Austin Discovery School
County School No.: 227821
SPECIAL EDUCATION MODEL POLICIES
for
OPEN-ENROLLMENT CHARTER SCHOOLS
AS REQUIRED BY 20 U.S.C. §1413(A)(1)
Charter School: Austin Discovery School
County School No.: 227821
Introduction
To further promote local initiative, the 1995 revision of the Texas Education Code (TEC) established a new type of public school, known as a charter school. Charter schools are subject to fewer state laws than other public schools with the idea of ensuring fiscal and academic accountability without undue regulation of instructional methods or pedagogical innovation. Like traditional school districts, charter schools are monitored and accredited under the statewide testing and accountability system.
According to the TEC, the purposes of charter schools are to (1) improve student learning; (2) increase the choice of learning opportunities within the public school system; (3) create professional opportunities that will attract new teachers to the public school system; (4) establish a new form of accountability for public schools; and (5) encourage different and innovative learning methods.
Policy Overview
Each open-enrollment charter school, must assure that it has (or will have upon opening for initial charter applicants) policies and procedures in place that ensure implementation of the Individuals with Disabilities Education Act 2004 (IDEA) and all federal regulations, Texas laws, State Board of Education (SBOE) rules, and Commissioner’s rules concerning students with disabilities receiving special education services, and further assures that any future amendments to the regulations, laws, and rules will be incorporated into policies and procedures and implemented by the charter school.
The Special Education Model Policy Series for Charter Schools is a series of publications by the Texas Charter Schools Association (TCSA). These publications are an educational tool for charter school leaders to aid in the operation and management of open-enrollment charter schools in Texas.
Unless specifically noted in the policies, all of the Special Education Model Policy Series are legally required for each open-enrollment charter school and must be updated regularly.
Each policy in the Special Education Policy Series provides a summary of state and federal statutes, regulations, and related case law applicable to all open-enrollment charter schools. Citations to these materials are provided throughout the policies.
Where “school” or “public school” is used in chapters of the TEC that are applicable to open-enrollment charter schools, the term “open-enrollment charter school” is substituted to conform to the applicable requirements or prohibitions. An open-enrollment charter school is subject to federal laws governing public schools. (TEC §12.103(a))
Scope of Service & Copyright Notice
The Special Education Model Policy Series is designed as resource of information for open-enrollment charter schools, students and their families. The policies should not be construed as legal advice. It should be used in connection with consulting and obtaining advice from the school’s legal counsel to ensure compliance with applicable legal requirements.
Companion Guide to these Policies: (1) Texas Open-Enrollment Charter School Handbook (TEA, Division of Charter School Administration, September 2011), available at: http://www.esc11.net/cms/lib3/TX21000259/Centricity/Domain/67/CharterSchoolHandbook.pdf; and (2) the 2016 Model Policy Series (Texas Charter Schools Association, 2016, available at: http://quality.txcharterschools.org
/l
The Special Education Model Policy Series and all updates are copyrighted publications of the TCSA. All rights are reserved and will be enforced to the fullest extent of the law. The policy modules are for the sole use of the purchaser. Duplication and distribution in whole or in part is prohibited unless otherwise specifically authorized in writing by TCSA. Inquiries vl/, should be directed to TCSA, 700 Lavaca St., Suite 930, Austin, TX 78701.
For questions concerning the Special Education Model Policy Series for Charter Schools, contact:
Christine Nishimura, Director of Legal and Policy Services, or 512-584-8272.
CHARTER SCHOOL POLICY / ADMISSION, REVIEW, AND DISMISSAL(ARD) COMMITTEE MEETING
It is the policy of AUSTIN DISCOVERY SCHOOL open-enrollment charter school to hold an Admission, Review, and Dismissal (ARD) committee meeting for each student that qualifies for special education and related services in accordance with the Individuals with Disabilities Education Act (IDEA).
Through an ARD committee meeting AUSTIN DISCOVERY SCHOOL open-enrollment charter school will create an appropriate individual education program (IEP) in accordance with the IDEA and the IEP policy of AUSTIN DISCOVERY SCHOOL open-enrollment charter school.
Admission, Review and Dismissal (ARD) Committee
Before a student is enrolled in a special education program of AUSTIN DISCOVERY SCHOOL open-enrollment charter school, AUSTIN DISCOVERY SCHOOL shall establish a committee composed of the persons required under 20 U.S.C. §1401(11) to develop the student’s IEP, including:
1) Parent or Adult Student
2) General education teacher of the student
3) Special education teacher of the student
4) A representative of AUSTIN DISCOVERY SCHOOL open-enrollment charter school that is knowledgeable about general education curriculum, knowledgeable about the availability of resources, and qualified to provide or supervise the provision of, the specially designed instruction to meet the needs of the student with a disability;
5) A person who can interpret instructional implications of evaluations. This may be one of the other members.
