation with a regular high school diploma

under the recommended or distinguished achievement high school programs terminates the

child's eligibility for special education services

The student has satisfactorily completed the state or district’s (whichever is greater) curriculum

and credit requirements for graduation under the minimum high school program and has

participated in the required statewide assessments. The ARD Committee determines whether

satisfactory performance on the required state assessments is necessary for graduation.

The student has satisfactorily completed the state or district’s (whichever is greater) required

standards through courses, one or more of which contain modified content, that are aligned to

the standards required under the minimum high school program, including participation in

statewide assessments. The student’s ARD Committee will determine whether satisfactory

performance on the required state assessments is necessary for graduation. The student must also

successfully complete his/her IEP and meet one of the following conditions, consistent with the

IEP

o Full-time employment based on the student’s abilities and local employment

opportunities, in addition to sufficient self-help skills to maintain the employment

without direct and on-going educational support from the school district

o Demonstrated mastery of specific employability skills and self-help skills (those skills

directly related to the preparation of students for employment, including general skills

necessary to obtain or retain employment) which does not require direct on-going

educational support of Marlin ISD or

o Access to services which are not within the legal responsibility of public education, or

employment or educational options for which the student has been prepared by the

academic program

A student receiving special education services may also graduate and receive a regular high

school diploma if the ARD Committee determines the student

o No longer meets age eligibility requirements and

o Has completed the requirements specified in his/her IEP.

A student who graduates and receives a diploma based on successful completion of the IEP

conditions described above (or the parent of that student) can request that services be resumed. The ARD

Committee must determine needed educational services as long as the student meets age eligibility

requirements.

Note: Texas Administrative Code requires that “credit for courses for high school graduation may be earned

only if the student received a grade which is the equivalent of 70 on a scale of 100, based in the essential

knowledge and skills for each course” There are no exceptions provided for students with disabilities. The

Marlin ISD Special Education Operating Guidelines Page 95 Revised 10/20/2014

student’s ARD Committee may apply the 70% minimum standard to general education content that has

been modified to address the student’s unique needs. Modification of course content may impact the coding

on the student’s Academic Achievement Record (AAR).

M. Modified or Alternate Content Courses

Unique codes exist for use in the event that an ARD Committee determines that content for certain

required foundation subject courses must be modified or consist of alternate content alighted with the

TEKS in order for the student to be successful in those courses. These courses are limited to those courses

for which a STAAR™ EOC exam exists.

N. Personal Graduation Plan

Marlin ISD principals will designate a guidance counselor to develop and administer a personal

graduation plan for each student enrolled in a middle or high school who does not perform satisfactorily

on a state-wide assessment instrument or is not likely to receive a high school diploma before the fifth

year following the student’s enrollment in grade level nine, as determined by the district. The plan must

(a) identify educational goals for the student, (b) include diagnostic information, (c) include an intensive

program of instruction, (d) address participation of the student’s parent or guardian and (e) provide

innovative methods to promote the student’s achievement.

Note: A student’s IEP may serve as the student’s personal graduation plan.

O. Summary of Performance

The school district must provide a summary of performance for a student whose eligibility

terminates due to (a) graduation with a regular diploma or (b) exceeding age eligibility, In developing the

summary of performance, the district must consider, as appropriate, the views of the parent and student

and written recommendations from adult service agencies on how to assist the student in meeting his/her

postsecondary goals.

The summary of performance must contain

A summary of the student’s academic achievement

A summary of the student’s functional performance and

Recommendations on how to assist the student in meeting his/her postsecondary goals

For students who graduate due to successful completion of the IEP, a Full and Individual Evaluation

(FIE) must be provided and included as part of the summary of performance. The FIE and summary of

performance are not required for students who participate in graduation ceremonies and receive a

certificate of attendance, but remain in school to complete graduation requirements.

P. Certificate of Attendance

Marlin ISD must issue a certificate of attendance to a student who receives special education

services and who has completed four years of high school but has not completed the student’s IEP. Marlin

ISD will allow a student who receives a certificate of attendance to participate in a graduation ceremony

with students who are receiving high school diplomas. Participation in the ceremony does not preclude

the student from meeting graduation requirements and receiving a diploma at a later date as long as the

student continues to meet age eligibility for special education services.

Marlin ISD Special Education Operating Guidelines Page 96 Revised 10/20/2014

Note: A student may participate in only one graduation ceremony to receive a certificate of attendance.

Q. Determining Placement

Placement decisions are made by the ARD Committee. The ARD Committee must ensure that the

student is served in the Least Restrictive Environment (LRE) and must provide an explanation regarding the

extent to which the student will not participate with nondisabled students in the regular education

environment. The student’s placement

Is determined at least annually

Is based on the student’s IEP

Is as close as possible to the student’s home, unless the parent agrees otherwise.

Unless the IEP of a student with a disability requires some other arrangement, the student is educated in

the school that he or she would attend if nondisabled, unless the parent agrees otherwise.

In selecting the LRE, consideration is given to any potential harmful effect on the student or on the

quality of services that he or she needs.

A student with a disability shall not be removed from education in age-appropriate regular classrooms

solely because of needed modifications to the general education curriculum.

1. Guidelines for Determining Least Restrictive Environment (LRE)

The following questions should be posed in determining whether the student is being served in the LRE

Can education in the general classroom, with the use of supplementary aids and services be achieved

satisfactorily for the student?

What steps has Marlin ISD taken to accommodate the student with disabilities in the

general education classroom?

Has the student been successful as a result of these accommodations?

Will the student receive educational benefit from general education?

What effect does the presence of the student with disabilities have on the other

students in the general education classroom?

If education in the general education classroom cannot be achieved satisfactorily, determine whether

the student has been included in general education environment(s) to the maximum extent appropriate.

R. ARD Procedures

1. Exclusionary Clause

The term “meeting” does not apply to informal or formal conversations involving Marlin ISD

personnel and conversations on issues such as teaching methodology, lesson plans or coordination of

service provisions if those issues are not addressed in the student’s IEP. A meeting does not include

preparatory activities that Marlin ISD personnel engage in to develop a proposal or response to a parent

proposal that will be discussed in a later meeting.

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2. Meeting Notification

The district LSSP/diagnostician is responsible for scheduling the ARD Committee

meeting. Responsibilities include, but are not limited to:

Checking with the campus to determine a mutually agreeable day and time when necessary ARD

Committee members, including the parent/adult student, are available.

Notifying parents of the ARD Committee meeting at least 10 days prior to the scheduled meeting.

Notifying campus-based members of the ARD Committee of the established date and time at least

10 days prior to the scheduled meeting.

Note: The parent must legally receive the notice a minimum of five (5) school days prior to the

meeting. The parent may waive the five-day notice period. The parent must document his/her agreement

by checking the waiver box on the signature page of the invitation.

3. Rescheduling the Meeting

Every effort should be made to ensure parent attendance at ARD Committee meetings. If the parent

cannot be present at the designated time and wants to attend the meeting, the student’s case manager will

reschedule the meeting. The department will immediately notify the school-based members that the

meeting has been rescheduled.

It is expected that parents attend ARD Committee meetings. However, if the parent cannot attend

the ARD Committee meeting, the committee may proceed with the meeting as scheduled. Parents should

be encouraged to participate via conference call if they cannot attend in person. The parent must indicate in

writing on the ARD notice or verbally over the phone that the committee meeting may proceed without him

or her. Parental permission to proceed, including date and time of conversation and name of parent

contacted will be documented in the ARD deliberations.

S. Responsibilities of ARD Committee Members

1. Principal/Assistant Principal Responsibilities

Be aware of district resources

Ensure all required members are present

Appoint a recorder to be responsible for completing deliberations (taking minutes)

Follow Marlin ISD ARD Agenda

Welcome the parent/guardian

Introduce the members of the ARD Committee

State the purpose of the meeting and review agenda, including beginning and ending times

Review ground norms

Adjourn the meeting

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2. Case Manager Responsibilities

a) Prior to the ARD Committee Meeting

Gather input from special education and regular education teachers who will not be attending

the meeting

Ensure that the following documents are available at annual ARD Committee meetings:

A draft copy of all necessary ARD paperwork, including PLAAFP, annual goals,

including supporting short-term objectives if the student is being assessed using

alternate achievement standards/receiving modified instruction in the TEKS as well

as accommodations

A copy of the most recent confidential student reports (STAAR, EOC STAAR-

Modified, STAAR-Modified, STAAR™-Alternate, EOC-Alternate) to be attached

to the annual ARD report

A copy of any curriculum-based assessments and/or competency testing showing

current levels of academic, behavioral, and functional performance

Documentation of parent contact prior to ARD Committee meeting

Any additional documentation appropriate for planning for the educational needs of

the student (e.g., discipline reports, attendance record, work samples, etc.).

b) During the ARD Committee Meeting

Ensure all ARD paperwork is complete

Share student information with ARD Committee

Follow the Marlin ISD ARD agenda for all members of the ARD Committee

c) After the ARD Committee Meeting

Make any necessary copies for campus personnel

Provide a current copy of all relevant sections of the student’s IEP, to all

individuals involved in implementing the student’s IEP, including the school

counselor, if applicable with any explanation needed to ensure implementation

Ensure teachers have signed Acknowledgement of Receipt form and place

completed forms in case management notebook.

3. Evaluator Responsibilities

Verify that the district’s copy of the returned ARD invitation has been signed by the parent and that

the appropriate boxes are marked and waive five (5) school day notice of ARD

Verify demographic information by double-checking that the address and telephone numbers in the

special education records are current and correct—if incorrect, notify registrar/ADA

Give the parent/guardian/adult student the Notice of Procedural Safeguards and review, if necessary

(annual provision requirements)

Provide ARD agendas for all members of the student’s ARD Committee

Follow the Marlin ISD ARD agendas for all members of the ARD Committee

Ensure all required decisions/agenda items are addressed

For initial ARD Committee meetings, ensure that the parent has signed Consent for Initial

Placement

Interpret evaluation results and the impact of those on the student’s instruction

Review existing data for purpose of considering reevaluations and additional evaluations

Ensure that initial Consent for Placement has been signed by parent, if the parent is in attendance

Marlin ISD Special Education Operating Guidelines Page 99 Revised 10/20/2014

Ensure a copy of updated IEP goals and objectives are attached to the ARD Committee meeting

report

Provide a final copy of the ARD paperwork to parents after the ARD Committee meeting has been

adjourned

If the parent did not attend the ARD meeting, compile all papers, including any evaluation reports,

and mail them to the parent in a sealed envelope marked “CONFIDENTIAL” or send the papers

home with the student if the parent gives permission

File ARD paperwork in the original audit folder housed at the campus

4. Central Staff Responsibilities

Attend staffing associated with complex ARD Committee meetings and/or sensitive issues

Attend ARD Committee meetings when there is possible or pending litigation

Attend ARD Committee meetings when previous attempts to resolve issues between the parent

and campus staff have not been successful

T. Reevaluation ARD Committee Meeting

Review of all Existing Evaluation Data (REED) reports should take place at the annual ARD

Committee meeting held during the calendar years prior to the date of the 3rd

anniversary of the last Full

and Individual Evaluation (FIE). In addition, some specific circumstances may arise that require an ARD

Committee to request additional evaluation, such as related services and/or psychological evaluations.

If the student is due for a reevaluation in any area during the calendar year following the annual

ARD Committee meeting, the following procedures will be followed:

If the student qualifies for special education services as a student with a specific learning

disability (SLD), intellectual disability (ID), other health impairment (OHI) – medical

condition, orthopedic impairment (OI), traumatic brain injury (TBI), or multiply impaired

(MD) prior to the annual ARD Committee meeting, the special education evaluator will review

prior testing and current educational records to determine if additional testing is needed to

establish continued eligibility for special education services.

If the student is due for a reevaluation for OHI—attention deficit disorder (ADD or ADHD),

emotional disturbance (ED), and/or autism (AU), the diagnostic specialist/LSSP will review

records and make recommendations for necessary reevaluation to determine continued

eligibility. LSSPs will also make recommendations for any further testing needed to establish

continued need for counseling as a related service.

If the student is due for a reevaluation for a visual impairment (VI) or an auditory impairment

(AI), the special education evaluator will notify the VI and/or AI teacher to review records and

make recommendations for necessary reevaluation to determine eligibility for special

education services.

If the student is due for a reevaluation for speech and/or language impairment (SI), the speech-

language pathologist will review records and make recommendations for necessary

reevaluation to determine eligibility for special education services.

If a student is due for a reevaluation for any related services (OT, PT, IHT, AT) the special

education evaluator will notify the appropriate service provider to obtain recommendations for

any further testing needed to establish continued need for such services.

Once all recommendations are gathered, the special education evaluator will draft the REED.

Marlin ISD Special Education Operating Guidelines Page 100 Revised 10/20/2014

If, after reviewing the data, the ARD Committee determines that no additional data are needed to

establish eligibility for special education services, the date of the new FIE becomes the date of the

ARD. In such cases, the special education evaluator will complete a new eligibility report and submit

it with the ARD Committee report to be filed in the state audit folder.

U. Disability-Specific ARD Committee Meetings

1. Arena Evaluation for 3 and 4 Year Old Students New to Marlin ISD without an Established

Eligibility

Before the ARD Committee meeting is held, the student is evaluated by Marlin ISD personnel. A

screening may be done to determine whether further testing is warranted and if an intake meeting

will be held with the parents. If an intake meeting is held, the parents will be provided with

Procedural Safeguards and the Guide to the ARD Process booklet and will be asked to bring

referral information and to complete the appropriate paperwork.

Following the intake meeting, the student is scheduled for evaluation by the appropriate Marlin

ISD personnel. The evaluation team may include any or all of the following:

Diagnostician

Speech-Language Pathologist

Licensed Specialist in School Psychology (LSSP)

Preschool Programs for Students with Disabilities (PPCD) Teacher

Related Services Personnel, as needed

The evaluation team meets and, based on the information gathered during the evaluation, makes a

proposed eligibility/placement recommendation and discusses the recommendation with the

parent.

A combined report is developed and sent to the parent for review and discussion with members of

the evaluation team, if necessary. The report is also sent to the diagnostician at the student’s home

campus so that an ARD Committee meeting can be scheduled.

The PPCD Lead Teacher and/or Speech-Language Pathologist (members of the student’s

evaluation team) develop draft IEP goals, complete Present Levels of Academic Achievement and

Functional Performance (PLAAFP) statements and recommend accommodations based on

evaluation data. This information is also provided to the home campus diagnostician to share with

the student’s parents during the ARD Committee meeting.

Campus-based members of the ARD Committee are responsible for the following:

Explaining the evaluation report

Reviewing the draft IEP

Ensuring that the parent understands the draft IEP and has the opportunity to ask questions

Ensuring that the parent has the opportunity to provide input regarding the draft IEP

Ensuring that the parent understands that his/her input is important and valued by other

members of the ARD Committee

Note: Students ages 3, 4 and 5 who are new to Marlin ISD and are transferring from a public school

special education preschool program will follow transfer student procedures.

2. ARD Committee Meetings for a Student with an Auditory Impairment

For a student with an auditory impairment, the ARD Committee report should document that the

following were considered.

The student’s language and communication needs and

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Opportunities for direct communications with peers and professional personnel in the student’s

language and communication mode and

The student’s academic level(s) and

The student’s full range of needs, including opportunities for direct instruction in the student’s

language and communication mode

For students who have an auditory impairment, parents will be provided with written information

about programs offered by the Texas School for the Deaf, including eligibility and admissions

requirements and the rights of students related to admission.

If practicable and not in conflict with any ARD Committee recommendations, a student who is

deaf or hard of hearing must have an education in the company of a sufficient number of peers using the

same language mode and with whom the student can communicate directly. If practicable, the peers must

be of the same or approximately the same age and ability.

Appropriate psychological counseling services for a student who is deaf or hard-of-hearing shall

be made available at the student’s school site in the student’s primary mode of communication. In the case

of a student who is hard of hearing, appropriate auditory systems to enhance oral communication shall be

used if required by the student’s ARD Committee.

In addition to satisfying state and federal requirements for vocational training, Marlin ISD will

develop and implement a plan for the transition of a student who is deaf or hard of hearing if the student is

to be transferred from a special class, center or nonpublic, nonsectarian school into a regular class in a

public school for any part of the school day. The transition plan must provide for activities

To integrate the student into the regular education program, specifying the nature of each

activity and time spent on the activity each day and

To support the transition of the students from the special education program into the regular

education program

For students receiving AI services, the ARD Committee/Individualized Family Service Plan

(IFSP) team documents that the student’s hearing loss severely impairs the processing of linguistic

information even with recommended amplification and that the loss adversely affects educational

performance.

