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reimbursement for those specific nursing services, while the private duty nursing provider delivers all other nursing services. If there are conflicts between the school’s nursing services or the school’s personal care services and the private duty nursing services, schools should contact the HHSC Senior Policy Analyst for SHARS, who will in turn request that Case Management for Children and Pregnant Women (CPW) services be used to resolve differences between the school district, the outside provider, and the parent(s)/guardian(s). O7. Does an LVN need to be supervised by an RN? The Texas State Medicaid Plan has no supervisory requirements for Nursing Services to be payable through SHARS. However, the Texas Board of Nursing (BON) does have rules regarding supervision requirements that providers must follow. For more information on supervision requirements mandated by the BON please visit https://www.bon.texas.gov/. P. OCCUPATIONAL THERAPY P1. Can an OT bill for assistive technology training or assistive technology evaluations? Yes. Districts can bill SHARS for OT evaluation, therapy, training and fitting associated with such devices. The licensed OT can perform the evaluation. The licensed OT or the OT assistant can provide the treatment services. There are two procedure codes for SHARS OT services, one is the procedure code for the evaluation and one set of procedure codes is for the treatment services. There are more OT procedure codes available in the non-school setting. All those OT services are billable for SHARS under the appropriate procedure codes. See also the current TMPPM section on SHARS. P2. May school districts bill for a licensed provider providing direct service through demonstration of therapeutic activity to teach a non-licensed provider how to assist the student in the classroom? Yes, it is a billable SHARS service for PT and OT, provided it is included in the IEP and the student is an active participant 36

P3. If the frequency/duration does not change from year to year, only minimal change in the IEP goals/objectives, would a “new” prescription be required? Generally, goals/objectives change from school year to school year and we know the prescription is valid for 3 years unless the IEP changes. What specifically constitutes “a change” in the IEP with regards to PT/OT? The “change in the IEP” means that there is a change in the plan of care for these services. This in turn, would mean that an evaluation or reevaluation has been done for the student. If an evaluation or reevaluation results in a change in the plan of care for services, that results in a change to the goals and objectives for OT services and the frequency and duration of service remain the same, a new physician's script is not required. However, if the frequency and/or duration of OT service changes, then a new physician's script is required. If there are no changes to the prescription, the expiration date for the physician prescription is the earlier of either the physician’s designated expiration date on the prescription or three years, in accordance with the IDEA three-year re-evaluation requirement. P4. Can a Nurse practitioner bill for OT or PT services? No, both OT and PT providers must meet certain certification/licensure requirements in order for the services they provide to be payable through the SHARS program. OT services must be provided by a professional who is licensed by the Texas Board of Occupational Therapy Examiners or a certified occupational therapy assistant acting under the supervision of a qualified occupational therapist. PT services must be provided by a professional who is licensed by the Texas Board of Physical Therapy Examiners or a licensed physical therapist assistant (LPTA) acting under the supervision of a qualified physical therapist. P5. Are separate goals for occupational therapy required on the IEP? No. The Occupational Therapist may be checked as an implementor on any appropriate IEP goal(s) and do not require their own goal(s). The OT documentation must support the need for skilled OT services in accordance with state of Texas licensure requirements. Q. PHYSICAL THERAPY Q1. When a student is in a wheelchair and the physical therapist is making adjustments on the wheelchair and instructing the student on the use of the equipment, is this billable? Therapists may bill for time spent in “hands-on” activities with a student. This includes time spent in assisting the student with learning to use adaptive equipment or assistive technology and training staff. Time spent consulting or training staff and developing or modifying the adaptive equipment is NOT billable when the student is not part of the activity. 37

