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NEW Texas Education Law for Students with Autism for those served in the public schools by qualifying for services under the Individuals with Disabilities Education Act Autism Supplement (Effective November 11, 2007) - Texas Administrative Code §89.1055.
Content of the Individualized Education Program (IEP). http://www.tea.state.tx.us/rules/tac/chapter089/ch089aa.html
For students eligible under §89.1040(c)(1) of this title (relating to Eligibility Criteria), the strategies described in paragraphs (1)-(11) of this subsection shall be considered, based on peer-reviewed, research-based educational programming practices to the extent practicable and, when needed, addressed in the IEP: (1) extended educational programming (for example: extended day and/or extended school year services that consider the duration of programs/settings based on assessment of behavior, social skills, communication, academics, and self-help skills);
(2) daily schedules reflecting minimal unstructured time and active engagement in learning activities (for example: lunch, snack, and recess periods that provide flexibility within routines; adapt to individual skill levels; and assist with schedule changes, such as changes involving substitute teachers and pep rallies);
(3) in-home and community-based training or viable alternatives that assist the student with acquisition of social/behavioral skills (for example: strategies that facilitate maintenance and generalization of such skills from home to school, school to home, home to community, and school to community);
(4) positive behavior support strategies based on relevant information, for example: (A) antecedent manipulation, replacement behaviors, reinforcement strategies, and data-based decisions; and (B) a Behavior Intervention Plan developed from a Functional Behavioral Assessment that uses current data related to target behaviors and addresses behavioral programming across home, school, and community-based settings;
(5) beginning at any age, consistent with subsections (g) of this section, futures planning for integrated living, work, community, and educational environments that considers skills necessary to function in current and post-secondary environments;
(6) parent/family training and support, provided by qualified personnel with experience in Autism Spectrum Disorders (ASD), that, for example: (A) provides a family with skills necessary for a child to succeed in the home/community setting; (B) includes information regarding resources (for example: parent support groups, workshops, videos, conferences, and materials designed to increase parent knowledge of specific teaching/management techniques related to the child's curriculum); and (C) facilitates parental carryover of in-home training (for example: strategies for behavior management and developing structured home environments and/or communication training so that parents are active participants in promoting the continuity of interventions across all settings);
(7) suitable staff-to-student ratio appropriate to identified activities and as needed to achieve social/behavioral progress based on the child's developmental and learning level (acquisition, fluency, maintenance, generalization) that encourages work towards individual independence as determined by, for example: (A) adaptive behavior evaluation results; (B) behavioral accommodation needs across settings; and (C) transitions within the school day;
(8) communication interventions, including language forms and functions that enhance effective communication across settings (for example: augmentative, incidental, and naturalistic teaching);
(9) social skills supports and strategies based on social skills assessment/curriculum and provided across settings (for example: trained peer facilitators (e.g., circle of friends), video modeling, social stories, and role playing);
(10) professional educator/staff support (for example: training provided to personnel who work with the student to assure the correct implementation of techniques and strategies described in the IEP); and teaching strategies based on peer reviewed, research-based practices for students with ASD (for example: those associated with discrete-trial training, visual supports, applied behavior analysis, structured learning, augmentative communication, or social skills training)”.
Source: The provisions of this §89.1191 adopted to be effective March 6, 2001,
26 TexReg 1837; amended to beeffective November 11, 2007, 32 TexRe
Updated “It’s a New IDEA!” 2007 Parent Manual is Now Available:
This 61-page manual is an invaluable resource for families trying to
understand the Texas special education system. The newly updated August
2007 version is available online on The Arc of Texas website,
www.thearcoftexas.org, and Advocacy, Inc.’s website,
www.advocacyinc.org,
and can be downloaded and used by anyone. The manual incorporates the
most recent changes in federal regulations and state law. For a printed
version from The Arc of Texas, call 1-800-252-9729 or email
rstatman@thearcoftexas.org.
Autism Advocate Partners with NATTAP to Showcase Successful Teaching Strategies The third edition of ASA’s Autism Advocate, which
arrives in ASA member mailboxes this week, focuses on addressing the educational
needs of children with autism in our K-12 schools. Articles look at new models
for education planning, parent-teacher collaboration, the role of paraeducators,
how to teach social skills and much more. Our hope is that it will serve as a
useful resource for both educators and parents alike as we begin a new school
year. To purchase copies or sign on as a member, visit
www.autism-society.org/magazine or email
editor@autism-society.org.