Interpreting services for deaf or hard of hearing students must be provided by certified personnel.

If certification is available, the interpreter must be a certified member of or certified by the Registry of

Interpreters for the Deaf (RID) or the Texas Board for Evaluation of Interpreters (BEI), Department of

Assistive and Rehabilitative Services (DARS), Office for Deaf and Hard of Hearing Services (DHHS).

.

3. ARD Committee Meetings for a Student with a Visual Impairment

For a student with a visual impairment, the ARD/IFSP Committee must include a Certified Teacher of

the Visually Impaired. The ARD Committee report should document that the following were discussed

and/or distributed annually.

List of resources for the visually impaired

Information about the Texas School for the Blind and Visually Impaired, included eligibility,

admission requirements and rights of students relating to admission

Marlin ISD Special Education Operating Guidelines Page 102 Revised 10/20/2014

If a student is functionally blind, documentation that each ARD/IFSP Committee member received

a copy of The Benefits of Braille. Functionally blind means that the student will use tactual media,

which includes braille, as a primary tool for learning.

Parental consent or refusal of consent form for the Texas Education Agency to release student

registration and deaf-blind census data to specified agencies/programs for educational and

statistical purposes. This form should be filed in the student’s audit folder.

Eye report from examination conducted within three years or ARD Committee decision to accept

current eye report

Arrangements for services beyond regular school hours, if needed, to address compensatory skills

(Expanded Core Curriculum-ECC). ECC skills are skills that must be taught to a student with a

visual impairment so he/she can function independently at school/home and in the community.

Assistive technology for the visually impaired recommend in the Learning Media Assessment

conducted by a Certified Teacher of the Visually Impaired

Completed ARD sections that address visual impairment: PLAAFP, VI ARD/IFSP Supplement,

Parts 1 and 2

Accommodations and IEP goals and objectives that address identified needs documented in the

Functional Vision Evaluation/Learning Media Assessment, Orientation and Mobility and ECC

evaluations

In addition, the student’s IEP must provide a detailed description of the arrangements made to provide

Evaluation of the impairment and Instruction in the expanded core curriculum, including

instruction in

Compensatory skills such as braille and concept development and other skills needed to

access the remainder of the curriculum

Orientation and mobility

Social interaction

Career planning

Assistive technology, including optical devices

Independent living skills

Recreation and leisure enjoyment

Self-determination and

Sensory efficiency

Beginning with the 2014-2015 school year, an O&M specialist must be a member of the

multidisciplinary team determining the scope of any reevaluation for a student who is eligible based

on having a visual impairment.

4. ARD Committee Meetings for a Student with Autism Spectrum Disorder

For students with Autism Spectrum Disorder, the following strategies, based on peer-reviewed,

research-based educational programming to the extent practicable and, when needed, shall be addressed in

the student’s IEP.

Extended educational programming

Daily schedules reflecting minimal unstructured time and active engagement in learning

activities

In-home and community-based training or viable alternatives that will assist the student with

acquisition of social/behavioral skills

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Positive behavior support strategies based on relevant information

Beginning at age 14 or younger, future planning for integrated living, work, community and

educational environments that considers skills necessary to function in current and post-

secondary environments

Parent/family training and support provided by qualified personnel with experience in Autism

Spectrum Disorder

Suitable staff-to-student ratio appropriate to identified activities and as needed to achieve

social/behavioral progress based on the student’s developmental and learning level that

encourages work towards individual independence

Communication interventions including language forms and functions that enhance effective

communication across settings

Social skills support and strategies based on social skills assessment/curriculum and provided

across settings

Professional educator/staff support

Teaching strategies based on peer reviewed, research-based practices for students with Autism

Spectrum Disorders

If an ARD Committee determines that the services listed above are not needed, the IEP must

include a statement to that effect and the basis upon which the determination was made.

a) Absences

A student diagnosed with autism spectrum disorder who is not actually on campus at the time

attendance is taken may be considered in attendance for funding purposes if the student is temporarily

absent because of a documented appointment with a health care professional, including a health care

practitioner, to receive a generally recognized service for persons with that disorder. The appointment

must be a face-to-face consultation with a health care professional. A consultation over the phone or via

video (telemedicine) is not considered an appointment with a health care professional.

For an absence to qualify as temporary, the student must begin classes or return to school on the

same day of the appointment. The appointment should be supported by a document, such as a note from

the health care professional.

A health care professional, as defined by §1355.015(b) of the Insurance Code, is a person

Who is licensed, certified or registered by an appropriate agency of the State of Texas

Whose professional credential is recognized and accepted by an appropriate agency of the United

States or

Who is certified as a provider under the TRICARE military health system

Generally recognized services for students with autism spectrum disorder may include

Evaluation and assessment services

Applied behavior analysis

Behavior training and behavior management

Speech therapy

Occupational therapy

Physical therapy or

Medications or nutritional supplements used to address symptoms of ASD

Marlin ISD Special Education Operating Guidelines Page 104 Revised 10/20/2014

Note: Even when a student’s absences are excused, the student must be in attendance for at least 90

percent of the days a class is offered in order to receive credit for that class.

Additional information regarding absences for students with autism spectrum disorder is available at

http://www.tea.state.tx.us/index2.aspx?id=2147505603

V. ARD Committee Meetings for Students Identified as Limited English Proficient

(LEP)

For students with disabilities who are identified as Limited English Proficient (LEP), the ARD Committee

works in conjunction with the Language Proficiency Assessment Committee (LPAC) to determine entry

and exit criteria.

1. ARD Committee/LPAC Collaboration

Representatives from the ARD Committee and the LPAC will meet informally to consider

information regarding the cognitive and linguistic abilities as well as the affective needs of the student.

These joint meetings may occur not only to facilitate a student’s entry into and out of the respective

programs, but also to review progress, determine linguistic accommodations and discuss other issues

related to the student’s IEP.

Under Texas Administrative Code [TAC §89.1225(h)], districts are required to use the exit criteria

represented in the chart titled 2012-2013 English Proficiency Exit Criteria Chart, located at

http://www.tea.state.tx.us/index2.aspx?id=4098&menu_id=720 to exit English language learners (ELLs)

from bilingual/ESL programs. The exit criteria under TAC §89.1225(h) apply to the vast majority of

ELLs who receive special education services. In rare cases, an ELL receiving special education services

may qualify to be exited using criteria permitted under TAC §89.1225(k), which gives special

consideration to an ELL for whom assessments and/or standards under TAC §89.1225(h) are not

appropriate because of the nature of a student’s particular disabling condition.

Recommendations from these informal meetings must be presented at ARD Committee meetings

to ensure that the appropriate considerations regarding second language acquisition in English is

addressed in the development of the student’s IEP.

When it appears that second language acquisition support is no longer needed, key members of the

ARD Committee and the LPAC should identify appropriate oral language, reading and writing

assessments and performance standards to verify that the student no longer needs second language

acquisition support to address learning needs. Recommendations are then considered during a formal

ARD Committee meeting and decisions are made regarding the student’s exit from LEP services.

a) Exiting Students Under TAC §89.1225(k)

When considering whether a student qualifies to exit using the criteria authorized by TAC

§89.1225(k), the following process should be utilized.

i) Step 1: Schedule Meeting to Evaluate Whether Student Potentially Qualifies for Exit - At or near the beginning of the school year, a meeting is to be scheduled between ARD Committee and

LPAC members to discuss whether the student qualifies to exit using criteria under §TAC 89.1225(k).

Marlin ISD Special Education Operating Guidelines Page 105 Revised 10/20/2014

Through this process, a determination is made about the assessments and/or English language

proficiency assessment standards to be used in the exiting process.

This process applies ONLY when one or more assessments and/or English language proficiency

assessment standards under TAC §89.1225(h) are not appropriate for the student in a particular

language domain for reasons directly associated with the student’s disability.

In following this process, refer also to the document titled Guidance Related to ARD Committee

and LPAC Collaboration found at http://www.tea.state.tx.us/index2.aspx?id=2147496923.

This process is to be used to address the needs of an individual student, not groups of students.

Very few students qualify to exit using the TAC §89.1225(k) criteria.

This process must be conducted by key admission, review, and dismissal (ARD) committee

members (including a diagnostician when applicable) and key language proficiency assessment

committee (LPAC) members who are familiar with the student’s current progress and needs,

including one or more teachers with in-depth knowledge of the student’s second language

acquisition and academic achievement.

ii) Step 2: Discuss Evidence of Need for Use of §89.1225(k) Exit Criteria - At the meeting, the

participants discuss the second language acquisition of the student within the context of the individual

student’s disability to consider whether the TAC §89.1225(k) exit criteria are warranted.

Consideration must be IEP-based and must include documented evidence that, because of the

nature of the student’s disability, the student is not expected to attain English language

proficiency in one or more domains and no longer appears to benefit from second language

acquisition support in English to address second language acquisition cognitive, linguistic, and

affective needs (or is expected to reach that point during the school year).

Evidence must include both historical, formal, and informal assessment data and direct teacher

input. Ongoing informal assessment data may come from checklists, inventories, and other

formative evaluations designed to identify the levels of academic functioning and English

language proficiency of the student. The input of a diagnostician may be requested, as

necessary, to help determine whether the TAC §89.1225(k) exit criteria are warranted. Direct

teacher input should provide further insight into the student’s classroom performance and

needs, and should include, if applicable, documentation of response to intervention, anecdotal

notes, and other evidence drawn from sources such as classroom-based observations and

classroom activities.

iii) Step 3: Specify Assessments and English Language Proficiency Test Standards - If, after

reviewing the evidence, the meeting participants conclude that the student no longer benefits from second

language acquisition support in English (or is expected to reach that point during the school year), the

participants review the assessment information in the IEP and make exit criteria recommendations based

on the information below.

Note: Caution should be exercised when considering exit of students in Grades 1-2. It may be premature

in these grades to consider exit due to developmental factors related to emergent language and literacy.

Additionally, in early grades it is often difficult to know the effect of the student’s disability on long-term

prospects for second language acquisition.

Marlin ISD Special Education Operating Guidelines Page 106 Revised 10/20/2014

a) Academic Content Assessments of Reading and Writing

Students in Grades 1-2

Norm-referenced standardized achievement tests are not required for students in grades 1-2

eligible under TAC §89.1225(k).

Students in Grades 3-12

The Texas Education Agency has already modified student performance standards through the

development of modified and alternate forms of the state’s academic content assessments (STAAR

Modified, STAAR Alternate, grade 11 TAKS–M) for eligible students receiving special education

services. Further modification of performance standards on academic content assessments is not

permitted. State-established standards must be used.

Students considered for exit criteria under TAC §89.1225(k) should be those designated to

take STAAR Modified, STAAR Alternate, or grade 11 TAKS−M as determined by the ARD

committee in conjunction with the LPAC. If a rare situation occurs in which the general STAAR

assessment or the exit level TAKS or TAKS (Accommodated) assessment is considered to be the

appropriate academic content assessment for a student who needs modified English language

proficiency standards, consult the education service center bilingual/ESL contacts for guidance.

State-established standards must be used.

b) English Language Proficiency Assessments in Grades 1-12

Modification of English language proficiency assessment standards on a domain-by-domain basis

Any modified standards must be supported by historical data and evidence that the student is not expected

to attain English language proficiency because of factors directly related to the student’s disability and

that the student no longer appears to benefit from second language acquisition support in English to

address second language acquisition cognitive, linguistic, and affective needs (or is expected to reach that

point during the school year).

Selection of appropriate English language proficiency assessments

Listening: TELPAS listening or other OLPT from state-approved list

Speaking: TELPAS speaking or other OLPT from state-approved list

Reading: TELPAS reading or other English language reading proficiency test from state-approved

list

Writing: TELPAS writing or other English language writing proficiency test from state-approved

list, available at: http://www.tea.state.tx.us/index2.aspx?id=2147496923

iv) Step 4: Prepare Documentation - Key members of the ARD Committee and LPAC document the

evidence, recommendation, assessments, and any modified English language proficiency test standards.

v) Step 5: Discuss Recommended Exit Criteria in Formal ARD Committee Meeting- Key members

of the ARD Committee and LPAC present the documentation at a formal ARD committee meeting.

The meeting should take place as early in the current school year as possible or at the end of the

year to be applied the next school year. The meeting must occur prior to the student’s participation

in the identified assessments.

Based on discussion at the formal ARD Committee meeting, the IEP is updated with

documentation of the modified exit criteria if the committee as a whole determines that exit is

anticipated.

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The ARD/LPAC Collaborative Meeting Documentation for LEP Special Exit Supplement will be

used to document the LPAC/ARD Committee process.

vi: Step 6: Determine and Document Whether Student Has Met Modified Exit Criteria - At the end

of the year, the ARD Committee, with key LPAC members, meets to review the assessment results and

subjective teacher evaluation required under TAC §89.1225(h) to determine whether the student has met

the modified exit criteria.

The subjective teacher evaluation must reflect the status of the student following the

administration of the assessments.

This meeting is to be held at the end of the school year, as required by TAC Section 89.1220(g).

This means that an additional ARD committee meeting is necessary for students whose

annual ARD committee meeting is held at a different time.

If the decision is made to exit the student based on the assessment results and subjective teacher

evaluation, the ARD committee finalizes and documents the change in placement or program and

delineates instructional services including the monitoring period for exited students. Furthermore,

as required under TAC §89.1220(l)(1)(H) relating to exit from bilingual education or ESL

services, the LPAC also documents the exit decision in the student’s permanent record file.

Additional information is available at: http://www.tea.state.tx.us/index2.aspx?id=2147496923.

b. LPAC Parent Representatives

Due to the requirements of the Family Educational Rights and Privacy Act (FERPA), care should be taken

to ensure that student confidentiality is protected when discussing special education and LEP issues. The

district has the option of:

Training the parent of the student receiving special education as the LPAC parent representative,

thereby avoiding the issue of student confidentiality or

Notifying parents in its annual FERPA notification that Marlin ISD treats LPAC parent

representatives as school officials with legitimate educational interests in the education records of

students for whom they act as LPAC parent representative or

Obtaining written consent to disclose information from the student’s parent

W. Process for Considering a More Restrictive Environment (MRE)

MRE Eight-Step Process

If a more restrictive environment is being considered for a student, campus personnel must adhere to the

following 8-Step Process.

1. Collect behavior and academic data for at least six weeks.

2. Share documentation with parent/guardian to inform him/her of lack of student progress (progress

reporting)

3. Request assistance from special education personnel.

4. Facilitate student/teacher interviews and classroom observations as needed.

5. Implement recommendations of program personnel and continue to collect data for six weeks.

6. Schedule a follow-up visit at the end of the intervention period. Program personnel will observe,

analyze data and consult with the student’s teacher(s) regarding student progress.

Marlin ISD Special Education Operating Guidelines Page 108 Revised 10/20/2014

7. If data and observation indicate a lack of progress, a change in instructional services may be

appropriate.

8. Schedule an ARD Committee meeting as needed to consider options for special education service

delivery. Contact appropriate learning community personnel to determine the campuses that

should be invited to the ARD Committee meeting.

X. Residential Placements

If placement in a public or private residential program is necessary to provide special education

and related services to a student with a disability, as determined by the ARD Committee, the program,

including non-medical care and room and board, must be at no cost to the parents of the student.

Marlin ISD may contract with an approved public or private facility, institution or agency inside

or outside of Texas to provide services for students with disabilities. Entities within the state of Texas

must maintain current and valid licensure from the Texas Department of Health and Mental Retardation,

Texas Department of Human Services, Texas Department of Health, Texas Department of Protective and

Regulatory Services or Texas Council on Alcohol and Drug Abuse for the disability and age of the

student. If the facility provides any educational services listed in the student’s IEP, the facility’s education

program must be approved by the Texas Commissioner of Education. Approval of the education program

may be for one, two or three years. This approval does not apply to residential facilities which provide

only related services. A list of approved facilities, institutions and agencies is available at:

http://www.tea.state.tx.us/pmi/spedmon/nonpublic.html

If Marlin ISD is considering a residential facility whose education program has not been approved

by the Commissioner of Education, the district must notify TEA in writing of its intent to place a student

at the facility. TEA will begin approval procedures and conduct an on-site visit to the facility within 30

calendar days after notification has been received.