Q2. May school districts bill for a licensed provider providing direct service through demonstration of therapeutic activity to teach a non-licensed provider how to assist the student in the classroom? Yes, it is a billable SHARS service for PT and OT, provided it is included in the IEP and the student is an active participant Q3. If the frequency/duration does not change from year to year and there is only a minimal change in the IEP goals/objectives, would a “new” prescription be required? Generally, goals/objectives change from school year to school year and we know the prescription is valid for 3 years unless the IEP changes. What specifically constitutes “a change” in the IEP with regards to PT/OT? The “change in the IEP” means that there is a change in the plan of care for these services. This in turn, would mean that an evaluation or reevaluation has been done for the student. If an evaluation or reevaluation results in a change in the plan of care for services, that results in a change to the goals and objectives for PT services and the frequency and duration of service remain the same, a new physician's script is not required. However, if the frequency and/or duration of PT service changes, then a new physician's script is required. If there are no changes to the prescription, the expiration date for the physician prescription is the earlier of either the physician’s designated expiration date on the prescription or three years, in accordance with the IDEA three-year re-evaluation requirement. Q4. Do Physical Therapists have to sign Physical Therapist Assistant progress notes?? Notes do need to include the name of the supervising Physical Therapist; however, this is a Texas Board of Physical Therapy Examiners requirement and not a Medicaid requirement. Q5. Are separate goals for physical therapy required on the IEP? No. The Physical Therapist may be checked as an implementor on any appropriate IEP goal(s) and do not require their own goal(s). The PT documentation must support the need for skilled PT services in accordance with state of Texas licensure requirements. R. SPEECH AND LANGUAGE SERVICES R1. Is a MD referral required for speech therapy? Effective 9/1/2003, SHARS requirements allow for either a medical practitioner or a licensed practitioner of the healing arts to provide the referral for speech therapy. Licensed speech-language pathologists (SLPs) are considered licensed practitioners of the healing arts. The speech therapy evaluation and recommendation by the SLP may be considered the referral. 38

R2. How often must a referral for speech therapy be obtained? Referrals are generally good for 3 years. This is based on the 3 year revaluation time required by school districts under IDEA. According to this requirement, the re-evaluation can occur more frequently than the 3-year evaluation timeline. For example, if an evaluation or reevaluation results in a change in the Plan of Care for services, then that means a new prescription/referral is required. R3. Who can bill for services under speech-language pathology? Effective September 1, 2006, under the new SHARS State Plan language, speech therapy services under the SHARS program can be provided by speech/language pathologist (SLP), American Speech-Language-Hearing Association (ASHA) certified SLP with Texas license, ASHA-equivalent SLP, a TEA certified SLP, a SLP assistant licensed by the state or a grandfathered SLP when the assistant is acting under the supervision or direction of a qualified SLP. For more information, refer to the SHARS section of the current TMPPM. R4. May individuals without a master’s degree who were “grandfathered” to meet state requirements as licensed speech language pathologist receive reimbursement for their services? Yes, as long as they are supervised by an ASHA or ASHA-equivalent SLP. For more information, refer to the SHARS section of the current TMPPM. R5. Can individuals with a master’s degree in speech pathology who were “grandfathered” to meet state requirements as licensed speech language pathologist supervise others? Yes. A SLP with a grandfathered Texas license and a master’s degree is considered an ASHA-equivalent SLP and can supervise speech therapy providers that are not ASHA or ASHA-equivalent SLPs. For more information refer to the SHARS section of the current TMPPM. R6. A district has a TEA certified Speech Therapist on the RMTS PL for part of the year and is replaced with an ASHA-certified SLP, but the PL did not reflect this change, can both salaries be claimed on the Cost Report under the Speech Therapist? Yes, both salaries can be claimed on the cost report under the one speech therapist position. It is allowable because both providers have the appropriate certification and/or licensure, allowing them to provide the same services. R7. Can a licensed speech-language pathology assistant bill for SHARS reimbursement? 39