6) At the discretion of the parent or AUSTIN DISCOVERY SCHOOL open-enrollment charter school, other individuals who have knowledge or expertise regarding the student, including related services providers
7) Student, when appropriate
(19 TAC §89.1050(c))
A representative of the school’s Career and Technology Education (CTE) program is a required member of the ARD committee when considering initial and continuing placement of a student in CTE.
(TEC §29.005(a); 34 CFR §75.1023(d)(1); 20 USC §2301)
ARD Committee Member Absences and Excusal
All members of a student’s ARD committee must be in attendance at a student’s ARD meeting, unless the member is not required, or is excused.
Prior to an ARD meeting, a member of the committee may not be required to attend, in whole or in part, if the parent and AUSTIN DISCOVERY SCHOOL open-enrollment charter school agree in writing that the attendance of the member is not needed.
During an ARD meeting, it is the policy of the AUSTIN DISCOVERY SCHOOL open-enrollment charter school to obtain consent from the parent or adult student before excusing a member from remaining at an ARD committee meeting. If a member is excused, it may be reflected in the deliberation notes. An ARD committee member should not be excused prior to addressing the member’s portion of the IEP.
ARD Committee Meeting Notification
AUSTIN DISCOVERY SCHOOL open enrollment charter school will provide parent or adult student written notice of each scheduled ARD meeting at least 5 days prior to the meeting. The notice must designate who will be in attendance, the purpose of the meeting, location, time and what topics will be discussed. (19 TAC §89.1015; 34 CFR §300.322)
Annual ARD Committee
For each student that receives special education and related services, an ARD committee meeting will be held periodically, but no less than annually to review and update the individual education program (IEP).
(34 CFR §§300.320; 300.324)
A parent or AUSTIN DISCOVERY SCHOOL open-enrollment charter school may request an ARD committee meeting be held prior to the annual ARD meeting. If parent requests a meeting in writing, AUSTIN DISCOVERY SCHOOL open-enrollment charter school will schedule a meeting at a mutually agreed upon time and place, or provide notice within 5 school days explaining the school’s denial of the request.
(19 TAC §89.1050(e))
Reaching Closure and Consensus
The ARD committee shall develop the IEP by agreement of the committee members or, if those persons cannot agree, by an alternate method provided by the Texas Education Agency. Majority vote may not be used to determine the IEP. (TEC §29.005(b))
If the IEP is not developed by agreement, the ARD Committee must comply with the requirements of 19 TAC §1050(h) and ensure that the written statement of the program required under 20 U.S.C. §1401(11) includes the basis of the disagreement. (TEC §29.005(c)).
If the ARD meeting ends in disagreement, it is the policy of AUSTIN DISCOVERY SCHOOL open-enrollment charter school to provide the parent with a recess. The recess shall not exceed 10 school days. During the recess, the committee members shall and the parent may gather additional information in order to help the committee reach consensus. If after 10 schools days, consensus cannot be reached, AUSTIN DISCOVERY SCHOOL shall implement the IEP that was determined to be appropriate for the student.
A parent may waive the 10 days recess.
(19 TAC §89.1050)
Through consensus of the ARD committee members, an ARD meeting may be recessed without reaching agreement or disagreement.
Parent’s Native Language and Documentation
If the student’s parent is unable to speak English, the open-enrollment charter school shall communicate with the parent in the parent’s native language or other mode of communication the parent uses in accordance with the school’s policy on use of parents’ native language.
It is the policy of AUSTIN DISCOVERY SCHOOL open-enrollment charter school to translate the IEP for a Spanish-speaking parent. A translation may include, a written translation of the IEP or a recording of a reading of the IEP in Spanish. A recording of the ARD meeting is not sufficient, unless all parts of the IEP are discussed and the translation is clearly audible on the recording. (TEC §29.005)
Amendment without a Meeting
After the annual admission, review and dismissal(ARD) meeting, changes to the IEP other than eligibility determinations, changes of placement, and manifestation determination reviews may be made either:
· By the entire ARD committee; or
· By amending the IEP rather than by redrafting the entire IEP.