Requests for approval of state and federal funding for residentially placed students are negotiated

on an individual student basis through a residential application submitted by the school district to the

TEA. A residential application may be submitted for educational purposes only. The residential

application will not be approved if the application indicates that

Placement is due primarily to the student’s medical problems

Placement is due primarily to problems in the student’s home

Marlin ISD does not have a plan for the student’s return to the district that includes

timelines and criteria

Marlin ISD did not attempt to implement less restrictive environments prior to residential

placement, except in emergency situations as documented by the student’s ARD

Committee

Placement is not cost effective when compared to other alternative placements and/or

The residential facility provides unfundable/unapprovable services

In making a residential placement, Marlin ISD is responsible for

Initiating and conducting an ARD Committee meeting to develop an IEP for the student, prior

to referral to or placement in the residential facility

Listing the services which the school district is unable to provide

Establishing, in writing, criteria and estimated timelines for the student’s return to Marlin ISD

Marlin ISD Special Education Operating Guidelines Page 109 Revised 10/20/2014

Documenting the appropriateness of the facility (General screening by a regional education

service center is not sufficient to meet this requirement)

Making an initial and annual on-site visit to verify that the residential facility can and will

provide the services listed in the student’s IEP, as agreed

Verifying during the initial placement ARD Committee meeting and each subsequent annual

ARD Committee meeting that

The facility meets minimum requirements for health and safety

Residential placement is needed and is documented in the student’s IEP

The educational program provided at the residential facility is appropriate and the placement is

the least restrictive environment for the student

When a student who is residentially placed by Marlin ISD changes his or her residence to another

Texas school district and continues in his/her contracted placement, Marlin ISD shall be responsible for

the residential contract for the remainder of the school year.

Costs of an approved contract may be paid from a combination of federal, state and local funds.

When a student is placed in a private residential facility primarily for care or treatment reasons in a

facility where Marlin ISD provides an education program, the portion of costs that include appropriate

education services, as determined by the ARD Committee, shall be paid from state and federal education

funds.

Marlin ISD must oversee the implementation of the student’s IEP and shall annually reevaluate

the appropriateness of the arrangement. The facility, institution or agency must periodically report to the

district on the services the student has received or will receive and will provide diagnostic or other

evaluative information that the district requires in order to fulfill its obligations.

Y. Recessed ARD Committee Meeting to Reach Consensus

Decisions made by the ARD Committee are made by consensus—not by a majority vote. If there

are disagreements between school staff members on recommendations for a student, the school-based

members of the ARD Committee should meet prior to the ARD Committee meeting to establish

recommendations on behalf of the student. If school district staff members continue to be in disagreement,

the administrator present at the meeting and acting as the agency representative defines the district’s

position.

Members of the ARD Committee may recess a meeting for reasons other than the failure of the

parent(s) and district to reach mutual agreement about all required elements of the IEP.

If members of the ARD Committee fail to reach consensus, each participating members will be

asked to sign the record of the meeting and indicate whether they agree or disagree with the Committee’s

decision. If there is disagreement, the deliberations must specify the basis for the disagreement. Members

who disagree will be given the opportunity to write and submit their own statements.

Parents who disagree with the ARD Committee’s decision(s) should be offered a ten (10) school-

day recess. Before the meeting is adjourned, the date and time for reconvening the meeting should be

finalized and parents should be provided with written notice of the next meeting. The Director of Special

Education or designee should be notified whenever there is an ARD Committee meeting that has not met

consensus.

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Note: Parents have the right to file a complaint, request mediation, or request a due process hearing at any

point in time when they disagree with the decisions of the ARD Committee.

During the recess, ARD Committee members should consider alternatives, gather additional data,

prepare further documentation and/or locate additional resource persons that may assist them in reaching a

mutual agreement.

When the ARD Committee reconvenes, all relevant information and any new information should

be reviewed. The Committee deliberations should reflect areas of discussion and decisions made. If

consensus still cannot be reached, the parent should sign and check disagree and the recommendation of

the school-based members of the ARD Committee should be implemented. The district must provide the

parent or adult student with prior written notice before the IEP is implemented.

Parents must be provided with a copy of Request for Special Education Due Process Hearing and

Required Notice and Notice of Procedural Safeguards at this time. If applicable, the Notice of Refusal to

Provide Services must be sent to the parent within five school days from the reconvened meeting date.

Note: This recess is not required when the student’s presence on the campus presents a danger of physical

harm to the student or others or when the student has committed an expellable offense or an offense which

may lead to a placement in an alternative education program (AEP).

Marlin ISD Special Education Operating Guidelines Page 111 Revised 10/20/2014

Section 5: Related Services

A. Definition

Related services are defined as transportation and such developmental, corrective, and other

supportive services required to assist a student with a disability to benefit from special education. Related

services include such services as assistive technology services, audiology services, interpreting services,

psychological services, physical and occupational therapy, recreation, counseling, in-home and parent

training, occupational and physical therapy, orientation and mobility services, school health services,

social work services and transportation. Related services do not include cochlear implants or other

medical devices that are surgically implanted, the optimization of device functioning, maintenance of the

device or replacement of the device.

B. Determining the Need for Related Services

Related services are provided based on an educational model to assist the student in achieving his/her

instructional goals. In developing a student’s IEP, the student’s ARD Committee uses evaluation data to

determine the need for specific related services and the frequency, duration and rate of services to be

provided. If a service is provided through consultation with the student’s teacher, the ARD Committee

must document the number of sessions, length of each session and duration of the services. The following

questions must be addressed in determining the need for related services:

1. Does the student need the related services in order to benefit from his/her IEP?

2. What is the educational purpose of the related service?

3. Is there an IEP goal for the related service to support?

C. Audiology

Audiology services include

Identification of students with a hearing loss

Determination of the range, nature and degree of hearing loss, including referral for medical or

other professional attention for habilitation of hearing

Provision of auditory training, lip-reading, hearing evaluation and speech conservation

Creation and administration of programs for prevention of hearing loss

Counseling and guidance of students, parents and teachers regarding hearing loss and

Determination of student’s needs for group and individual amplification, selecting and fitting an

appropriate aid and evaluating the effectiveness of amplifications

D. Counseling

Counseling as a related service may be required for students to benefit from their special education

services and/or to make progress in their IEPs. This service should be considered for eligible students

whose behavioral difficulties impact their ability to benefit from their special education services and/or to

make progress in their IEP. Counseling as a related service does not supplant general counseling services

available to all students. Counseling services are provided by qualified social workers, psychologists,

guidance counselors or other qualified personnel.

Marlin ISD Special Education Operating Guidelines Page 112 Revised 10/20/2014

In Marlin ISD, the recommendation for counseling as a related service may come from a

counseling or psychological consultation, an evaluation specifically for counseling, or a full psychological

evaluation. Counseling services are provided by licensed specialists in school psychology, counselors,

and other qualified personnel.

E. Early Identification and Assessment of Disabilities in Children

This service is designed to ensure the implementation of a formal plan for identifying a disability

as early as possible in a student’s life.

F. In-Home/Community-Based Training

For students who are identified as having autism or a pervasive developmental delay, the ARD

Committee must consider the need for in-home and community-based training or viable alternatives that

assist the student with the acquisition of social/behavioral skills. The provision of in-home training,

however, is not dependent on disability, but on the individual needs of the student.

In the Marlin ISD, eligibility for in-home training is based on an evaluation conducted by a

professional experienced in working with students with autism and who has received instruction in

providing in-home training. Individuals who conduct in-home training are professionals who have had

training in the area of autism and in-home training.

In-home/community-based training is primarily intended to promote generalization of desired

skills and behaviors across settings. In-home trainers target skills and behaviors that have been acquired in

one setting are targeted for generalization into other settings. Typically, in-home/community-based

training focuses on behavior, self-care, communication and socialization skills. It is not intended to

promote the improvement of academic skills. As generalization into the home or community occurs,

training will shift from the trainer to the parent (via parent training) to facilitate long-term maintenance of

the skills and behaviors.

In-home/community-based training and viable alternatives may also be appropriate for addressing

critical skills and behaviors that have not been mastered in the school setting and can only be acquired if

they are taught simultaneously in multiple environments. Such skills and behaviors may involve safety

(e.g., physical aggression, running away behavior, compliance with directions given by adults), adaptive

skills (e.g., toileting) and/or communication (e.g., requesting).

Viable alternatives to in-home/community-based training may include the use of individualized

visual schedules, a toileting task analysis (if necessary) and a functional communication system (when

necessary and appropriate) created by school district or campus staff for implementation in the home.

G. Parent/Family Training and Support

Marlin ISD recognizes that parents are an integral part of their student’s educational success and

that, with training; they can support their student in learning and maintaining the skills necessary for

progressing toward independence. Marlin ISD encourages parents to recognize their responsibility in the

education of their student in home and community settings and expects parents to be actively and

consistently involved in district-sponsored parent training sessions. The district makes an effort to assist

parents in understanding that in-home and/or parent training may not successfully resolve every concern

related to the student’s in-home behaviors/skills/abilities.

Marlin ISD Special Education Operating Guidelines Page 113 Revised 10/20/2014

Parent/family training and support is provided to address significant discrepancies between the school

and home functioning levels of a student. The purpose of parent training is to assist parents in acquiring

the teaching and management techniques that will enable them to more directly participate in their

student’s behavioral communication, self-care and social skills development. The various training

activities include, but are not limited to

District-sponsored parent training opportunities

Direct, student-specific, individualized parent training provided to parents at school, home or in

the community

Daily two-way communication between classroom teacher and parent

Providing relevant information regarding local resources and community events and/or

Access to relevant reference materials, such as books or videotapes

Discontinuation, decrease or increase of either service must be addressed through an ARD Committee

meeting. In general, services are discontinued upon mastery of in-home/community-based or

parent/family training objectives or when the ARD Committee determines that services are no longer

necessary

H. Interpreting Services

Interpreting services for students who are deaf or hard of hearing include oral transliteration

services, cued language transliteration and interpreting services, sign language interpreting services and

transcription services, such as Communication Access Real-time Translation (CART), C-Print and Type

Well. Interpreting services also include special interpreting services for students who are deaf-blind.

I. Medical Services

Medical services are evaluative only and provided by a licensed physician to determine a student’s

medically related disability that results in the student’s need for special education and related services.

J. Nursing Services

Nursing services are provided for students with significant health needs.

K. Occupational and Physical Therapy

Occupational and physical therapy includes improving, developing, or restoring functions

impaired or lost through illness, injury, or deprivation, improving the ability to perform tasks for

independent functioning, and preventing further impairment or loss of such function. Educational-based

occupational and physical therapists focus on the educational setting of the student and address any needs

that the student has in order to benefit from his or her special education services. These services are not

clinical in nature and thus the focus of the therapy is on the individual student and how the student is able

to function in the educational setting.

In Marlin ISD, eligibility for occupational and physical therapy is based on an evaluation

conducted by a certified, licensed occupational or physical therapist. The evaluation process begins with

a consultation. If services are indicated, the therapist works with the classroom teacher to develop goals

and objectives to address specified needs and then becomes one of the implementers of the student’s

Marlin ISD Special Education Operating Guidelines Page 114 Revised 10/20/2014

IEP. As such, occupational and physical therapy services are generally delivered within the regular or

special education classroom in order to best support the student within the educational environment.

Note: If physical therapy is indicated, a physician approval is required prior to beginning implementation

of some goals, for example, weight bearing.

L. Orientation and Mobility (O & M) Services

Orientation and Mobility services are provided by qualified personnel for blind or visually

impaired students to enable those students to attain systematic orientation to and safe movement within

their environments in school, home, and community. It includes teaching students spatial and

environmental concepts and the use of information received by the senses, the use of a cane or service

animal to supplement visual travel skills, and instruction in the understanding and use of remaining vision

and low vision aids.

The Orientation and Mobility specialist is responsible for

Teaching students to safely negotiate various routes in the school as well as routes to and from the

bus area and playground (or outside common areas)

Placing students in the real world and providing them with practical problems to solve

Teaching students essential daily living skills

Marlin ISD works with orientation and mobility specialist(s) for the evaluation and provision of

orientation and mobility services.

M. Psychological Services

Psychological services include

Administering psychological and educational tests and other assessment procedures

Interpreting assessment results

Obtaining, integrating and interpreting information about student behavior and conditions related

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 students and parents

Assisting parents and staff in the development of positive behavioral intervention strategies

Collaborating with community agencies or other providers

NOTE: Psychological services may be requested through the RTI Collaborative Team or ARD

Committee. Prior to requesting a psychological evaluation, school personnel should document previous

efforts and strategies and the results of those efforts, including consideration for other programs within

Marlin ISD.

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N. School Health Services

School health services are services provided by a qualified school nurse or other qualified

person. School health services may include:

Screening and referrals for additional health needs

Routine administration of medication during school hours

Consultation with physicians, parents and Marlin ISD staff regarding health conditions,

administration and effects of medication, tube feeding catheterization, suctioning and staff training

in emergency care procedures such as CPR

Counseling for students with disabilities and their families concerning health care practices and

services

Tube-feeding, suctioning, and/or catheterization

Medical orders from a licensed physician are required for the activities described above. If school

health services are required during the school day for the student to benefit and participate in his or her

special education program, these services should be documented in the IEP. The school nurse should be

invited to the ARD Committee meeting.

O. Transportation

Transportation services include travel to and from school and between schools, travel in and

around school buildings and specialized equipment if it is required to provide transportation for a student

with a disability. There is no specific evaluation for the provision of transportation as a 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 ARD Committee 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 the

service(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 student.

Marlin ISD Special Education Operating Guidelines Page 116 Revised 10/20/2014

Section 6: Instructional Programs and Support Services

Eligible students with disabilities shall enjoy the right to a free appropriate public education, which may

include instruction in the regular classroom, instruction through special teaching, or instruction through

approved contracts.

A. Provision of FAPE

1. Definition

Free appropriate public education (FAPE) means special education and related services that are

provided free of charge to parents and supervised by Marlin ISD. The services must meet the standards

established by TEA and must include an appropriate preschool, elementary, or secondary school

education. The services provided must enable the district to meet the requirements of the student’s IEP

2. Determining FAPE

The following factors determine if an IEP is reasonably calculated to provide a meaningful

educational benefit.

It is individualized on the basis of the student’s evaluation and performance.

It is administered in the least restrictive environment.

The services are provided in a coordinated and collaborative manner by the key stakeholders.

Positive academic and nonacademic benefits are demonstrated.

B. Special Education

1. Definition

Special education means specially designed instruction, provided at no cost to the parents, to meet

the unique needs of a student with a disability, including instruction conducted in the classroom, in the

home, in hospitals and institutions, and in other settings, including instruction in physical education.

Specially designed instruction means adapting as appropriate to the needs of an eligible

student…the content, methodology, or delivery of instruction.

In the Marlin ISD, special education is provided

In a general education setting with accommodations and/or modifications, and includes special

education support, supplementary aids and services

In a special education setting

Through the use of other arrangements as needed to meet individual student needs.

2. Coordination of Services

In Marlin ISD, special education instructional services are an integral part of the district’s total

instructional program. Revisions in special education instructional services, initiation of innovative

Marlin ISD Special Education Operating Guidelines Page 117 Revised 10/20/2014

programs and practices, and improvement of the overall quality of the special education programs are part

of an on-going process.

C. Participation in General Education

1. Least Restrictive Environment

In providing programs, services, and activities for students with disabilities, Marlin ISD first uses

those resources made available to all students. To the maximum extent appropriate…

Students with disabilities, including those in public or private institutions or other care

facilities, are educated with individuals who are not disabled.

Students with disabilities are removed from the general classroom only when the nature or

severity of the disability is such that education in general classes with the use of

supplementary aids and services cannot be achieved satisfactorily.

A continuum of alternative placements to meet the individual needs of the student with a

disability for special education and related services, including instruction in general classes,

special classes, special schools, home instruction, and/or institutions, is provided to the extent

necessary to implement the student’s IEP.

Supplementary services (such as resource room or itinerant instruction) are provided in

conjunction with general classroom placement.

Opportunities to participate with students without disabilities in non-academic or

extracurricular activities on a regular basis are provided.