SLP assistants must be supervised by an ASHA or ASHA-equivalent SLP in order for a school district to bill for services provided by SLP assistants. R8. Can SLP interns bill for their services? Yes. SLP interns must be supervised by an ASHA or ASHA-equivalent SLP in order for a school district to bill for services provided by SLP interns. R9. Can TEA certified SLP bill for SHARS reimbursement? Yes, TEA certified SLPs supervised by an ASHA or ASHA-equivalent SLP can bill for SHARS reimbursement. For more information, refer to the SHARS section of the current TMPPM. S. PHYSICIAN SERVICES S1. What do districts most commonly bill under physician services? The most common claim for physician services involves obtaining prescriptions/referrals that Medicaid requires for physical therapy and occupational therapy services. S2. Does the doctor need to see the student? Whether or not the physician sees the student while reviewing records for writing a prescription/referral is left up to the professional judgment of the physician. The physician is ultimately responsible for the services he/she prescribes; and therefore, the decision for the level of review must be left up to the physician. See also response to C2. S3. Can districts bill for a physician's services if the physician does not charge the district for his/her services? Yes, it is permissible for school districts to bill for physician services under the SHARS program even if a physician does not charge the school district for his or her services. That physician must still participate in the RMTS for the services to be billed to SHARS. However, if the physician is not included on the RMTS participant list for the school district, that physician's services cannot be billed to Medicaid. S4. May assessments for students with visual impairments be billed under SHARS physician services? Visual screenings cannot be billed by a SHARS provider, because it is not a SHARS service. See also response to J9. 40

T. PERSONAL CARE SERVICES Personal Care Services (PCS) is a benefit of the Medicaid Children’s Services -Comprehensive Care Program (Medicaid Children’s Services CCP) for Texas Medicaid clients under the age of 21 years, who are not an inpatient or a resident of a hospital, in a nursing facility or intermediate care facility for the mentally retarded, or in an institution for mental disease. PCS are support services provided to clients who meet the definition of medical necessity and require assistance with activities of daily living (ADLs), instrumental activities of daily living (IADLs), and health related functions because of a physical, cognitive, or behavioral limitation related to a client’s disability or chronic health condition. PCS are provided by someone other than the minor client’s legal or foster parent/guardian or the client’s spouse. T1. What are personal cares services (PCS)? PCS include a range of human assistance provided to persons with disabilities and chronic conditions which enables them to accomplish age-appropriate tasks that they would normally do for themselves if they did not have a disability or chronic condition. An individual may be physically capable of performing activities of daily living (ADLs) and instrumental activities of daily living (IADLs), but may have limitations in performing these activities because of a functional, cognitive and/or behavioral impairment. Assistance may be in the form of “hands-on assistance” (actually performing a personal care task for a person) or “cueing” the person so that the person performs the task by him/herself. Such assistance most often relates to performance of ADLs and IADLs. ADLs include eating, bathing, dressing, toileting (including diapering), transferring, and maintaining continence. ADLs may also include assistance with mobility services (i.e., the ability to move between locations in the individual's environment). IADLs capture more complex life activities and include personal hygiene, light housework, essential household chores, laundry, meal planning and preparation, transportation, grocery shopping, communication by telephone or other media, medication management, managing finances, getting around and participating in the community, and limited exercises to increase range of motion and flexibility. These are not an all-inclusive list of ADLs and IADLs. Skilled nursing services that may only be performed or delegated by a registered nurse (RN) or advanced practice nurse (APN) are not considered personal care services. Delegated nursing services are services that are delegated to an individual whom the RN or APN has trained to perform the delegated nursing task. These delegated services must be billed under Nursing Services. Personal care services are supports that may be provided through: • Total or partial physical assistance • Prompting or cueing the student to complete the task 41