(34 CFR §300.324)
ARD Committee Meeting without the Parent
It is the policy of AUSTIN DISCOVERY SCHOOL open-enrollment charter school to ensure that parents can attend the ARD meeting or have the opportunity to participate. AUSTIN DISCOVERY SCHOOL will work with the parent to come to an agreeable time or provide an opportunity to participate via conference call. (34 CFR §§300.322; 300.328)
If AUSTIN DISCOVERY SCHOOL is unable to convince parent to attend the ARD meeting, AUSTIN DISCOVERY SCHOOL may proceed with an ARD meeting without parent in attendance. AUSTIN DISCOVERY SCHOOL will document written notices sent to parent and phone calls with parent attempting to schedule a mutually agreeable time for the ARD meeting.
CHARTER SCHOOL POLICY / SPECIAL EDUCATIONAGES 0-5
Prekindergarten Programs
AUSTIN DISCOVERY SCHOOL open-enrollment charter school is subject to a prohibition, restriction, or requirement, as applicable, imposed by the Texas Education Code or a rule adopted under that code, relating to prekindergarten programs under Subchapter E, Chapter 29, Texas Education Code.
(TEC §12.104(b)(2)(H))
Preschool-Aged Children
If AUSTIN DISCOVERY SCHOOL open-enrollment charter school offers preschool, AUSTIN DISCOVERY SCHOOL must provide a free appropriate public education (FAPE) in the least restrictive environment to preschool-aged students even if Austin Discovery School does not provide free preschool programs to all preschool-aged children.
(34 C.F.R. §§300.101(a)-(b) and §300.116)
AUSTIN DISCOVERY SCHOOL may provide opportunities for the participation of the preschool students with disabilities in other preschool programs operated by public agencies or by locating classes for preschool students with disabilities in regular elementary schools. However, AUSTIN DISCOVERY SCHOOL is not required to initiate preschool programs or to establish extensive contact programs with private schools which serve both students with disabilities and students without disabilities solely to satisfy the requirements regarding placement in the least restrictive environment. (OSEP Policy Memo 89-23; 34 C.F.R. §300.102(a))
CHARTER SCHOOL POLICY / APPLICABILITY OF TEXAS EDUCATION CODE RELATING TO SPECIAL EDUCATIONApplicability of Texas Education Code Relating to Special Education
An open-enrollment charter school is subject to a prohibition, restriction, or requirement, as applicable, imposed by Title 2 (Public Education) of the Texas Education Code, or a rule adopted under Title 2 (Public Education) of the Texas Education Code, relating to special education programs under Subchapter A (Special Education Program), Chapter 29, Texas Education Code. (TEC §12.104(b)(2)(F)). The AUSTIN DISCOVERY SCHOOL open-enrollment charter school adopts the requirements of Subchapter A (Special Education Program), Chapter 29, Texas Education Code pursuant to TEC §12.104(b)(2)(F).
Assurance
Pursuant to the Individuals with Disabilities in Education Act (IDEA), open-enrollment charter schools must submit a plan to the Texas Education Agency that provides assurances that the open-enrollment charter school has in effect policies, procedures, and programs that are consistent with the State and Federal policies and procedures governing special education.
(20 USCA §1413(a)(1); 34 CFR §§300.200-.201)
CHARTER SCHOOL POLICY / SPECIAL EDUCATIONCHILD FIND DUTY
It is the policy of AUSTIN DISCOVERY SCHOOL open-enrollment charter school to ensure that—
1. All students with disabilities enrolled in the charter school or who contact the charter school regarding enrollment, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated; and
2. A practical method is developed and implemented to determine which students are currently receiving needed special education and related services.
These requirements apply to:
1. Homeless children;
2. Children who are wards of the state;
3. Highly mobile children with disabilities (such as migrant children); and
4. Children who are suspected of being a child with a disability under 34 CFR §300.7 and in need of special education, even though they are advancing from grade to grade.
(34 CFR §300.111)
See additional requirements in AUSTIN DISCOVERY SCHOOL open-enrollment charter school’s Evaluation Procedures and Eligibility policies.
After each student is enrolled in AUSTIN DISCOVERY SCHOOL open-enrollment charter school, AUSTIN DISCOVERY SCHOOL will promptly request all student records from the student’s previous school.
CHARTER SCHOOL POLICY / SPECIAL EDUCATIONCLOSING THE GAP
Elementary and Secondary Education Act Programs
The Elementary and Secondary Education Act (ESEA) was first passed by Congress in 1965 as part of President Lyndon B. Johnson’s War on Poverty. In 2001, the ESEA was reauthorized as the No Child Left Behind Act of 2001 (NCLB). The primary function of NCLB is to close the achievement gap between groups of students by requiring greater accountability and offering increased flexibility and choice. NCLB affects almost every charter school in the state.