Any harmful effects on the individual or the quality of services needed are considered in the

determination of educational placement for a student.

Educational placement decisions for individual students are made on an annual basis. Students

are placed in the least restrictive environment in which the IEP can be implemented.

2. Instructional Day

Students with disabilities in Marlin ISD have available an instructional day commensurate with

that of students without disabilities. The ARD Committee determines the appropriate instructional setting

and length of day for each individual student (if different), and these are specified in the student’s IEP.

D. Services by Non-District Personnel During the School Day

Any non-district personnel requesting to enter a Marlin ISD campus to provide professional

services described in a student’s IEP or Section 504 accommodations will be appropriately screened and

cleared for contact with students and appropriately trained to have contact with Marlin ISD students.

Non-district personnel shall attend a Marlin ISD orientation training sessions and shall be subject

to all established campus, district, state and federal policies, regulations, procedures and statutes.

Non-district professional personnel providing services in accordance with the student’s approved

education program are subject to the authority of the campus principal or designee with regard to the

implementation of the students IEP or Section 504 accommodations. No practice and/or delivery of

service may usurp the implementation of the IEP or the accommodation plan and must be scheduled to

cause the least possible disruption for the student. No practice may disrupt or interfere with the school’s

instructional program. No practice and/or delivery of service may be provided to any student other than

the assigned student.

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Other than for services described in a student’s IEP or Section 504 accommodation plan, non-

district professional personnel may not be contracted by parents, campus-based personnel or third parties

to provide professional services on a fee or non-fee basis, to a student or group of students during the

school day.

E. Continuum of Services

Marlin ISD provides a continuum of special education services and placement options to meet the

individual needs of students with disabilities. This continuum includes (a) services such as instruction in

regular classes, special classes, special schools, home instruction and instruction in hospitals and

institutions and (b) provisions for supplementary services such as resource room or itinerant instruction to

be provided in conjunction with regular class placement.

Determination of placement is based on the least restrictive environment appropriate to meet each

individual student’s needs. A student’s needs may require a combination of options, and/or variations or

modification of options.

The student’s instructional arrangement/setting code is based on the setting in which the student

receives special education services and the percentage of time the student receives special education

services in a setting.

1. Instructional Arrangement Coding

The following terms to describe instructional arrangement options available for students with disabilities.

a) Mainstream

The term “mainstream” refers to an instructional arrangement for providing special education services

in the general education setting. All services are provided in the general education classroom. For a

student to be coded as “special education mainstream”, the student must have.

Special education and related services provided in a general education classroom on a regularly

scheduled basis

An IEP specifying the special education and related services that enable the student to access the

general curriculum and to make progress toward individual goals and objectives and

Qualified special education personnel are involved in the implementation of the student’s IEP

through the provision, on at least a weekly basis, of direct, indirect and/or support services (a) to

the student in the general education classroom and/or (b) in collaboration with the student’s

general education classroom teacher(s)

Examples of special education and related services provided to the student in the mainstream

instructional arrangement/setting might include, but are not limited to, direct instruction, helping teacher,

team teaching, co-teaching, interpreter, education aides, curricular or instructional

modifications/accommodations, special materials/equipment, consultation with the student and his/her

general classroom teacher(s) and staff.

If certified personnel are only monitoring student progress, mainstream special education funding cannot

be generated.

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b) Speech Therapy

Speech Therapy is an instructional arrangement for providing speech therapy services. Students

who have a speech impairment and receive only speech therapy are not eligible to be counted for any

other instructional arrangement.

c) Resource

Resource is an instructional arrangement for providing special education instruction and related

services in a setting other than the general education classroom for less than 50% of the school day.

d) Self-contained, Mild/Moderate/Severe, Regular Campus

Students in this instructional arrangement receive special education instruction and related

services in a setting other than the general education classroom for more than 50% of the school day.

Services are provided on a regular school campus.

e) Special Education Homebound

The term “homebound” is used to describe an instructional arrangement for providing special

education instruction to eligible students with disabilities who are unable to attend school at a campus

site, due to medical issues validated by a physician or psychiatrist.

f) Nonpublic Day School (rare)

A nonpublic day school provides special education services to students through a contractual

agreement. The nonpublic school must be approved by the state.

g) Vocational Adjustment Class (VAC)

A student in a Vocational Adjustment Class participates in a special education work-based

learning program and is employed in a paid full- or part-time job with regularly scheduled direct

involvement by special education personnel in the implementation of the student’s IEP.

h) Residential

Students in a residential instructional arrangement receive special education instruction through a

contractual agreement with a state-approved non-public school. Students are placed in a residential non-

public school through the ARD process and only after other less restrictive placements have been

considered and/or attempted.

NOTE: A residential setting is a very restrictive educational setting and should be considered for only

students (a) who are in a crisis or life threatening situation for educational reasons or (b) who have been

previously served through the continuum of services offered by Marlin ISD with very limited success.

Extensive intervention in the school setting must be attempted prior to considering this placement. This

arrangement is usually considered only for those students with extremely severe behavioral impairments

that cannot be accommodated at the campus/district levels. If a day treatment or residential placement is

Marlin ISD Special Education Operating Guidelines Page 120 Revised 10/20/2014

being considered for a student, the Special Education Department requires a review and staffing prior to

placement.

2. Support Services

Marlin ISD utilizes three levels of support to provide a continuum of placement options for

students with disabilities. Individual students may require different levels of support to be successful in

various content areas and classroom environments. Levels of support include the following.

a) External Support

Special education providers prepare support materials prior to instructional delivery identified

through the IEP process.

Collaborative planning occurs between the general education teacher and special education teacher

May include accommodations, supplementary aids and services and supports for school personnel

b) In-class Support

Support Facilitator: A special education member who provides a variety of supports, either to

students and/or to the general education teacher, that meet the needs identified through

collaborative planning.

Peers: A student in the general education classroom who assists with physical, social or classroom

needs and who may also provide instructional tutoring, as trained and monitored by a special

education provider.

c) Specialized Support

Specialized Support provides instruction in or more content areas outside the general education

classroom, including centralized units.

F. Instructional Programs

1. Accelerated Instruction

According to state and federal regulations, Marlin ISD must provide accelerated instruction to all

students who are ineligible for promotion to the next grade due to non-mastery of state mandated testing.

This provision applies to 5th

and 8th

grade students who do not meet passing standards for the state reading

and mathematics assessments

Students are given three opportunities to meet passing standards for each assessment. Accelerated

instruction should be provided immediately for students who do not meet passing standards the first time

the assessment is administered.

A Grade Placement Committee (GPC) will be convened for students who do not meet passing

standards the second time the assessment is administered. The GPC will establish the accelerated

instruction required for the student prior to the third administration of the assessment. The student’s ARD

Committee will serve as the GPC for students receiving special education services.

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If a student does not meet passing standards the third time the assessment is administered, the GPC may

(a) retain the student in his/her current grade placement, with a plan for accelerated instruction for the

upcoming year or (b) promote the student to the next grade level, with a plan for accelerated instruction

for the upcoming year.

Accelerated instruction will be provided for eligible special education students during the summer.

Because the results of state mandated assessments are received in mid to late May, the Special Education

Department will work closely with the teachers and parents of eligible students to ensure that all

appropriate personnel receive pertinent information related to the summer accelerated program.

2. Adapted Physical Education (APE)

Adapted Physical Education Services provides a physical education program in which activities

and teaching procedures are adapted to the specific strengths and limitations of students with disabilities

who cannot participate successfully without modifications to the general physical education curriculum.

To meet eligibility requirements, the student must demonstrate a delay in gross motor development

and must be

Eligible for special education services as a student with a disability

At least 5 years of age and enrolled in kindergarten or above

Referred for an APE evaluation

3. Assistive Technology (AT) Services

Assistive technology services include

Providing a functional evaluation of a student with a disability in the student’s customary

environment

Providing assistive technology devices for students recommended for AT Services following a

formal AT evaluation

Selecting, designing, customizing, fitting, adapting, maintaining, repairing or replacing the

assistive technology device recommended for the student

Coordinating and using other therapies, interventions or services with assistive technology devices

associated with existing education plans

Providing training and/or technical assistance for a student with a disability or, if appropriate, the

student’s family and instructional staff members working directly with the student.

4. Auditory Impairment (AI)

The Special Education department provides educational services for students, ages 0-21 years, who

meet eligibility criteria for auditory impairment. Eligible infants (ages 0-2 years) are served in their home

in conjunction with the local Early Childhood Intervention (ECI) Program. At age 3, eligible students are

transitioned to Marlin ISD to receive services through special education as determined by the student’s

ARD Committee.

A continuum of service options is available, including parent-infant training, deaf education classes,

itinerant support, and communication support, audio logical management, interpreting services and

counseling services. The instructional program is designed to meet the student’s individual needs and

includes the use of both oral and total communication philosophies.

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5. Elementary/Secondary Inclusion

The Elementary/Secondary Inclusion Programs provide models of support and educational services

for special education students, grades K-12. Qualified special education personnel provide specially

designed instruction to students with disabilities to address the unique needs of the student that result

from his/her disability. Special education personnel ensure the implementation of the student’s IEP

through the provision of external, in-class and/or specialized support that enable the student to access the

general education curriculum and to make progress toward his/her individual goals and objectives.

6. Extended School Year (ESY) Services

Extended School Year Services (ESY) are defined as individualized instructional programs

beyond the regular school year for eligible students with disabilities. Services are provided at no cost to

parents and in accordance with the student’s IEP.

The need for ESY must be determined on an individual basis by the student’s ARD Committee. In

determining the need for and in providing ESY, Marlin ISD may not

Limit ESY to particular categories of disability or

Unilaterally limit the type, amount or duration of ESY services.

The need for ESY must be documented by the teacher or service provider using regression and

recoupment data for critical skill areas. Each year, teachers are provided with a calendar that designates

the dates for collecting baseline data, regression data and recoupment data. These data are analyzed to

determine the need for, the nature of and the frequency/duration of extended year services.

Critical skill areas are typically defined as communication, self-help and social/behavioral skills. The loss

of these skills may result in placement in a more restrictive instructional environment, loss of access to

community-based independent living skills, loss of self-sufficiency or loss of on-the-job training or

productive employment.

Baseline data are collected before a significant break in instructional services, such as before summer

break, winter break and spring break. These data are collected on the IEP objectives that address the

critical skill areas described above.

Regression data are collected within a week of returning to school after a significant break in instructional

services. Data are collected on the same IEP objectives for which baseline data were collected.

Recoupment data are a critical component of the data triad. The exact time for collecting recoupment data

depends on the length of the break in services. The longer the break in services, the longer the amount of

time allowed for recoupment of the skills.

For students enrolling in Marlin ISD during the school year, information obtained from the prior

school district as well as information collected during the current year may be used to determine the need

for ESY. For students enrolling in Marlin ISD from an ECI agency, information from the ECI agency and

the IFSP may be used to determine the need for ESY.

If there are no data or documentation available, the student will be considered ineligible for ESY services.

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a) Other Information Concerning ESY Determination

If a student has an eligibility of autism/autism spectrum disorder, ESY must be addressed at each

annual ARD. If the annual ARD occurs before there has been an opportunity to collect regression

and recoupment data, the student will be considered ineligible for ESY services. ARD

deliberations will indicate that data will be collected throughout the school year and the need for

ESY will be addressed again at another ARD Committee meeting, to be held in the spring.

If the student has significant behavioral issues such as aggression or self-injury, as noted in

classroom data and documentation that the student struggles even after a weekend, these data may

be used in determining the need for ESY.

The provision of ESY is limited to the educational needs of the student and shall not supplant or

limit the responsibility of other public agencies to continue to provide care and treatment services

pursuant to policy or practice, even when those services are similar to, or the same as, the services

addressed in the student’s IEP. No student shall be denied ESY because the student receives care

and treatment services from other agencies.

7. Functional Living Skills

Marlin ISD Functional Living Skills program serves students in first grade through 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.

The Functional Living 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, and behavioral skills.

Functional Living 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.

8. Preschool Program for Children with Disabilities (PPCD)

The PPCD program is a service and support option designed to provide individualized instruction

for three to five year old students who meet eligibility requirements for one of the state recognized areas

of disability. Intensive instruction in speech, language literacy, math, fine and gross motor, self-help and

social skills are emphasized.

The PPCD program uses a best practice early childhood curriculum aligned with the goals and

objectives in each student’s IEP, based on research-validated curriculum and assessments for

preschoolers. The Marlin ISD PPCD curriculum correlates to the PPCD goals and objectives bank that is

aligned with the TEA Pre-Kindergarten Guidelines.

A highly-structured, visually predictable learning environment is provided for PPCD students with

Autism Spectrum Disorder.

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A continuum of services provides options for ARD Committee consideration. Inclusion

opportunities are provided through campus prekindergarten and kindergarten general education classes,

when appropriate.

a. Walk Up Speech

Speech and Language services are provided on a general education campus in individual or small groups

of students with similar needs. This service is available for 3- year olds, 4-year olds and 5-year olds who

are not eligible for kindergarten.

9. Special Education Homebound Services

Marlin ISD provides special education homebound services for eligible special education students

who are unable to attend a campus program for four weeks or longer due to a serious illness, injury or

certain other conditions as documented by a licensed physician or psychiatrist. The weeks need not be

consecutive. Homebound services may also be appropriate for students with chronic illnesses. A

chronically ill student is one whose medical condition is generally considered to be long-term, life-

threatening or end-stage. This instructional setting conforms to Texas Education Agency Student

Attendance Accounting Handbook guidelines.

Documentation from a licensed physician or psychiatrist or psychiatrist that the student is

expected to be confined for any period of time totaling at least four weeks during a school year is

required. When homebound instruction is provided for a minimum of four hours each week in the

student’s home, the student will receive credit for full-time school attendance.

The rigor of the curriculum and the goals/objectives of the student’s IEP will be maintained during

the homebound services period. Campus-based staff members who served the student prior to

determination of his/her eligibility for homebound services are required to provide input into the planning

of the student’s homebound program. The homebound teacher(s) will attend the ARD Committee meeting

and will provide input regarding programming recommendations. If classes or services cannot be

replicated in the home setting the ARD Committee will consider alternative courses or services and will

revise the student’s IEP accordingly.

Homebound services are not provided for students with any communicable, contagious disease

until the attending physician or psychiatrist confirms the student is no longer contagious. Students are

dismissed from homebound services when released by the physician or psychiatrist or when

documentation supporting the delivery of homebound services is no longer current or available. Cases

varying in nature from the scenarios described above will be considered and resolved by the student’s

ARD Committee.

NOTE: The placement of a student who is expelled cannot be changed to a special education homebound

setting.

a) Homebound Eligibility Requirements

Students who are served through homebound services must meet all of the following requirements

The student’s condition must be medical only

The student’s medical condition must be documented by a physician or psychiatrist licensed to

practice medicine in the United States

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The student must be confined either at home or in a Marlin area hospital for a minimum of four

weeks. The weeks need not be consecutive.

NOTE: In making eligibility and placement decisions, the ARD Committee must consider the physician

or psychiatrist’s information. However, the physician or psychiatrist’s note/information should not be the

sole factor in determining the need for special education homebound services.

NOTE: A student does not have to be classified as OHI to access homebound services

NOTE: The placement of a student who is expelled cannot be changed to a special education homebound

setting.

b) Dismissal from Homebound Services

Written physician or psychiatrist’s statement certifying that the student may return to school-based

placement is required for the ARD Committee to dismiss the student from the homebound

instructional setting.

Continuation of homebound services beyond the initial recommendation is based upon new

medical documentation. In the absence of any new documentation, the ARD Committee may

consider dismissal based upon the physician’s original recommendation for the duration of

services.

c) General Provisions for Special Education Homebound Instruction

The ARD Committee will determine the duration of homebound service based, in part, on

recommendations from the student’s physician.

Full-time attendance is the equivalent of a minimum of four hours of homebound instruction

provided by a certified teacher per week

The student is served in his or her home environment, unless other provisions are necessary.

A parent or other designated adult must be present in the home at the time the homebound teacher

is providing instruction. A safe environment must be maintained at all times. At the teacher’s

discretion, the homebound session may be terminated, if safety is determined to be an issue.

Curriculum for pre-AP, AP, or other advanced courses is offered through the homebound

program, if appropriate for the student, as determined by the student’s ARD Committee.

The student’s ARD Committee will determine instructional services for all students receiving

special education services.