• Redirection, monitoring, and observation that are medically necessary and an integral part of completing a personal care service. Note: Monitoring and observation means watching for outward visible signs that are likely to occur and for which there is an appropriate personal care intervention. This could include such activities as monitoring a child for seizures or potentially dangerous behaviors. PCS may be required because a cognitive impairment prevents an individual from knowing when or how to carry out the task. For example, an individual may not be able to dress without instruction on how to do so or reminders of what to do and when. In such cases, PCS may include “cuing” or monitoring to ensure that the individual performs the task properly. PCS may include observation/monitoring and redirection/intervention for: • behavior that interferes with completion of ADL or IADL, such as withdrawal or unusual and repetitive habits; • behavior that is socially offensive; • behavior that will, or has the potential to, cause injury to the student and/or others; and • behavior that will, or has the potential to, cause damage to property. When is it personal care service? Yes No  Personal Care  Nursing ▪ Goal not to teach or ▪ Treat ▪ Assess habilitate, but complete the ▪ Educate ▪ Medication administration activity  Therapy ▪ Level of assistance is greater ▪ Rehab/rehabilitation ▪ Age appropriate activity than typical child of same age ▪ Need for assistance is related to disability/condition that affects function DOCUMENTATION IN THE INDIVIDUALIZED EDUCATION PLAN (IEP) Indication of placement in a self-contained setting [i.e., Life Skills classroom, Preschool Programs for Children with Disabilities (PPCD), etc.] is not sufficient IEP documentation to support Medicaid reimbursement for PCS. Personal care services can be provided on a continuing basis or on episodic occasions. Personal care services are provided on a one-on-one basis or group setting. One–on-One PCS delivered on a one-on-one basis to one student: (1) all day or (2) at various times throughout the day. Examples of sufficient IEP documentation are indicated below. 42

Documentation of medical necessity is required for PCS. That documentation should include, at a minimum, the diagnosis or diagnoses resulting in the need for PCS and any history of chronic conditions supporting the need for PCS. If the child is receiving one- on-one personal care services, the aide providing the one-on-one personal care services cannot be billed as a group service to other children in the school or on the bus. Example of documentation in the IEP Sufficient documentation • Assistance is required for one-on-one PCS for “Johnny”. PCS needs include observation and redirection of self-injurious behavior. PCS is required throughout the school day and during transportation to and from school on the bus. Johnny has bipolar disorder and gets angry, frustrated very easily. He often displays his anger and frustration Insufficient documentation • Assistance is required for one-on-one PCS for “Sue”. Sue has cerebral palsy. One-on-One PCS Periodically throughout the day The need for a student to receive one-on-one PCS periodically throughout the day must be documented in the IEP with examples provided. The documentation needs to address of the following items or provide the requested documentation: (1) Is the service provided on a one-on-one basis or group or both; (2) Examples of PCS; (3) When/where are the PCS needed; and (4) Reason(s) for PCS, such as medical necessity, etc. Example of documentation in the IEP Sufficient documentation • PCS assistance is required for “Timmy” periodically throughout the day on a one-on-one basis. Timmy has mental retardation and needs periodic PCS to assist him in moving from class to class. Without PCS assistance, Timmy would wander off. Insufficient documentation • PCS assistance is required for “Jane” periodically throughout the day on a one-on-one basis because she has visual impairment. Group PCS Group PCS are defined as when a staff person or a team of staff members work directly with more than one student (for example, in a self-contained classroom). REMINDER: Indication of placement in a self-contained setting [i.e., Life Skills classroom, Preschool Programs for Children with Disabilities (PPCD), etc.] is not sufficient IEP documentation to support Medicaid reimbursement for PCS. 43

