More Fall Special Ed Conference Q&A continued…

Our conference Q&A session was a big hit, but not all of the questions could be answered.  Let’s take a look at a few. . .

Q:           Is adaptive PE considered a related service? @Quiramkids

A:            No.  According to the Adapted Physical Education National Standards, adaptive PE is not a related service.  The Individuals with Disabilities Education Act, 20 U.S.C. § 1401(26), defines “related services” as follows:   The term “related services” means “transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children.”  Physical education is required component of special education, rather than a supportive service, such as physical or speech therapy.  Thus, adaptive PE is not considered a related service.

Q:           Does a student who is severely handicapped functioning as a student with an intellectual disability have to follow the Student Code of Conduct?

A:            Whether a student is subject to the rules of the Student Code of Conduct is determined on a case-by-case basis by the student’s IEP team or ARD Committee.  Following a disciplinary infraction that could lead to a change in placement, the student’s ARD Committee will conduct a manifestation determination review to determine whether the specific disciplinary infraction is related to the student’s disability.  When behavioral issues arise, the IEP team should consider the student’s ability to understand and comply with the Student Code of Conduct and a functional behavioral assessment would assist in this determination.  If necessary, a Behavior Intervention Plan (BIP) should be developed so that the student’s teachers and providers can implement specific positive behavioral supports and strategies.  For more, we recommend this Q&A from the Department of Education on the discipline of students with disabilities.

Q:           The IEP must be provided to the parents in their native language . . . What is considered the IEP document?  Does it include the FIE, BIP, and any supplements?

A:            New amendments to the Texas Administrative Code, require the following:

If the student’s parent is unable to speak English and the parent’s native language is Spanish, the school district must provide a written copy or audio recording of the student’s IEP translated into Spanish. If the student’s parent is unable to speak English and the parent’s native language is a language other than Spanish, the school district must make a good faith effort to provide a written copy or audio recording of the student’s IEP translated into the parent’s native language.  19 Texas Administrative Code § 89.1050(h). 

An individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with the IDEA and its regulations.  According to the U.S. Department of Education, the IEP includes a number of components, including the following:

• A statement of the child’s present levels of academic achievement and functional performance…
• A statement of measurable annual goals, including academic and functional goals designed to:
  (1) meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and (2) meet each of the child’s other educational needs that result from the child’s disability;
• For children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives;
• A description of (1) how the child’s progress toward meeting the annual goals described in 34 CFR 300.320(a)(2) will be measured; and (2) when periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided;
• A statement of the special education and related services and supplementary aids and
  services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child;
• A statement of any individual appropriate accommodations that are necessary to measure
  the academic achievement and functional performance of the child on State and districtwide assessments consistent with section 612(a)(16) of the Act; and
• If the IEP Team determines that the child must take an alternate assessment instead of a particular regular State or districtwide assessment of student achievement, a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child. 34 CFR 300.320(a)] [20 U.S.C. 1414(d)(1)(A)(i).

Also, beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, and updated annually thereafter, the IEP must include:
• Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and
• The transition services (including courses of study) needed to assist the child in reaching those goals. 34 CFR 300.320(b); 20 U.S.C. 1414(d)(1)(A)(i)(VIII)(aa) and (bb).

While the new amendments to the Texas Administrative Code do not explicitly set out what IEP information must be translated, the best practice would be to translate all of the components of the IEP required by the IDEA and its regulations.  For more, visit the U.S. Department of Education’s guidance on what is required in an IEP.

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