Homebound students cannot earn contact hours for Career and Technical Education (CTE)

unless the student receives the same amount and type of CTE services that he or she was

receiving prior to placement in the homebound instructional setting.

Grades for coursework completed while the student is in the homebound instructional setting

will be determined by the homebound teacher. The homebound teacher will return completed

assignments to the campus teacher of record, in compliance with district guidelines.

Transition back to school-based placement may be provided with the homebound teacher

continuing to provide the required hours of instruction, as determined by the student’s ARD

Committee.

Homebound instruction is not provided while a student is in the hospital if that hospital is

located outside of Marlin ISD boundaries.

Homebound instruction is provided during the regular school year. The ARD Committee may

consider extended school year homebound instruction if the student meets regression criteria.

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Homebound instruction will not be provided when there is any contagious illness affecting the

student or another family member in the home.

The homebound teacher and/or related services provider will maintain a log that includes the

following

The name of the homebound teacher or related services provider

The student name and identification number

The date that the homebound teacher or related services provider visited the student

The specific time period that the student was served, e.g., 10:00 a.m. until 12:00 p.m., with

required parent or student signature obtained at the end of each session.

The homebound teacher/related services provider will maintain a record of student attendance and

will report student absences to the campus attendance clerk at the end of each work week through

email. Hard copies will be submitted to the attendance clerk at the end of each six weeks.

10. Speech-Language Therapy

Speech-language therapy is provided for the intervention or correction of communication

disorders of articulation, language, fluency, and voice. It is provided to students who are determined

eligible by an ARD Committee and meet district and state eligibility guidelines in each of the following

areas

The student has been determined to have a disability by a certified/licensed Speech-

Language Pathologist and

The disability adversely affects developmental and/or academic success and

The professional services of a Speech-Language Pathologist are required to assist the

student in accessing the general education curriculum

The service delivery model consists of a multi-modality approach, which may include

direct/indirect individual and/or group intervention. Additionally, collaboration and/or consultation with

the student’s general education and/or special education teacher(s) may be provided.

There are specific requirements for speech-language therapy. Note that a student may receive both direct

speech therapy services and indirect support from the speech therapy program.

11. Visual Impairment

Marlin ISD will provide a Certified Teacher of the Visually Impaired (CTVI) to deliver

educational services for student’s ages 0-21 years who meet eligibility criteria for visual impairment.

Eligible infants (ages 0-2) are served in their homes or daycare in conjunction with the local Early

Childhood Intervention Program.

At age 3, eligible students are transitioned to a school district program and are provided with

services determined by the student’s ARD Committee. The student’s instructional program is designed to

meet the individual needs of students with visual impairments.

A continuum of service options, including external support, in-class support and specialized

support are available through Special Education and the CTVI. Services may include pre-braille

instruction, braille instruction, visual efficiency training, instruction in the use of technology for the

visually impaired and the provision of large print or braille textbooks/tests. Modifications and

accommodations necessary for the student to access the educational curriculum, appropriate goals and

Marlin ISD Special Education Operating Guidelines Page 127 Revised 10/20/2014

objectives, progress monitoring and transition services are addressed through consultation with regular

education staff.

12. Vocational Adjustment Class (VAC)

The vocational adjustment class is an instructional setting that provides special education and

related services through work-based learning activities and experiences. A student’s IEP may be

implemented through VAC when career and technical education cannot meet the needs of the student and

all other options are determined to be inappropriate. Instruction is designed to allow students to develop

the competencies and skills necessary to function successfully on the job and in the community.

13. Work-Based Learning (WBL)

Components of the WBL include

Career exploration

Career assessment and work-related training experiences to identify career interests

Assessment of employment skills and training needs and

Development of skills and attitudes necessary for paid employment

The career exploration component provides students with short-term exposure to a variety of work

settings to assist them in making decisions about future career directions or occupations. This occurs most

often through trips to worksites, job shadowing, guest speakers and career mentorship. The student rotates

among various occupational settings aligned with the student’s range of employment preferences. During

the rotations, situational assessments are completed by school personnel and worksite employees.

A cooperative work experience consists of an arrangement between the school and an employer that

uses the workplace and its environment to establish links between the learning occurring in school and the

skills required in the workplace. The experience is closely supervised by a representative of the school or

a designated employee/supervisor.

G. Career and Technical Education (CTE)

A student with a disability shall be instructed in accordance with his/her IEP in the least restrictive

environment, as determined by the student’s ARD Committee. If a student is unable to receive a free

appropriate public education in a regular CTE program, using supplementary aids and services, the

student may be served in a separate program designed to address the student’s occupational/training

needs, such as career and technology education for students with disabilities (CTED) programs and/or

locally developed programs.

In serving students with disabilities in CTE programs, Marlin ISD will

Ensure that the ARD Committee includes a representative from CTE, preferably the teacher, when

considering initial or continued placement of a student in career and technology education

Ensure that the ARD Committee considers a student’s graduation plan, the content of the

individual transition plan and the IEP and classroom supports

Provide supplementary services that each student needs to successfully complete CTE, such as

curriculum modifications, equipment modification, classroom modification, supportive personnel

and instructional aids and devices as outlined in the student’s IEP

Marlin ISD Special Education Operating Guidelines Page 128 Revised 10/20/2014

Coordinate planning for students with disabilities among CTE, special education, and state

rehabilitation agencies to (a) ensure the development of a coherent sequence of courses, (b) fulfill

the transitional service requirements of IDEA and Public Law 105-17 and (c) implement

regulations, state statutes and commissioner’s rules for each student with a disability who is

completing a coherent sequence of CTE courses

Monitor to determine if the CTE instruction provided is consistent with the student’s IEP

Ensure that enrollment numbers do not create a harmful effect on student learning for a student

with or without disabilities.

Marlin ISD Special Education Operating Guidelines Page 129 Revised 10/20/2014

Section 7: Discipline and Positive Behavior Supports

IDEA requires school personnel to develop a functional behavioral assessment and a behavior

intervention plan for students with disabilities who experience significant behavioral problems in the

schools.

Processes to Support Effective Discipline

All disciplinary actions regarding students with disabilities shall be in accordance with federal

requirements, Texas Education Code Chapter 37, 19 TAC 89.1050(g), and 19 TAC 89.1053.

A. Overview

Discipline is the part of the educational process that prepares a student to work with other people

in a socially acceptable manner. A student with a disability is subject to the school’s Student Code of

Conduct unless otherwise stated in the student’s individualized education program (IEP).

Students with disabilities are expected to obey school rules. They are also subject to disciplinary

action if those rules are broken. However, because of the possibility that a student’s disability may

interfere with his/her ability to understand and/or obey school rules and because of the need to ensure that

the student’s educational program is not disrupted inappropriately, more care must be taken to protect the

rights of the student with disabilities during disciplinary action.

The procedures presented in this section are designed to:

Provide guidelines to follow when unacceptable behaviors occur

Ensure that any disciplinary action necessary is administered with regard to the student’s disability

Assure that the interventions undertaken by the school are representative of a positive behavioral

approach

B. ARD Committee Role

A student’s ability to follow school rules and proposed positive behavioral supports must be

addressed by the ARD Committee at each initial placement, all annual reviews, and whenever the

student’s behavior is disruptive to his/her learning and the learning of others.

Behavior problems are best addressed when the cause of the behavior is known. Cause can be

determined when a functional assessment of the student’s behavior is conducted.

1. Behavior Review

The primary purposes of a Behavior Review are to provide a contextual view of the nature of

specific behaviors/behavior patterns and to assist professionals in understanding a behavior within the

context of the student’s home and school environments.

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The Behavior Review is a process that utilizes data to

Gain an understanding of the factors that contribute to a student’s inappropriate acting-out

behavior

Facilitate interventions and strategies to address the student’s needs

Shape behavior to achieve acceptable social norms

In conducting a behavior review, relevant members of the student’s ARD Committee

1. Use interviews, group/team discussions, rating scales, etc. to gather information from a variety of

sources, including, but not limited to, teachers, counselors, parents, administrators, discipline

referrals, behavior logs, anecdotal notes, etc.

2. Gather information that identifies circumstances and situations that are regularly associated with

the student’s problem behavior and the function of that behavior by addressing the following

questions.

When is the student most likely to engage in the problem behavior?

What specific events appear to be contributing to the student’s problem behavior?

What function does the problem behavior serve for the student?

What might the student be communicating through the problem behavior?

When is the student most successful, and therefore, less likely to engage in the problem behavior?

What other factors might be contributing to the student’s problem behavior?

3. When enough data have been collected to identify a discernible pattern of behavior that is

associated with the student’s problem behavior, develop two hypotheses.

A specific hypothesis will be developed utilizing the data to compile specific information

A global hypothesis will be developed by considering broad influences in the student’s life such as

skills, health, preferences, relationships, daily routines and general quality of life.

C. Functional Behavioral Assessment (FBA)

A functional behavioral assessment will be completed to address emotional/behavioral needs that

have a significant impact on a student’s progress in the educational setting. In all but the most severe

cases, interventions should be implemented at the campus level and documented with fidelity prior to

referral for an FBA. Once the evaluation has been completed, the Licensed Specialist in School

Psychology (LSSP) will discuss recommendations for intervention with the student’s ARD Committee.

1. Initial Referral for Special Education Services

All referrals involving an eligibility of Emotional Disturbance (ED) or Autism (AU) will include

an FBA. FBA evaluation forms should be distributed with the ED referral information (BASCs,

counseling information, etc.).

The depth and breadth of the FBA will be determined by the individual needs of the student. The

results of the FBA and appropriate behavioral recommendations will be included in the Full and

Individual Initial Evaluation (FIE).

The student’s Present Levels of Academic Achievement and Functional Performance (PLAAFP)

statement(s), Behavior Accommodations and Behavior Intervention Plan (BIP) should incorporate

relevant information from the FBA.

The student’s Behavior Intervention Plan should address areas of concern noted in the FBA.

ARD deliberations should reflect that the BIP was developed utilizing information from the FBA.

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2. Reevaluation Procedures and Procedures for Students Currently Receiving Special Education

Services It is recommended that campus personnel contact Marlin ISD Special Education Department for

assistance when students are experiencing behavioral difficulties.

The Review of Existing Evaluation Data (REED) should specify the need for an FBA. Behavior

logs, disciplinary referrals and all other documentation regarding the effectiveness of the current

Behavior Intervention Plan, Behavior Accommodations and/or Behavior IEP should be

documented in the student’s PLAAFP statement(s) and utilized by the ARD Committee to

determine the need for an FBA. Notice of Evaluation should be provided and Consent for

Evaluation should be obtained.

For ED referrals, FBA forms should be distributed with the ED referral information (BASCs,

Counseling information, etc.).

The depth and breadth of the FBA will be determined by the individual needs of the student. The

results of the FBA and appropriate behavioral recommendations will be included in the Full and

Individual Initial Evaluation (FIE).

The student’s Present Levels of Academic Achievement and Functional Performance (PLAAFP)

statement(s), Behavior Accommodations and Behavior Intervention Plan (BIP) should incorporate

relevant information from the FBA.

The student’s Behavior Intervention Plan should address areas of concern noted in the FBA.

ARD deliberations should reflect that the BIP was developed utilizing information from the FBA.

D. Behavior Intervention Plan (BIP)

A Behavior Improvement Plan or Behavioral Intervention Plan (BIP) is a proactive plan for

managing a student’s behavior and replacing inappropriate behaviors with more appropriate ones. The

BIP assists the teacher by addressing classroom management procedures that encourage the development

of desirable behaviors while managing or changing undesirable student behaviors. The BIP is not a

disciplinary plan, nor does it replace the regular district code of conduct.

A BIP must be considered for every student identified as having an emotional disturbance and for

other students whose behaviors interfere with school progress. A BIP should be developed when the

student’s behaviors require more specific interventions that are not routinely provided in a classroom.

Behavior interventions based on positive intervention strategies are more effective in changing

undesirable behavior than punitive strategies (e.g., suspension). Behavior intervention strategies should

be developed thoughtfully, implemented in a systematic fashion, and evaluated periodically so that

changes can be made when needed.

A BIP must be considered for every student identified as having an emotional disturbance and for

other students whose behaviors interfere with school progress. A BIP should be developed when the

student’s behaviors require more specific interventions that are not routinely provided in a classroom.

If the student’s ARD Committee determines that a BIP is appropriate for the student, the BIP

becomes part of the student’s IEP as soon as it is accepted by the student’s ARD Committee. A copy of

the BIP must be provided to each of the student’s teachers.

Behavior interventions based on positive intervention strategies are more effective in changing

undesirable behavior than punitive strategies (e.g., suspension). Behavior intervention strategies should

Marlin ISD Special Education Operating Guidelines Page 132 Revised 10/20/2014

be developed thoughtfully, implemented in a systematic fashion, and evaluated periodically so that

changes can be made when needed.

1. Steps in the Behavior Intervention Plan (BIP) Planning Process

When a student with a disability violates the student code of conduct and is removed from his/her

educational setting multiple times, resulting in a change of placement (for not more than 10 days) the

following procedures should apply:

A psychological/behavior consultation (may require consent from parent) may be requested if

the student has not had any prior psychological testing.

An evaluator will collect background information regarding the student and his or her

behavior. Data can be obtained from the student’s academic and disciplinary records, from

interviews with the parents, from observation of the student in multiple settings, from a student

interview or teacher interviews, and relevant checklists or behavior-rating scales.

This information will be used to conduct an FBA based on the professional analysis of the

contextual aspects of the presenting behavior(s). Following the FBA, a determination is made

as to whether the behavior in question could be a manifestation of the student’s disability.

The evaluator will recommend further psychological testing, if indicated, and/or other

behavioral interventions to be considered for implementation within the student’s BIP or

behavioral IEP.

After a thorough review and study of the above data, the ARD Committee should, if deemed necessary,

Develop a BIP that includes behavioral goals that relate to increasing or decreasing the specific

behavior, including positive measures

Create an effective behavior support plan

Determine specific intervention strategies appropriate for the behavior

Designate individuals responsible for implementation of the plan

Determine dates for review of the plan and evaluation of its success

Focus on expanding the student’s skills and opportunities across time and settings

Specify appropriate methods for evaluation of the plan

Request further evaluation to rule out other disabilities that may be related to the behavior(s) in

question

E. Behavioral Goals and Objectives

Based upon information derived from the FBA, the ARD Committee selects and prioritizes

student goals and objectives that focus on documented behaviors that interfere with the learning

process. When developing behavioral goals, the ARD Committee should first identify the behaviors that

significantly interfere with school functioning. The committee should then strive to develop realistic

goals that are related to the student’s present levels of behavioral performance.

In designing the behavioral IEP, these guidelines should be followed:

Services for students, including those detailed in the BIP, must be individually designed for a

student based on evaluation data.

The plan for services must be developed by the ARD Committee and not solely by teachers or by

reference to a standard program offered by the district.

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Parents must be actively involved in the development of the IEP and fully informed of behavior

management methods and techniques to be used in the classroom.

Marlin ISD will provide a continuum of placements for students so that IEPs may be appropriately

implemented and so that students have opportunities to generalize newly acquired skills to other

settings.

The IEP must be implemented as developed. If modifications are needed, staff must carefully

consider whether the proposed change constitutes a change in the IEP requiring the convening of

an ARD Committee meeting

Communication with parents and with other district staff must accurately reflect the student’s

activities and behavior in the classroom. The method for evaluating the behavioral IEP must be

clear to the parent and to other members of the ARD Committee.

F. Disciplinary Removals

1. Case-by-Case

In determining whether a change in placement that is otherwise permitted under disciplinary

procedures is appropriate for a student with a disability, school personnel may consider any unique

circumstances, including, but not limited to, the student’s

Disciplinary history

Ability to understand consequences

Expression of remorse and/or

The supports provided to the student prior to the violation of a code of student conduct

2. Suspension

Most students with disabilities are capable of adhering to the Student Code of Conduct. Careful

administrative review of each student’s IEP and BIP will determine whether there might be special

circumstances that would prevent the use of suspension as a disciplinary sanction with a particular

student.

If there is nothing in the student’s IEP or BIP that indicates that a suspension is not an appropriate

disciplinary consequence, the student may be suspended for committing a disciplinary offense that

would warrant such action for a student without disabilities.