The need for students to receive group PCS must be documented in the IEP with examples provided. The documentation needs to answer the following questions or provide the requested documentation: (1) Examples of PCS; (2) when are/where are the services needed; and (3) the reason(s) for PCS, such as medical necessity, etc. Example of documentation in the IEP Sufficient documentation • Group PCS assistance is required for “Janice” throughout the day. Janice has ADHD. She has difficulty staying on task and is very impulsive. She requires constant cueing, prompting, and redirection. Insufficient documentation • Group PCS assistance is required for “Janice” throughout the day because she has ADHD. Group PCS with intermittent one-on-one PCS Students receiving group PCS may also require intermittent one-on-one PCS throughout the day. Example of documentation in the IEP for group PCS with intermittent one-on-one PCS Sufficient documentation • “Sue” is in a self-contained classroom and needs group PCS throughout the day. In addition, Sue needs individual assistance with ADLs, including eating, toileting, mobility, and transfers because she is unable to transfer herself to the toilet and during transportation to and from school on the bus. Sue has cerebral palsy and cannot navigate her chair, feed or toilet herself. Insufficient documentation • “Bobby” needs group and one-on-one PCS throughout the day. Bobby is wheelchair bound. DOCUMENTATION OF SERVICES PROVIDED One-on-One In order to bill for PCS, all individual PCS must be documented by including in the service log the start time and stop time for each personal care service task/episode throughout the day, with minutes accumulated for the day for all personal care services delivered in an individual setting and converted to units, with checkboxes for the various types of personal care services delivered. Personal care services delivered on a one-on-one basis for one student for an entire day must have included in the service log the start time and stop time for the entire day. Service log for PCS must include the signature of the individual that provided the PCS. In cases where more than one person provided PCS throughout the day, only one person needs to sign the service log. If there are times in the day when the student receives services other than personal care services (e.g., speech therapy, nursing services, and non-SHARS services) and are not 44

accompanied by a PCS attendant, those minutes should be subtracted to arrive at the net personal care services minutes for the day. No session notes are required. Group In order to bill for group PCS, PCS may be documented by indicating the various types of personal care services delivered. In addition, group PCS must document the start time and stop time for each day. If there are times in the day when the student receives services other than personal care services (e.g., speech therapy, nursing services, and non-SHARS services), those minutes should be subtracted to arrive at the net personal care services minutes for the day. No session notes are required. Group and One-on-One Students receiving group PCS may also require intermittent one-on-one PCS throughout the day. For example: A student may need one-on-one assistance with toileting. Group PCS documentation must show stop time when documentation for one-on-one PCS assistance starts. Group PCS assistance start time will be documented when one-on- one PCS assistance ends. Due to the additional paperwork required, districts may choose not to seek reimbursement for episodes of one-on-one PCS time and may bill all of the student’s PCS under the group PCS code. If there are times in the day when the student receives services other than personal care services (e.g., speech therapy, nursing services, and non-SHARS services), those minutes should be subtracted to arrive at the net personal care services minutes for the day. No session notes are required. T2. If a student needs constant monitoring all day, even during instructional time, is the entire day billable as personal care services? The IEP should clearly justify the need for constant supervision or monitoring and any other PCS (such as toileting, feeding, etc.) required during the school day. The documentation justifying the medical necessity of PCS needs to answer the following questions or provide the requested documentation: (1) Examples of PCS; (2) when/where are the personal care services are needed; (3) Reason for PCS (such as medical necessity, etc.); and (4) Why can’t the student perform the age appropriate task? T3. Can personal care services be billed under nursing services? No, personal care services are not skilled nursing tasks. PCS must be billed as PCS and nursing services billed as nursing tasks. If there is uncertainty whether a task is a personal care service or a nursing service, the SHARS provider should check with their RN or APN who can make that determination. 45

See also response to Question O5. T4. What is required for documenting services for PCS? PCS documentation: 1) Must capture the minutes of the service with start and stop times, 2) Must have notation of specific type of PCS required, 3) Must identify type of PCS (one-on-one or group), 4) If PCS is provided throughout the day, the accumulation of all the PCS minutes for the day must be totaled and converted to units of service, and 5) Must include the signature of the individual that provided the PCS. (In group settings, each caregiver does not have to provide documentation for each child. Rather one caregiver can document for 2 or 3 students while another caregiver documents on the other 2 or 3 students. See also information and examples in response to Question T1. T5. May we bill SHARS for a student that is severe and profound to have a staff person accompany him/her to the job site or vocation training to provide job coaching and provide monitoring to the student while on the job? Is it billable and how must it be listed in the ARD/IEP? If a staff person, of the school district, accompanies the student to a job site or vocational training (during school hours), PCS can be billed when the need for PCS at the job site or vocational training (during school hours) is documented in the IEP. The IEP documentation justifying the medical necessity of PCS needs to answer the following questions or provide the requested documentation: (1) Examples of PCS; (2) when/where are the personal care services are needed; (3) Reason(s) for PCS (such as medical necessity, etc.); and (4) Why can’t the student perform the age appropriate task? In addition, required PCS documentation of the service(s) provided is outlined in the response to Question T4. See also information and examples in response to Question T1. T6. How do you bill for a full-time childhood special education setting (Early Childhood Intervention – ECI) as it relates to PCS? This setting consists of 3-5 students who have many assistants in the classroom to assist them in most everything they do. Most are severe. Would this be a group PCS? ECI is a separate Medicaid program and is not billable under SHARS. 46