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ISSUES |
HIGH SCHOOL |
COLLEGE |
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Laws |
IDEA, P.L. 94-142, Section 504 – promotes student success |
ADA – promotes student access to programs and services |
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Basis of services |
IEP, school assessments |
IEP not acceptable, documentation from licensed professional required |
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Student’s relation to the school |
Dependent, uninvolved in educational contract, open discussion among staff |
Expected to: know when to get assistance, understand their disability & needs, know & use campus resources/services, be a self-advocate |
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Services |
Entitled to services, resource room, course waivers, test/grade modifications |
Appropriate services determined based on documentation & justification of functional limitations |
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Relations with parents |
IEP developed with parents, reports to parents, parents informed when student is in trouble |
Parents generally excluded because of FERPA/Buckley Amendment, discussion possible only with authorization signed by student |
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Structure & accountability |
Teachers & parents very involved |
More freedom & responsibility, community policies & consequences |
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Time |
In class all day, after- school time structured |
Less time in class & varies each day, more free time, many social opportunities |
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Classes |
Directed by teacher, work done in class, in class all day |
Attendance optional, out-of-class reading & assignments, 4-6 classes each semester, expected to be an independent learner |
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IDEA
To understand your child's rights in America's public schools, it helps to start with one of the primary laws governing the education of children with disabilities: the Individuals with Disabilities Education Act (P.L. 101-476). IDEA is a federal law that guarantees a free and appropriate public education for every child with a disability. This means that if you enroll your child in public school, his/her education should be at no cost to you and should be appropriate for his/her age, ability and developmental level. IDEA is an amended version of the Education for All Handicapped Children Act (P.L. 94-142), passed in 1975. In 1997, IDEA was reauthorized (P.L. 105-17), further defining children's rights to educational services and strengthening the role of parents in the educational planning process for their children.
Getting a copy of IDEA
Copies of the IDEA law and/or regulations are available from the Government Printing Office or may be available at your public library. Your state senator may also be able to provide you with a copy. Or you can visit the Web site of the Families and Advocates Partnership for Education (FAPE) project, run by the PACER Center and funded by the U.S. Department of Education for information on the law and its regulations. IDEA has both statutes and regulations. The IDEA statute is the governing legislation - the language of the law, and the regulations are an explanation of how the law is to be enacted. The law explains what conditions exist; the regulations explain how these conditions are applied.
Families New To AutismThis 8-page brochure will provide the reader
with a general understanding of Autism Spectrum Disorders, an overview of
the various treatment options, and brief information about education and
services that are helpful to children and adults with autism.
To view the brochure for download or printing,
click here. (This brochure is currently only available for download.)
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IEPs
The Individualized Education Plan (IEP) is a written document that outlines a child's education. As the name implies, the educational program should be tailored to the individual student to provide maximum educational benefit. The key word is individual. A program that is appropriate for one child with autism may not be appropriate for another. The IEP is the cornerstone for the education of a child with a disability. It should identify the services a child needs so that he/she may grow and learn during the school year. It is also a legal document that outlines:
| The child's special education plan by defining goals for the school year | |
| Services needed to help the child meet those goals | |
| A method of evaluating the student's progress |
The objectives, goals and selected services are not just a collection of ideas on how the school may educate a child. The school district must educate your child in accordance with the IEP. To develop an IEP, the local education agency officials and others involved in the child's educational program meet to discuss education related goals. By law, the following people must be invited to attend the IEP meeting:
One or both of the child's parents, the child's teacher or prospective teacher, a representative of the public agency (local education agency), other than the child's teacher, who is qualified to provide or supervise the provision of special education, the child, if appropriate, other individuals at the discretion of the parent or agency (such as a physician, advocate, or neighbor)
With the 1997 Reauthorization of IDEA (P.L. 105-17), parents now must be included as "members of any group that makes decisions on the educational placement of the child." IEP meetings must be held at least annually, but may be held more often if needed. Parents may request a review or revision of the IEP at any time. While teachers and school personnel may come prepared for the meeting with an outline of goals and objectives, the IEP is not complete until it has been thoroughly discussed and all parties agree to the written document.
Parents are entitled to participate in the IEP meeting as equal participants with suggestions and opinions regarding their child's education. They may bring a list of suggested goals and objectives, as well as additional information that may be pertinent, to the IEP meeting. The local education agency (LEA) must attempt to schedule the IEP meeting at a time and place agreeable to both school staff and parents. School districts must notify parents in a timely manner so that they will have an opportunity to attend. The notification must indicate the purpose of the meeting (i.e. to discuss transition services, behavior problems interfering with learning, academic growth). Parents may encounter stipulations presented by school personnel that may not necessarily be supported by the provisions of the IDEA. Some statements have included:
"IEPs must be a predetermined number of pages," : "IEPs are to be completed without parental input and only a certain number of goals and objectives are allowed on the IEP," : "If your objective doesn't fit into the field length on our computer program, it can't be included."
There is nothing in the federal law that supports these type of statements or stipulations. While parents should not accept misinformation concerning the IEP, you don't need to approach the parent/school relationship in an adversarial manner. It is in everyone's best interest to remember that both parents and teachers share a common goal: to develop a program that will be appropriate for the child with autism. By sharing information and knowledge, parents and schools can collaborate to develop a truly effective IEP.