Since a suspension is for three (3) days or less, the action does not constitute a change in

placement and would not ordinarily require an ARD Committee meeting. An ARD review is

required, however, if a pattern of misconduct is observed or after the 10th

cumulative day of

removal from the educational environment specified in the student’s IEP.

Students with disabilities should be afforded the same due process opportunities provided to a

nondisabled student prior to a suspension.

3. In School Suspension (ISS)

In school suspension days are counted in the total number of removal days unless

The student is afforded an opportunity to continue to appropriately participate in the general

curriculum

The student continues to receive services specified in his/her IEP

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The student continues to participate with his/her nondisabled peers to the extent he/she would

have participated in his/her current placement

In Marlin ISD, it is recommended that an ARD Committee meeting be held before any student is

removed to another setting for the 11th

day, even if services are provided. Once a student has been placed

in ISS for 10 days, a review ARD Committee meeting should be held to determine if the behaviors should

be addressed through the student’s Behavior intervention plan.

NOTE: Campus administrators should work closely with the Compliance Specialist assigned to their

campus to ensure that the services specified in the student’s IEP can be effectively delivered in the ISS

setting.

4. Statewide Assessments in Disciplinary Settings

A student with disabilities who has been suspended or removed from his/her current placement to

an alternative placement, including a Juvenile Justice Alternative Education Program (JJAEP), must

participate in the statewide assessment, as determined by the student’s ARD Committee. The student must

also participate in district-wide assessments unless the ARD Committee has indicated that the student

should not participate in the assessments for reasons unrelated to the disciplinary removal.

5. Change of Placement

A change of placement occurs if either

The removal is for more than ten (10) consecutive school days or

The student has been subjected to a series of removals that constitute a pattern

On the date on which a decision is made to make a removal that constitutes a change of placement, Marlin

ISD will notify the parent of the decision and provide the parent with the procedural safeguards notice.

Removals of a student for less than ten (10) days, when considered with prior removals of the student

during the same school year, may create a pattern of removals. If the student’s behavior is substantially

similar to the behaviors that resulted in the series of previous removals, this would be considered a

pattern. Also, IDEA states that a pattern may exist if a series of removals total more than ten (10) days in

the same school year. The school must determine whether such a pattern exists, on a case-by-case basis,

based on such additional factors as

Length of each removal

Total amount of time the student is removed

Proximity of the removals to one another

Similarities or differences in the types of infractions involved

IDEA mandates that services must be provided after the 10th day of removal. However, a school official

-- such as a principal -- in consultation with a special education teacher, must determine the extent to

which services are necessary during “short-term removals” in order to enable the student to participate in

the general curriculum and progress toward meeting the goals set out in the student’s IEP.

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6. ARD Committee Meeting for Removals Constituting a Change of Placement

If a disciplinary change of placement occurs as a result of a removal, an ARD Committee meeting

must be convened before or not later than ten (10) school days after the decision to change the student’s

placement At this meeting, the ARD Committee must determine if the behavior subject to the

disciplinary action is a manifestation of the student’s disability. This “manifestation determination

review” meeting is described below.

In preparation for this ARD Committee meeting, campus personnel should

Review the circumstances surrounding the student’s removal as soon as possible

Consider whether the student was receiving services in accordance with his/her IEP

Consider whether the student’s behavior could be addressed through minor classroom adjustments

Consider whether the ARD Committee should reconvene to address changes in the IEP

G. Manifestation Determination (MD) ARD

Manifestation Determination (MD) ARDs will be conducted following the disciplinary hearing in

which a student has been recommended for a disciplinary change of placement at an off campus

Alternative Education Program (AEP) or Juvenile Justice Alternative Education Program (JJAEP). A

manifestation review will also be conducted when a special education student commits an offense of

bullying, harassment or hit-list. These offenses require that an ARD Committee meeting be convened

prior to any consequence being given to the student

Manifestation Determination ARDs are completed by Licensed Specialists in School Psychology

(LSSPs). The Manifestation Determination ARD must be held within 10 school days of the discipline

hearing.

The manifestation determination review occurs after the campus administrator’s investigation of

the incident has been completed. The manifestation determination must analyze the student’s behavior as

demonstrated across settings and across time when determining whether the conduct in question is a direct

result of the student’s disability.

In determining whether a student’s behavior is a manifestation of a student’s disability, the ARD

Committee must first consider whether the student’s behavior indicates the need for a new or an

additional formal or informal evaluation.

If all necessary information is available for review, members of the ARD Committee then must decide

if the infraction was a manifestation of the student’s disability using the following two standards

Was the conduct in question, caused by, or did it have a direct and substantial relationship to, the

student’s disability?

Was the conduct in question the direct result of the district’s failure to implement the IEP?

If either standard of the MDR is met, then the misconduct must be determined to be a manifestation

of the student’s disability. The student must be returned to the placement from which he or she was

removed, unless the parent and the district agree to a change of placement as part of the modification of

the behavior plan. In addition, the team must either

Marlin ISD Special Education Operating Guidelines Page 136 Revised 10/20/2014

Conduct an FBA or update the previous FBA to include the behavior in question and

implement a behavior intervention plan (BIP)

If a BIP had been previously developed, review and modify it, as necessary, to address

the behavior.

Members of the ARD Committee can determine that the misconduct was not a manifestation of a

student’s disability only when both standards ARE NOT met in relationship to the behavior subject to

disciplinary action. The members must also consider, however, whether or not the student’s IEP

(including the BIP) and placement were appropriate, and if the IEP was implemented as written.

If members of the ARD Committee determine that the behavior is not a manifestation of the

student’s disability, relevant disciplinary procedures may be applied in the same manner and for the same

duration as the procedures would be applied to students without disabilities. The district must continue to

provide the student with FAPE services in accordance with the student’s IEP since all students with

disabilities are entitled to FAPE, including students who have been suspended or expelled from school.

These services must be provided after the 10th

day of removal.

For days of removal in excess of ten (10) school days in a school year, members of the ARD

Committee must determine the extent to which services are necessary to enable the student to

appropriately progress in the general curriculum and appropriately advance toward achieving the goals set

out in the student’s IEP. These services should be initiated on the 11th

day of the student’s removal from

the IEP placement.

Needed services must be available and must continue in an AEP setting. A teacher in an

alternative education program who has a special education assignment must hold an appropriate

certificate or permit for that assignment.

1. MD ARD Committee Procedures

The parent must be provided with the most recent copy of the procedural safeguards and the

Notice of ARD a minimum of five (5) school days prior to the Manifestation Determination ARD. Parents

who choose to waive the right to five (5) day notice must do so in writing. Campus personnel must

contact their assigned LSSP to schedule the MD ARD meeting. MD ARDs are scheduled on a first

come/first served basis.

Once the MD ARD is scheduled campus personnel are responsible for disseminating the notification

of ARD.

The LSSP responsible for the MD ARD will complete the ARD paperwork that pertains to the

MD ARD.

The campus administrator is responsible for ensuring that the disciplinary hearing is held prior to

the ARD Committee meeting and for supplying documentation of the student’s disciplinary

history and documentation that pertains to the offense that led to the MD ARD.

The campus special education representative is responsible for (a) providing documentation

regarding the student’s current progress and, in cases where the student has a BIP, documentation

that supports that the BIP has been followed and (b) providing input regarding the student’s

progress in the general education setting and behavior(s) observed in that setting.

The parent will also provide input regarding the student.

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The ARD Committee will follow the MD ARD agenda. Following a discussion of all agenda items, a

determination will be reached, the deliberations will be reviewed and the ARD will be adjourned. The

deliberations will specify the ARD Committee’s determination and briefly describe how the determination

was reached.

If an off campus placement is recommended by the administrator, the number of days recommended must

be noted.

The ARD will be locked following the conclusion of the MD. Original documents will be placed in the

student’s audit folder and a copy of the documents will be given to the parent.

NOTE: A student with a disability who receives special education services may not be placed in

alternative education programs solely for educational purposes.

2. Special Circumstances

a) Removal to an Interim Alternative Educational Setting

Students may be removed to an interim alternative educational setting for the same amount of time that a

student without a disability would be subject to discipline regardless of whether his/her behavior was a

manifestation of his/her disability, for up to 45 days, if

The student carries a weapon to school or possesses a weapon while at school, on school premises,

or at a school function under the jurisdiction of the district or

The student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled

substance while at school, on school premises, or at a school function under the jurisdiction of the

district

The student has inflicted serious bodily injury upon another person while at school, on school

premises or at a school function under the jurisdiction of the district.

NOTE: Parents must be provided with prior written notice 5 days prior to implementation of the

alternative placement.

b) Dangerous Weapon - A dangerous weapon means a weapon, device, instrument, 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 inches in length.

c) Illegal Drug - Illegal drug means a controlled substance; but does not include a controlled

substance that is legally possessed or used under the supervision of a licensed health-care professional or

that is legally possessed or used under any other authority under that Act or under any other provision of

federal law.

d) Controlled Substance - Controlled substance means a drug or substance identified under

sections I, II, III, IV, or V in section 202 of the Controlled Substance Act. [21 USC §812 (c)]

e) Serious Bodily Injury - Serious bodily injury is the substantial risk of death, extreme physical

pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily

member, organ, or mental faculty. [18 USC §1365 (h)(3)]

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3. Bullying, Harassment, Hit List - A student with a disability may not be disciplined for

bullying, harassment, or making hit lists until an ARD Committee has been held to review the conduct.

a) Bullying means engaging in written or verbal expression, expression through electronic means,

or physical conduct that occurs on school property, at a school-sponsored or school- related activity, or in

a vehicle operated by the district that (a) has the effect or will have the effect of physically harming a

student, damaging a student’s property, or placing a student in reasonable fear of harm to the student’s

person or of damage to the student’s property or (b) is sufficiently severe, persistent, and pervasive

enough that the action or threat creates an intimidating, threatening, or abusive educational environment

for a student. The conduct is considered bullying if that conduct

exploits an imbalance of power between the student perpetrator and the student victim and

Interferes with a student’s education or substantially disrupts the operation of a school.

b) Harassment - Harassment means threatening to cause harm or bodily injury to another

student, engaging in sexually intimidating conduct, causing physical damage to the property of another

student, subjecting another student to physical confinement or restraint, or maliciously taking any action

that substantially harms another student's physical or emotional health or safety.

c) Hit list - A hit list is defined as a list of people targeted to be harmed, using a firearm, as

defined by Section 46.01(3), Penal Code, a knife, as defined by Section 46.01, Penal Code or any other

object to be used with intent to cause bodily harm.

H. Subsequent Short Term Removals

For subsequent short-term removals after the student has already been removed for more than 10

school days in the school year and an MDR has been held, the members of the ARD Committee will

review the student’s BIP and its implementation to determine if modifications are necessary. If one or

more members of the ARD Committee believe that modifications are needed, an ARD Committee

meeting must be held to modify the BIP and its implementation.

Each campus must have in place a process for the BIP review of students who experience short

term removals following an MD ARD. The student’s special education case manager must be in close

contact with the administrator in charge of discipline in order to determine when an examination of

additional removals is required.

I. Bus Suspension of a Student with Disabilities

A student may be suspended from special transportation; however, this suspension counts as a

removal if the special transportation is a part of the student’s IEP. In Marlin ISD, a bus suspension is

treated as a removal unless the Marlin ISD provides the service in some other way.

If special transportation is not a related service as a part of the student’s IEP, a bus suspension

would not be considered a removal if the parents transport the student to school during this interval.

If the student’s behavior on the bus is similar to behavior addressed in the IEP, the ARD

Committee should consider whether the bus behavior needs to be addressed in the student’s IEP.

Marlin ISD Special Education Operating Guidelines Page 139 Revised 10/20/2014

J. Appeals

A parent who disagrees with any decision regarding the placement or the MDR may appeal the

decision by requesting a hearing. Marlin ISD may also request a hearing if it believes that the continued

placement of a student is substantially likely to result in injury to the student or others. In such a case,

there is no “ten day recess.” The parent should be provided with a copy of the Request for Special

Education Due Process Hearing and Required Notice along with the Notice of Procedural Safeguards at

the time of the initial disagreement. Whenever a hearing is requested, the parents (or the district, if it is

appealing) is responsible for arranging an expedited due process hearing, which must occur within 20

school days of the complaint. The hearing officer is then required to make a determination within 10

school days.

In making a determination a hearing officer may

Return the student with a disability to the placement from which the student was removed if the

hearing officer determines the removal was a violation of federal regulations or if the conduct was

a manifestation of the student’s disability or

Order a change of placement of the student to an appropriate interim alternative educational

setting for not more than 45 days if the hearing officer determines that maintaining the student in

the current placement is substantially likely to result in injury to the student or to others.

The hearing officer will consider whether Marlin ISD has made reasonable efforts to minimize the

risk of harm in the student’s current placement, including the use of supplementary aids and services.

NOTE: Campus personnel involved in the MDR and investigation of a disciplinary placement may be

asked to assist in preparing for the due process hearing or may be asked to serve as a witness during the

hearing.

o Placement During Appeals

When an appeal has been made by either the parent or the district, the student must remain in the

interim alternative setting pending the decision of the hearing officer or until the expiration of the period

of removal, whichever comes first (unless the parents and the district agree otherwise).

K. Discretionary Placement in the Disciplinary Alternative Education Program

(DAEP)

Marlin ISD will invite the principal (or designee) of the DAEP to any ARD Committee meeting

convened to discuss a student’s expulsion.

When the DAEP administrator or designee provides written notice of specific concerns to the

school from which a student is expelled, an ARD Committee meeting will be convened to reconsider

placement of the student in the DAEP. The written notice of the meeting must be sent at least 5 business

days prior to the meeting. All parties should receive verbal confirmation of the meeting time/place at

least 5 school days prior to the meeting.

If the principal (or designee) of the DAEP is unable to attend the ARD meeting, he or she must be

given the opportunity to participate through alternative means including conference telephone calls. The

Marlin ISD Special Education Operating Guidelines Page 140 Revised 10/20/2014

DAEP representative may participate in the meeting to the extent that the meeting relates to the student’s

placement in the DAEP and implementation of the student’s current IEP in the DAEP setting.

L. Reporting to Law Enforcement Authorities

The IDEA does not prohibit school district personnel from reporting crimes committed by a

student with a disability to the appropriate authorities. Law enforcement and judicial authorities may

apply the law as appropriate to any crimes committed by a student with a disability. The school district

must ensure that the copies of special education and disciplinary records are transmitted to the appropriate

authorities. Parent consent to release information must be obtained before transmitting any records.

M. Summary of Disciplinary Steps for Students with Disabilities

1. Student commits offense that violates student code of conduct.

2. Campus personnel determine whether the student has been identified or referred as a

student with a disability.

3. The campus principal makes a preliminary decision and conducts a formal hearing.

4. If the offense does not involve weapons, drugs or serious bodily injury, a determination is

made as to whether or not the disciplinary action constitutes a change of placement.

5. If the disciplinary action does not constitute a change in placement, regular discipline

procedures apply as long as these procedures are in accordance with the student’s BIP

plan, should the student have one. If the disciplinary action results in the student being

removed for more than a cumulative total of 10 school days, an MD ARD meeting is

required.

6. If the disciplinary consequence constitutes a change in placement an MD ARD meeting

will be scheduled (within 10 school days for long term removals)

If the behavior is determined to be a manifestation of the student’s disability, the

student is not subject to removal from school.

If the behavior is determined not to be a manifestation of the student’s disability, the

student will be removed to a DAEP.

7. If the MD ARD meeting ends in consensus, implement the agreed upon .

recommendations.

8. If the MD ARD meeting ends in disagreement, do not offer a 10-day recess. Instead

give the parents Notice of Procedural Safeguards and the Request for Special.

Education Due Process Hearing and Required Notice.

9. If the parents take no further action or request mediation, the student will continue to

serve the DAEP placement.

10. If the parents request a due process hearing, the student will remain in the DAEP for the

recommended disciplinary placement or until a hearing officer decision indicates

otherwise.

N. Teacher Removal of a Student with a Disability

Before a teacher removes a student with disabilities pursuant to Texas Education Code (TEC) Section

37.002, the teacher should carefully review with special education support personnel and with school

administrators

The student’s Individualized Education Program (IEP) and

The student’s Behavior intervention plan (BIP), as well as

Marlin ISD Special Education Operating Guidelines Page 141 Revised 10/20/2014

Appropriate documentation to assure that all elements of the IEP and BIP have been properly

implemented

If the teacher’s written reports of violations of the District’s Board-approved Student Code of Conduct

indicate a pattern of inappropriate behaviors or an increase in the frequency of inappropriate behavior, an

ARD Committee should be convened to consider any needed changes in program or behavior intervention

strategies as soon as there is evidence that the student’s placement and/or BIP are no longer effective in

meeting the student’s individual needs.