T7. We have a student in PPCD (Preschool Program for Children with Disabilities) who requires PCS but does not require one-on-one PCS. This student is in the classroom from 8 am to 2 pm or 6 hours/360 minutes. The IEP deducts 60 minutes a day for lunch, etc., showing only 300 minutes. Can the hour for lunch, etc. be included in the group PCS claim? The student must still be fed, changed, cared for during this hour. No, because those 60 minutes are not in the student’s IEP. If it is not in the IEP, the service cannot be a SHARS reimbursable service. However, if the IEP was changed to include the 60 minutes for lunch, the school district would be able to bill for PCS provided during lunch, beginning with the effective date of the change. T8. Who is qualified to provide PCS? The state plan for EPSDT services outlines the requirements for a qualified provider in §42 CFR 440.167. PCS must be provided by a qualified provider who is 18 years or older and has been trained to provide the personal care services required by the client, e.g., bus monitor/aide on the bus, special education teacher and special education teacher's aide. T9. Can a paraprofessional provide PCS when they interpret to 2 hearing impaired students in a classroom for mainstream students? Yes, the paraprofessional would meet the definition of a PCS provider. T10. If a student has speech therapy in the life skills classroom because the student can become combative and the therapist wants the teacher’s aide to be readily available to assist with the student, should the speech therapist’s time be backed out of the total time for PCS? Yes. When the speech therapist begins therapy in the life skills classroom, the group PCS should be documented with a stop time and the speech therapist’s time should be should be documented with start and stop time for the period of the therapy session. Because the teacher’s aide is simply present in the classroom during the speech therapy, no PCS is being performed and cannot be billed. However, if the teacher’s aide is actually required to provide PCS during the same time the speech therapist is providing speech therapy (and documented in the IEP justifying the medical necessity of PCS during speech therapy time), then the PCS could be billed as individual PCS and documented with start and stop time. T11. Can we bill SHARS for special transportation and PCS, including PCS on the bus, if the IEP does not list special transportation, but does indicate transportation aid on the personal care attendant schedule of services? If the medical necessity for the PCS is documented in the IEP (to include PCS on the bus), the PCS on the specialized transportation vehicle (PCS on the bus) can be billed to SHARS. The specialized transportation (bus ride) cannot be billed to SHARS because 47

