Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 1 - GENERAL PROVISIONS › Section 89.1005 - Instructional Arrangements and Settings

Current through Reg. 49, No. 28; July 12, 2024
(a) Each local school district shall be able
					 to provide services with special education personnel to students with
					 disabilities in order to meet the special needs of those students in accordance
					 with 34 Code of Federal Regulations, §§300.114-300.118.
(b) Subject to §89.1075(e) of this title
					 (relating to General Program Requirements and Local District Procedures), for
					 the purpose of determining the student's instructional arrangement/setting, the
					 regular school day is defined as the period of time determined appropriate by
					 the admission, review, and dismissal (ARD) committee.
(c) Instructional arrangements/settings shall
					 be based on the individual needs and individualized education programs (IEPs)
					 of eligible students receiving special education services and shall include the
					 following.
(1) Mainstream. This instructional
					 arrangement/setting is for providing special education and related services to
					 a student in the regular classroom in accordance with the student's IEP.
					 Qualified special education personnel must be involved in the implementation of
					 the student's IEP through the provision of direct, indirect, and/or support
					 services to the student and/or the student's regular classroom teacher(s)
					 necessary to enrich the regular classroom and enable student success. The
					 student's IEP must specify the services that will be provided by qualified
					 special education personnel to enable the student to appropriately progress in
					 the general education curriculum and/or appropriately advance in achieving the
					 goals set out in the student's IEP. Examples of services provided in this
					 instructional arrangement include, but are not limited to, direct instruction,
					 helping teacher, team teaching, co-teaching, interpreter, educational aides,
					 curricular or instructional modifications/accommodations, special
					 materials/equipment, positive classroom behavioral interventions and supports,
					 consultation with the student and his/her regular classroom teacher(s)
					 regarding the student's progress in regular education classes, staff
					 development, and reduction of ratio of students to instructional
					 staff.
(2) Homebound. This
					 instructional arrangement/setting is for providing special education and
					 related services to students who are served at home or hospital bedside.
(A) Students served on a homebound or
					 hospital bedside basis are expected to be confined for a minimum of four
					 consecutive weeks as documented by a physician licensed to practice in the
					 United States. Homebound or hospital bedside instruction may, as provided by
					 local district policy, also be provided to chronically ill students who are
					 expected to be confined for any period of time totaling at least four weeks
					 throughout the school year as documented by a physician licensed to practice in
					 the United States. The student's ARD committee shall determine the amount of
					 services to be provided to the student in this instructional
					 arrangement/setting in accordance with federal and state laws, rules, and
					 regulations, including the provisions specified in subsection (b) of this
					 section.
(B) Home instruction may
					 also be used for services to infants and toddlers (birth through age 2) and
					 young children (ages 3-5) when determined appropriate by the child's
					 individualized family services plan (IFSP) committee or ARD committee. This
					 arrangement/setting also applies to school districts described in Texas
					 Education Code, §29.014.
(3) Hospital class. This instructional
					 arrangement/setting is for providing special education instruction in a
					 classroom, a hospital facility, or a residential care and treatment facility
					 not operated by the school district. If the students residing in the facility
					 are provided special education services outside the facility, they are
					 considered to be served in the instructional arrangement in which they are
					 placed and are not to be considered as in a hospital class.
(4) Speech therapy. This instructional
					 arrangement/setting is for providing speech therapy services whether in a
					 regular education classroom or in a setting other than a regular education
					 classroom. When the only special education or related service provided to a
					 student is speech therapy, then this instructional arrangement may not be
					 combined with any other instructional arrangement.
(5) Resource room/services. This
					 instructional arrangement/setting is for providing special education and
					 related services to a student in a setting other than regular education for
					 less than 50% of the regular school day.
(6) Self-contained (mild, moderate, or
					 severe) regular campus. This instructional arrangement/setting is for providing
					 special education and related services to a student who is in a self-contained
					 program for 50% or more of the regular school day on a regular school
					 campus.
(7) Off-home campus. This
					 instructional arrangement/setting is for providing special education and
					 related services to the following, including, but not limited to, students at
					 South Texas Independent School District and Windham School District:
(A) a student who is one of a group of
					 students from more than one school district served in a single location when a
					 free appropriate public education is not available in the respective sending
					 district;
(B) a student in a
					 community setting or environment (not operated by a school district) that
					 prepares the student for postsecondary education/training, integrated
					 employment, and/or independent living in coordination with the student's
					 individual transition goals and objectives, including a student with regularly
					 scheduled instruction or direct involvement provided by school district
					 personnel or a student in a facility not operated by a school district (other
					 than a nonpublic day school) with instruction provided by school district
					 personnel; or
(C) a student in a
					 self-contained program at a separate campus operated by the school district
					 that provides only special education and related services.
(8) Nonpublic day school. This instructional
					 arrangement/setting is for providing special education and related services to
					 students through a contractual agreement with a nonpublic school for special
					 education.
(9) Vocational
					 adjustment class/program. This instructional arrangement/setting is for
					 providing special education and related services to a student who is placed on
					 a job (paid or unpaid unless otherwise prohibited by law) with regularly
					 scheduled direct involvement by special education personnel in the
					 implementation of the student's IEP. This instructional arrangement/setting
					 shall be used in conjunction with the student's individual transition goals and
					 only after the school district's career and technical education classes have
					 been considered and determined inappropriate for the student.
(10) Residential care and treatment facility
					 (not school district resident). This instructional arrangement/setting is for
					 providing special education instruction and related services to students who
					 reside in care and treatment facilities and whose parents do not reside within
					 the boundaries of the school district providing educational services to the
					 students. In order to be considered in this arrangement, the services must be
					 provided on a school district campus. If the instruction is provided at the
					 facility, rather than on a school district campus, the instructional
					 arrangement is considered to be the hospital class arrangement/setting rather
					 than this instructional arrangement. Students with disabilities who reside in
					 these facilities may be included in the average daily attendance of the
					 district in the same way as all other students receiving special
					 education.
(11) State-supported
					 living center. This instructional arrangement/setting is for providing special
					 education and related services to a student who resides at a state-supported
					 living center when the services are provided at the state-supported living
					 center location. If services are provided on a local school district campus,
					 the student is considered to be served in the residential care and treatment
					 facility arrangement/setting.