If a teacher requests that a student with a disability be removed from a class, the principal will arrange

for an interim placement pending a conference. Following the conference, which must be held within

three school days, the principal or designee can

Place the student in another appropriate setting that is compatible with the requirements in the

student’s IEP and BIP or

Return the student to the same classroom with the teacher’s consent

If the student’s IEP/BIP is appropriate, and the teacher refuses to consent to the principal’s decision to

return the student to his/her classroom, the principal or designee may

Place the student in another comparable classroom (i.e., regular classroom, resource room, PE

class, etc.) that is consistent with the placement specified in the student’s IEP or

Convene a placement review committee to consider the teacher’s refusal

NOTE: A principal can return a student with a disability to a class without the teacher’s consent if the

class is the only class that meets the requirements of the student’s IEP. Further, all school personnel

should understand that only a duly constituted ARD Committee can change the placement of a student

with a disability.

O. Disciplining General Education Students Who Allege a Disability

1. IDEA Protections

Discipline of students not identified as disabled may, in some cases, trigger the protections of

IDEA applicable to the discipline of students with disabilities. A regular education student subject to

discipline for a code of conduct violation, including a drug, weapon, or serious bodily injury violation,

may invoke the protections of the IDEA if the school district had knowledge that the student was a

student with a disability before the occurrence of the behavior that resulted in the disciplinary action.

The school district had such knowledge if

The parent expressed concern in writing to Marlin ISD supervisory or administrative personnel, or

a teacher of the student that the student was in need of special education and related services (This

requirement does not apply if the parent is illiterate or has a disability that prevents compliance.)

The parent of the student had requested a special education evaluation

The teacher of the student, or other personnel of the school district, has expressed concern about a

pattern of behavior demonstrated by the student to the Marlin ISD Director of Special Education

or other supervisory personnel of the school district

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The school district would not have such knowledge if

The parent of the student has not allowed an evaluation of the student

The parent of the student has refused services

The student had been evaluated and determined not to be a student with a disability

2. Disciplinary Process

If there is no knowledge that the student was a student with disability before taking disciplinary

action, the discipline may proceed. Concurrent with the disciplinary action, the following may occur.

The parent may request an evaluation of the student during this disciplinary period.

The evaluation must be conducted in an expedited manner if it is requested.

Pending the results of the assessment, the student remains in the educational setting determined by

the school district which can include suspension without educational services and placement in a

DAEP.

If the evaluation shows that the student is eligible for special education services, services must be

provided.

P. Texas Behavior Support

1. Legal History

The Texas Behavior Support Initiative (TBSI) is an initiative designed to facilitate implementation of

Senate Bill 1196 (SB1196). SB1196 supports the development of

Knowledge and skills on the use of positive behavior supports for students with disabilities

School wide, classroom and individual systems of support

Data collection tools to inform decision-making for program improvement

2. Positive Behavior Support refers to

Systemic and individualized strategies based on an extensive body of research-based practices

The use of a prevention-based approach for all students

Utilization of focused instruction related to academic, social and behavioral expectations

An emphasis on culturally appropriate practices.

The Marlin ISD staff will be trained to recognize that any behavior management technique and/or

discipline management practice must be implemented in such a way as to protect the health and safety of

the student and others. No discipline management practice may be calculated to inflict injury, cause

harm, demean, or deprive the student of basic human necessities.

NOTE: Additional information on Texas Behavior Support is available at:

http://www.txbehaviorsupport.org/

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Q. Seclusion

Senate Bill 1196 also prohibits use of seclusion in Texas public schools, including charter schools.

The Texas Education Code defines “seclusion” as a behavior management technique in which a student is

confined in a locked box, locked closet, or locked room that is designed solely to seclude a person and

contains less than 50 square feet of space.

Emergency Situation Exception - In an emergency situation while awaiting the arrival of law

enforcement personnel, a student may be placed in locked and unattended confinement in a room

that is designed solely to seclude a person and contains less than 50 square feet of space if

The student possesses a weapon and

The confinement is necessary to prevent the student from causing bodily harm to the student or

another person

R. Restraint

The Texas Education Code defines “restraint” as the use of physical force or a mechanical

device to significantly restrict the free movement of all or a portion of the student’s body.

In Marlin ISD, the policy regarding the use of restraint of students with disabilities states that the use of

restraint

Is limited only to emergency situations involving imminent serious physical harm to self or others

or imminent serious property destruction

Is limited to the use of such reasonable force as is necessary to address the emergency

Is discontinued at the point at which the emergency no longer exists

Is implemented in such ways as to protect the health and safety of the student and others

Should never deprive the student of basic human necessities

Requires documentation and notification

Must be reported in PEIMS

Restraint that involves significant restriction does not include

Physical contact or appropriate prescribed adaptive equipment to promote body position and/or

physical functioning

Limited physical contact with a student to promote safety, prevent a potentially harmful action,

teach a skill, redirect attention, provide guidance to a location or provide comfort

Limited physical contact or appropriately prescribed adaptive equipment to prevent a student from

engaging in ongoing, repetitive self-injurious behaviors, with the expectation that instruction will

be reflected in the student’s IEP and to promote student learning and reduce and/or prevent the

need for ongoing intervention or

Seat belts and other safety equipment used to secure students during transportation

NOTE: Restraint may not be used as a technique to increase or decrease student behavior.

Marlin ISD Special Education Operating Guidelines Page 144 Revised 10/20/2014

1. Restraint Notification

On the day restraint is utilized, an administrator or designee must receive verbal or written

notification from the person who used the restraint (or a person who witnessed the incident if that person

is unable to report).

A “good faith” effort must be made to verbally notify the parent(s) that a restraint has occurred on

the day the restraint it was used.

Written notification must be placed in the mail or otherwise provided to the parent within one school day

of the date that the restraint occurred. Required contents of this notification include:

Student’s name

Name of staff member(s) administering restraint

Date and time restraint began and ended

Location of the restraint

Nature of the restraint

Description of the student activity immediately preceding the use of restraint

Behavior that prompted the restraint

Efforts made to de-escalate the situation

Alternatives to restraint that were attempted

Information documenting parent contact and notification

2. Restraint Documentation

Data regarding the use of restraint, including restraints by police (peace) officers employed by the

district and those that provide services to the district through an MOU, must be entered on the PEIMS

Record 435 (Special Education Student Restraint- Student) reporting requirement to be submitted with the

June PEIMS submission. The reporting requirement does not apply to local law enforcement officers who

do not meet the employment/MOU standard above.

3. TBSI Core Team Responsibilities

TBSI core team members are responsible for

Incident reporting

Verbal notification: Should occur as soon as possible on the day of the event

Written notification: must occur as soon as possible on the day of the event.

A Restraint Incident Form describing the incident must be completed and within 48 hours of the

restraint event.

A copy of the written notification must be placed in the student’s eligibility folder.

The incident must be reported to the Computer Records Clerk for documentation.

S. Time-Out

1. Definition

Time-out is defined as 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

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From which the exit is not physically blocked by furniture, a closed door held shut from the

outside, or another inanimate object.

2. Notification and Documentation Requirements

In Marlin ISD, time-out is used in conjunction with an array of positive behavior intervention

strategies. Documentation or data collection procedures for the recurrent use of time-out must be

addressed in the student’s BIP. The ARD Committee will consider these data to evaluate the

effectiveness of this procedure and its continued use for the student in question.

Other Marlin ISD guidelines relative to use of time-out include

Physical force or threat of physical force shall not be used to place a student in time-out.

Time-out may only be used in conjunction with an array of positive behavior intervention

strategies and techniques.

The use of time-out must be included in the student’s IEP and/or BIP if it is utilized on a recurrent

basis to decrease a targeted behavior.

Time-out must not be implemented in a fashion that precludes the ability of the student to be

involved in and progress in the general curriculum and advance appropriately toward attaining the

annual goals specified in the student’s IEP.

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Section 8 Program Management

A. Scope and Applicability

Special education services shall be provided to eligible students in accordance with all applicable

federal law and regulations, state statutes, rules of the State Board of Education (SBOE) and the State

Plan under IDEA-Part B.

A school district having a residential facility that is licensed by appropriate state agencies and

located within the district’s boundaries must provide special education and related services to eligible

students residing in the facility. The district shall annually contact the facility to offer services to eligible

students. If the district determines that educational services are provided through a charter school,

approved non-public school or a facility- operated private school, the district is not required to provide

services.

Marlin ISD must make available to parents of children with disabilities and to the general public

all documents relating to the eligibility of Marlin ISD under IDEA-Part B.

B. Free Appropriate Public Education (FAPE)

1. Definition

Free appropriate public education or FAPE means special education and related services that

Are provided at public expense, under public supervision and direction and without charge

Meet TEA standards

Include an appropriate preschool, elementary or secondary school education and

Are provided in conformity with an individualized education program (IEP) that meets federal and

state requirements

2. Exceptions to FAPE for Certain Ages

The obligation to make FAPE available to all children with disabilities does not apply with respect to the

following

Children ages 18 through 21 to the extent that state law does not require that special education and

related services under IDEA-Part B be provided to students with disabilities who, in the last

educational placement prior to their incarceration in an adult correctional facility

Were not identified as having a disability

Did not have an IEP

Children with disabilities who have graduated with a regular high school diploma

Children who are receiving Early Childhood Intervention (ECI) services

Note: The exceptions described above do not apply to children with disabilities, ages 18 through 21 who

(a) had been identified as a student with a disability and had received services in accordance with an IEP,

but who left school prior to his/her incarceration or (b) did not have an IEP in their last educational

setting, but who had been identified as a student with a disability

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C. Special Education Services

1. Definition of Special Education

Special education means specially designed instruction, at no cost to the parents, to meet the unique needs

of a student with a disability, including

Instruction conducted in the classroom, home, in hospitals and institutions and in other settings

and

Instruction in physical education

Special education includes each of the following, if the services otherwise meet the requirements

described above

Speech-language pathology services, or any other related service if the service is considered

special education rather than a related service under state standards

Travel training and

Vocational education

2. Definition of Special Education Terms

At no cost means all specially-designed instruction is provided without charge, but does not preclude any

incidental fees that are normally charged to nondisabled students or their parents as part of a regular

education program.

Physical education means

The development of

Physical and motor fitness

Fundamental motor skills and patterns and

Skills in aquatics, dance, individual/group games and sports (including intramural and lifetime

sports) and

Physical education, adapted physical education, movement education and motor development

Specially designed instruction means adapting, as appropriate, to the needs of an eligible student, the

content, methodology or delivery of instruction

To address the unique needs of the student that result from his/her disability and

To ensure access to the general curriculum so that he/she can meet the educational standards that

apply to all children.

Travel training means providing instruction, as appropriate, to children with significant cognitive

disabilities and any other children with disabilities who require this instruction, to enable them to

Develop an awareness of the environment in which they live

Learn the skills necessary to move effectively and safely from place to place within that

environment (eg., in school, in the home, at work and in the community)

Vocational education

Organized educational programs that are directly related to the preparation of individuals for paid

or unpaid employment or for additional preparation for a career not requiring a baccalaureate or

advanced degree and

Vocational and technical education

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Vocational and technical education means organized educational activities that offer a sequence of

courses that

Provides the rigorous and challenging academic and technical knowledge and skills needed to

prepare for further education and for careers (other than careers requiring a Master’s degree or

doctoral degree) in current or emerging employment sectors

May include the provision of skills or courses necessary to enroll in the sequence of courses

described above

Provides, at the postsecondary level, for a one-year certificate, an associate degree or industry-

recognized credential and

Includes competency-based learning that contributes to academic knowledge, higher order

reasoning, problem-solving skills, work attitudes, general employability skills, technical skills and

education-specific skills

Supplementary aids and services are defined as aids, services and other supports that are provided in

regular education classes or other education-related settings to enable students with disabilities to be

educated with nondisabled students to the maximum extent appropriate.

D. Personnel

Qualifications

TEA is required to establish and maintain qualifications to ensure that all personnel serving students with

disabilities are (a) appropriately and adequately trained and (b) have the content knowledge and skills

necessary to serve students with disabilities.

Each Marlin ISD special education teacher, paraprofessional and related services provider who works in

an elementary, middle or secondary school must meet the standards for “highly qualified”, as established

by the No Child Left Behind Act of 2001, unless TEA has determined that his/her assignment does not

require him/her to meet those standards.

E. Access to the General Education Curriculum

Marlin ISD is responsible for providing special education and related services to eligible students

in the least restrictive environment (LRE). Students with disabilities shall have access to, be involved and

progress in the general education curriculum, to the maximum extent appropriate.

The Marlin ISD curriculum will enable each student to acquire knowledge and skills in the basic

areas of learning commensurate with the student’s needs and abilities. These skills may be acquired

through participation in the general program of instruction or in a program providing specially designed

instruction, as determined by the student’s ARD Committee.

1. Texas Essential Knowledge and Skills (TEKS)

All students, regardless of special need or condition, will have access to a well-balanced curriculum

through the Texas Essential Knowledge and Skills (TEKS) and the Pre-Kindergarten Guidelines. These

documents describe the core knowledge, skills and competencies students should learn. Students with

disabilities will receive instruction in the TEKS and/or Pre-Kindergarten Guidelines in a manner

appropriate to their individual needs and consistent with their IEPs. Mastery of the TEKS and/or Pre-

Kindergarten Guidelines should be the goal for all students, including students with disabilities.

Marlin ISD Special Education Operating Guidelines Page 149 Revised 10/20/2014

Although some students with disabilities have different learning rates or different mastery levels, Marlin

ISD provides each student with the opportunity to make satisfactory progress in the general education

curriculum. If a student’s disability significantly impacts his/her capacity to master some or all of the

TEKS and/or Pre-Kindergarten Guidelines, the student’s IEP must outline the

modifications/accommodations related to the method of instruction, pacing and/or materials required to

ensure that the student has the opportunity to master the TEKS or Pre-Kindergarten Guidelines. The ARD

Committee may determine that the student, in any given subject area,

Will participate in the general education curriculum

Will participate in the general education curriculum with accommodations, as described in the

student’s IEP

Will participate in the general education curriculum with curricular modifications, as described in

the student’s IEP

2. Textbooks

State-adopted textbooks are available for students with disabilities, regardless of the student’s

instructional setting. Teachers should follow campus procedures for requesting textbooks for students

with disabilities.

Students are responsible for the proper handling and return of all state-adopted textbooks issued to

him/her. Consequences established for improper use or return of a textbook will be applicable for all

students, including students with disabilities.

A special education teacher may request teacher’s manuals and supplementary resources to assist in

the instruction of students with disabilities. Teachers should follow campus procedures for requesting

teacher’s manuals and supplementary resources.

Instructional Materials

Requests for the purchase of new materials should be submitted to the Special Education Department. The

campus requesting the materials must provide a rationale for the purchase by demonstrating a connection

between student need, student IEP and the item/materials requested.

F. Evaluating Interventions and Instructional Strategies

1. Peer-Reviewed Research

In general, the term peer-reviewed research refers to research that is reviewed by qualified and

independent reviewers to ensure that the quality of the information meets the standards of the field before

the research is published.

2. Scientifically Based Research

As defined by NCLB 2001, scientifically based research

Means research that involves the application of rigorous, systematic, objective procedures to

obtain reliable and valid knowledge relevant to education activities and programs and

Includes research that

Employs systematic, empirical methods that draw on observation or experiment

Involves rigorous data analyses that are adequate to test the stated hypothesis and justify

the general conclusions drawn

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Relies on measurements or observational methods that provide reliable and valid data

across evaluators and observers, across multiple measurements and observations and

across studies by the same or different investigators

Is evaluated using experimental or quasi-experimental designs in which individuals,

entities, programs or activities are assigned to different conditions and with appropriate

controls to evaluate the effects of the condition of interest, with a preference for random-

assignment experiments or other designs to the extent that those designs contain within-

condition or across-condition controls

Ensures that experimental studies are described in ways that allow for replication or, at a

minimum, offer the opportunity to build systematically on their findings and

Has been accepted by a peer-reviewed journal or approved by a panel of independent

experts through a comparably rigorous, objective and scientific review

G. Public Education Information Management System (PEIMS)

The PEIMS system consists of all public education personnel, financial and organizational data

requested and received by TEA. For PEIMS electronic collection, Marlin ISD submits its data via

standardized computer files, as defined by PEIMS data standards.

Marlin ISD utilizes a computer information system to provide an efficient method of collecting

and generating the student data necessary for special education program management. This

comprehensive system provides a data bank of student-related information and generates required state

and federal reports. It also provides other administrative information related to program planning and

management.

Because PEIMS data is used to establish Marlin ISD’s Performance Based Monitoring (PBM)

ratings, State Performance Plan (SPP) determinations, and to calculate special education funding

allocations, staff members who are responsible for data entry should make every effort to ensure that data

are entered accurately. Additional information on PEIMS coding is provided in the Student Attendance

Accounting Handbook, available for download at http://www.tea.state.tx.us/index2.aspx?id=7739

Students Identified as Having Dyslexia - Marlin ISD will report the number of students identified as

having dyslexia through PEIMS.

H. Texas Student Records Electronic Exchange System (TREx)

The Texas student Records Electronic eXchange system (TREx) is a web-based application for

the exchange of electronic student records between Texas public school districts and for the submission of

electronic transcripts to Texas public colleges and universities. Each school district, open-enrollment

charter school and institution of higher education is required to participate in the TREx system.

When a student moves from one district to another within the state, the student’s previous district

is expected to transfer the most recent ARD Committee deliberations, including the current IEP using the

Texas Records Exchange (TREx) system. Additionally, a Texas public school district can use the

application to move student transcripts from the sending school district to a receiving Institute of higher

Education (IHE) that is a member of the UT Austin SPEEDE server service.

Marlin ISD Special Education Operating Guidelines Page 151 Revised 10/20/2014

Texas Education Code requires that, at a minimum, the following information be sent electronically

within 10 working days of receiving a request for a student’s records from a school in which the student

has enrolled.

Texas Unique Student ID

Social security number or state approved alternate ID reported through

PEIMS

First, middle and last name and generation code, if applicable

Date of birth

Gender

Ethnicity and race

Current grade level

Immunization information

Receipt of special education services and individual educational plan, if applicable

Academic year

Course completion

Final grade average

Teachers of record

Assessment instrument results

District ID

Campus ID

Campus name

Campus phone number

For a high school student transferring from one Texas public school district or charter school to

another, the following additional information is required to be sent via the TREx for the student’s high

school transcript:

Student's address, including city, state, and zip code

District name

Either exit level Texas Assessment of Knowledge and Skills assessment and date the exit level

requirement was met or State of Texas Assessments of Academic Readiness end-of-course

assessment information

Advanced measures completed for the distinguished graduation program, if applicable

Texas Grant indicator code required by the end of the student’s junior year

Graduation program type required by the end of the student’s junior year

College Board campus code

Certification of coursework completion date, if applicable

Current and previous coursework, including the following:

Academic year

Session type

Campus awarding credit

Course category, name, number, abbreviation, semester, grades and credit

Course grade average and/or final grade average

Special explanation codes, if applicable

Pass/fail credit indicator codes, if applicable

Additional information on the TREx system is available at:

http://www.tea.state.tx.us/index4.aspx?id=3190.

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I. Performance Based Monitoring Analysis System (PBMAS)

Performance indicator information from the TEA Division of Performance-Based Monitoring and

other available data are used to identify districts and charter schools with potential concerns related to

student performance, program effectiveness, program compliance and data integrity/accuracy.

The division monitors programs using a variety of strategies, including district/charter self-

evaluation, agency desk review, and on-site monitoring to identify areas in need of improvement or

correction for a given program. Based on the results of monitoring activities, intervention and sanction

measures are implemented to address findings related to performance concerns and noncompliance with

federal and state requirements. The extent and duration of performance concerns are considered in the

determination of interventions and sanctions.

Current PBMAS special education indicators include

STAAR 3-8 Passing rate

Year-after-exit STARR 3-8 passing rate

STAAR EOC passing rate

STAAR participation rates by assessment instrument

Least restrictive environment placement rates

Annual drop-out rates, grades 7-12

Recommended program and distinguished program diploma rates

Graduation rate

Special education representation

African American representation

Hispanic representation

Limited English Proficiency (LEP) representation

Discretionary DAEP placements

Discretionary ISS (in school suspension) placements

Discretionary OSS (out of school suspension) placements

Additional information regarding PBMAS is available at

http://www.tea.state.tx.us/index2.aspx?id=3846&menu_id=2147483683

J. Residential Facility (RF) Monitoring

The RF monitoring system was established to improve school districts and charter school

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 system provides for standards and procedures for monitoring the special

education programs provided to students with disabilities residing in RFs.

The definition of an RF, for the purposes of the RF monitoring system, is a facility that provides

24-hour custody or care of students who reside in the facility for detention, treatment, foster care, or any

non-educational purpose. An RF does not include traditional foster homes licensed by the Texas

Department of Family and Protective Services (DFPS) as Foster Family Homes (Independent).

Marlin ISD Special Education Operating Guidelines Page 153 Revised 10/20/2014

School districts and charter schools serving students with disabilities residing in residential

facilities located within their geographic boundaries and/or jurisdictions are subject to the RF monitoring

system.

Additional information regarding the RF monitoring system is available at

http://www.tea.state.tx.us/index2.aspx?id=2147495560&menu_id=2147483703&menu_id2=2147483719

K. State Performance Plan (SPP)

Each state is required to develop a six-year performance plan to document and evaluate the state’s

efforts to implement the requirements of IDEA 2004 and to demonstrate the state’s continuous

improvement efforts. The current plan consists of 20 indicators that address the following areas

Free appropriate public education in the least restrictive environment

Disproportionality

Child find

Effective transition and

General supervision

1. District Indicators

TEA is required to publicly report district performance against state targets for the following indicators

1. Graduation

2. Dropout

3. Adequate Yearly Progress (AYP)

4. Suspension/Expulsion

5. Educational Environment, ages 6-21

6. Educational Environment, ages 3-5

7. Early Childhood Outcomes

8. Parent Participation

9. Disproportionality in the special education program

10. Disproportionality by specific disability

11. Child find

12. Early Childhood Transition

13. Secondary Transition

14. Post-school Outcomes

Additional information on the State Performance Plan and a timeline for reporting

SPP indicators is available at: http://www.tea.state.tx.us/index2.aspx?id=2147497590

2. District Data Collection

Data for Indicators 1 and 2 are collected through PEIMS submissions and reported from the AEIS

dataset

Data for Indicators 3A-C are collected from student test answer documents and reported from the

AYP dataset.

Data for Indicators 4A-B, 5A-C, 6, 9 and 10 are collected through and reported from PEIMS.

Data for Indicators 7, 11, 12 and 13 are collected through online TEASE applications.

Data for Indicators 8 and 14 are collected through survey instruments and reported from aggregate

datasets.

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Additional information regarding State Performance Plan Indicator data collection procedures is available

at http://www.tea.state.tx.us/index2.aspx?id=2147497590

3. District Determinations

TEA is required to make annual determinations on the performance of districts’ programs for students

with disabilities. Determination levels are communicated to appropriate district personnel, but are not

publicly reported. TEA considers the following factors in making determinations

Performance on compliance indicators in the SPP

Data submission (valid, reliable, timely)

Uncorrected noncompliance from other sources (complaints resolution, due process and

monitoring)

Rating in the School Financial Integrity Rating System (FIRST)

PBM Program Effectiveness special education intervention stage

TEA uses the following determination levels to report district performance

Meets Requirements

Needs Assistance

Needs Intervention

Needs Substantial Intervention

L. Collaboration with Other Agencies

Marlin ISD will abide by the requirements of the letters of agreement and Memoranda of

Understanding (MOUs) listed below.

Interagency Letter of Agreement between TEA and the Texas Department of Assistive and

Rehabilitative Services (DARS) regarding Secondary Transition

Auditory and or Visual Impairment MOU between the Interagency Council on Early Childhood

Intervention (ECI) and TEA

Early Transition MOU between the Interagency Council on Early Childhood Intervention and

TEA

MOU on Coordination of Services to Disabled Persons between TEA and the Texas Department

of Human Services (TDHS), Texas Department of Health (TDH), Texas Department of Mental

Health and Mental Retardation (TXMHMR), Texas Rehabilitation Commission, Texas

Commission for the Blind, Texas Commission for the Deaf and Hearing Impaired, Texas

Department of Protective and Regulatory Services (PRS) and ECI

MOU Concerning Interagency Coordination of Special Education Services to Students with

Disabilities in Residential Settings between TEA, TDHS, TDMHMR, TDH, PRS, ECI, Texas

Commission Alcohol and Drug Abuse (TCADA), Texas Juvenile Probation Commission (TJPC)

and Texas Youth Commission (TYC)

Additional information on Interagency Letters of Agreement and MOUs is available at

http://www.tea.state.tx.us/index2.aspx?id=2147496885

Marlin ISD Special Education Operating Guidelines Page 155 Revised 10/20/2014

M. Federal Funding

Coordinated Early Intervening Services (CEIS) - Marlin ISD may use up to 15 percent of the amount it

receives under IDEA-Part B for any fiscal year to develop and implement coordinated, early intervening

services for students in kindergarten through grade 12 (with particular emphasis on students in

kindergarten through grade three) who are not currently identified as needing special education or related

services, but who need additional academic and behavioral support to succeed in a general education

environment. A district identified as having significant disproportionality based on race or ethnicity must

reserve the maximum amount of 15% of IDEA-B funds to be used for coordinated early intervening

services.

Prior to accessing IDEA-B funds for coordinated early intervening services, Marlin ISD will consider

assembling an integrated (general and special education) program evaluation team to

Establish the basis and need for CEIS

Establish a process by which the district will identify students needing CEIS

Develop a written plan for implementation

Due to the following factors, Marlin ISD should use caution when allocating CEIS funds to support

specific programs

A district whose data indicate significant disproportionality based on race or ethnicity may be

required by the state to expend all CEIS funds in a manner that specifically addresses factors

resulting in over-representation. The use of CEIS funds for programs that do not meet this

requirement would likely be unallowable. Districts with performance-based monitoring in

progress should also exercise cautions in the use of CEIS funds for specific programs

Districts must collect data regarding specific students served using CEIS funds and of these

students, which are referred and found eligible for special education services. Districts who choose

this option must establish and effectively implement systems to meet data collection requirements

for students in specific programs.

CEIS Activities In implementing coordinated early intervening services, Marlin ISD may carry out activities that include

Professional development (which may be provided by entities other than Marlin ISD) to enable

teachers and other school staff to deliver scientifically based academic and behavioral

interventions, including scientifically based literacy instruction and, where appropriate, instruction

on the use of adaptive and instructional software and

Providing educational and behavioral evaluations, services and supports, including scientifically

based literacy instruction

Reporting If Marlin ISD develops and maintains coordinated early intervening services, it must annually report to

TEA

The number of children served using these funds, including students served by personnel who

participated in professional development activities supported by CEIS and

The number of children served who subsequently received special education and related services

during the preceding two year period

School wide Programs Under Title I of the ESEA

Marlin ISD may use funds received under IDEA-Part B for any fiscal year to carry out a schoolwide

program under ESEA, except that the amount used in any schoolwide program may not exceed the

amount received by Marlin ISD under IDEA-Part B for that fiscal year divided by the number of children

Marlin ISD Special Education Operating Guidelines Page 156 Revised 10/20/2014

with disabilities in Marlin ISD’s jurisdiction and multiplied by the number of children with disabilities

participating in the schoolwide program

The funds must be considered IDEA-Part B funds for purposes of the calculations required by applicable

federal regulations. The funds may be used without regard to federal regulations regarding use of

amounts.

Except as described above, all other requirements of IDEA-Part B must be met by a district using IDEA-

Part B funds, including ensuring that children with disabilities in school wide program schools (a) receive

services in accordance with a properly developed IEP and (b) are afforded all of the rights and services

guaranteed to children with disabilities.

Permissive Use of Funds

Notwithstanding applicable federal regulations, funds provided to a district under IDEA-Part B may be

used for the following activities:

Services and aids that also benefit nondisabled children. For the costs of special education and

related services and supplementary aids and services, provided in a regular class or other

education-related setting to a student with a disability in accordance with the IEP of the student,

even if one or more nondisabled children benefit from these services

Early intervening services. To develop and implement coordinated, early intervening educational

services

High cost education and related services. To establish and implement cost or risk sharing funds,

consortia or cooperatives for the district itself or for districts working in a consortium of which the

district is a part, to pay for high cost special education and related services

Marlin ISD may use IDEA-Part B funds to purchase appropriate technology for recordkeeping, data

collection and related case management activities of teachers and related services personnel providing

services described in the IEP of children with disabilities, that is needed for the implementation for those

case management activities.

Additional information regarding federal funding is available at:

http://www.tea.state.tx.us/index2.aspx?id=2147493439

N. Use of Public or Private Insurance

Public Insurance Marlin ISD may use Medicaid, other public benefits or insurance programs in which a student participates

to provide or pay for services, as permitted under the public benefits or insurance program provided that

Marlin ISD

Does not require parents to sign up or enroll in public benefits or insurance programs in order for

their student to receive FAPE

Does not require parents to incur out-of-pocket expenses such as the payment of a deductible or

co-pay amount incurred in filing a claim (Marlin ISD may use IDEA-Part B funds to pay the cost

that parent otherwise would pay)

May not use a student’s benefits under a public benefit or insurance program that would

Decrease available lifetime coverage or any other insured benefit

Result in the family paying for services that would otherwise be covered by the public

benefits or insurance program and that are required for the student outside of the time the

student is in school

Increase premiums or lead to the discontinuation of benefits or insurance or

Marlin ISD Special Education Operating Guidelines Page 157 Revised 10/20/2014

Risk loss of eligibility for home and community-based waivers, based on aggregate health-

related expenditures

Obtains parental consent each time that access to public benefits or insurance is sought and

Notifies parents that the parents’ refusal to allow access to their public benefits or insurance does

not relieve Marlin ISD of its responsibility to ensure that all required services are provided at no

cost to the parents

Use of IDEA-Part B Funds If a Marlin ISD is unable to obtain parental consent to use the parents’ private insurance, or public

benefits or insurance when the parents would incur a cost for a specified service required to ensure FAPE,

the district may use its IDEA-Part B funds to pay for the service.

To avoid financial cost to parents who otherwise would consent to use private insurance, public benefits

or insurance if the parents incur a cost, Marlin ISD may use its IDEA-Part B funds to pay the cost that the

parents would otherwise have to pay to use the parents’ benefits or insurance (e.g., the deductible or co-

pay amounts).

Proceeds from Public Benefits or Insurance or Private Insurance Proceeds from public benefits or insurance or private insurance shall not be treated as program income.

If Marlin ISD spends reimbursements from federal funds (e.g., Medicaid) for services, those funds will

not be considered “state or local” funds for purposes of maintenance of effort provisions.

Construction None of the requirements described above should be construed to alter the requirements imposed on a

state Medicaid agency or any other agency administering a public benefits or insurance program by

federal statute, regulations or policy or any other public benefits or insurance program.

Additional information regarding special education funding is available at

http://www.tea.state.tx.us/index2.aspx?id=2147493439

O. Residential Placements

Requests for approval of state and federal funding for residentially placed students shall be

negotiated on an individual student basis through a residential application submitted by the school district

to the TEA

The residential placement, if approved by the TEA, shall be funded as follows

The education cost of residential contracts shall be funded with state funds on the same basis as

nonpublic day school contract costs.

Related services and residential costs for residential contract students shall be funded from a

combination of fund sources. After expending any other available funds, the district must

expend its local tax share per average daily attendance and 25% of its IDEA-Part B formula

tentative entitlement (or an equivalent amount of state and/or local funds) for related services

and residential costs. If this is not sufficient to cover all costs of the residential placement, the

district, through the residential application process, may receive additional IDEA-B

discretionary funds to pay the balance of the residential contract placement(s) costs.

Funds generated by the formula for residential costs described in shall not exceed the daily rate

recommended by the Texas Department of Protective and Regulatory Services for the specific

level of care in which the student is placed.

Additional information regarding residential placements is available at

http://ritter.tea.state.tx.us/pmi/spedmon/nonpublic.html