there is no medical necessity for the specialized transportation documented in the IEP. In order to bill SHARS for specialized transportation, the IEP would have to list that the child requires a specific adaptation(s) on a bus/vehicle and why the specific adaptation(s) were needed. T12. For personnel who have multiple duties, PCS Aide and Bus Driver, would the district claim total compensation and benefits to include both positions under “direct medical” expense? PCS Aide is a direct medical services provider that would be reported in Step 3 of the SHARS cost report. A bus driver is a transportation employee that would be reported in Step 4 of the cost report. In this scenario, you do not report total compensation and benefits under direct medical expenses. Instead, allocate the total cost of the employee between the two positions held. The ratios within the cost report will then reduce the employee’s costs accordingly. T13. Can a life skills teacher or aide who provides adaptive P.E. (physical education) be billed under PCS? Yes, if the PCS service provider assists in providing the adaptive need. For example, the PCS attendant assists with PT, OT, or range of motion. This PCS must be documented in the IEP (as outlined in the responses to Questions T1, T2, and T5 - justifying the medical necessity of PCS) and the service must be documented as outlined in the response to Question T4. T14. Can we bill for low-functioning children under PCS if they receive help with sorting, numbers, coloring, puzzles, calendars, etc.? If these life skills student goals and objectives are tied to these types of activities, which in some cases may seem academic in nature, are they considered a PCS? In order to bill for low-functioning children under PCS, the school must look at the purpose of the PCS. If the PCS assistance is to help with range of motion, the PCS is billable to SHARS. If the PCS assistance is to meet academic goals, then no, that is not billable to SHARS. Another question to ask is – are the tasks ones that are age- appropriate for the student? If so, why can the student not perform those tasks? If the reason the student cannot perform the age-appropriate task is because of the student’s physical, cognitive or behavioral disability(ies) that cause the student to be unable to perform these tasks, then yes, that is billable to SHARS PCS. In determining if a SHARS PCS service is billable, it is helpful to know what ADLs and IADLs are associated with these tasks. T15. We have two students that arrive early and are met by their aide at the bus stop. When do we start billing PCS for SHARS? If the service is documented in the IEP (including justifying the medical necessity of PCS), the school can begin billing PCS when the aides meet the child at the bus stop. The same applies for after school. 48

T 16. If a life skills student has IEP goals/objectives that outline the Special Olympics and summer camp activities during the summer months and is transported on a special education bus to these activities because there are no facilities on campus to support the goals/objectives, can we bill for the service and for transportation to the off campus sites? Yes, if the specialized transportation needs and activities are included in the student’s IEP. The IEP must document the medical necessity for specialized transportation, as well as, document the medical necessity for the personal care service and why and how the activities meet the IEP goals/objectives for the life skills student. The IEP must also document which activities are ADL, IADL, PCS, etc. T17. If a nurse changes the diaper for a child receiving personal care services during a life skills class, is this billed under nursing services? In order to bill SHARS for nursing services, it must be documented in the IEP. Billing the diaper change as a nursing service would depend on whether the diaper changing required the special skills of a nurse, e.g. a child with Spina Bifida requiring the application of a salve. In this case of a child with Spina Bifida the diaper change could be billed under nursing services. If the nurse only changed the diaper because the child felt comfortable with the school health professional in this case the diaper change could not be billed under nursing services. T19. Is music therapy an allowable SHARS service under PCS? Generally therapies are not considered PCS. If the district determines that music therapy does in fact fall under PCS, you will need to maintain proper documentation to support the services, including the medical necessity and all other PCS documentation requirements as they may be requested in an audit. T20. For the Community-based instruction/Vocational training we feel that some activities fall under housekeeping or money management chores, but some activities do not, i.e. teaching a student how to react in their environment as they transition from one class to another or from classroom to lunchroom, from school to work program, etc. Can guidance be provided for Personal Care services definitions and explanations that include Community-based instruction/Vocational training? In order to bill for PCS services for activities that occur in the Community-based instruction/Vocational training, the activities must meet the criteria of support services provided to clients who meet the definition of medical necessity and require assistance with activities of daily living (ADLs), instrumental activities of daily living (IADLs), and health related functions because of a physical, cognitive, or behavioral limitation related to a client’s disability or chronic health condition. See also response and examples listed the response to Question T1. 49

T21. If the Visual Impairment Specialist(s) is working with a student to assist them in adapting in the classroom using various methods and devices in order to complete assignments, would this type of service be considered a \"Personal Care\" service by Medicaid definitions & therefore be billable, or at the least \"not deducted\" from the rest of a student's personal care day? The Vision Impairment provider can review the visually-impaired student’s classroom documents and/or the PCS provider’s notation of specific type of PCS provided to be sure that she agrees that the VI specialist is providing PCS in that she is assisting the student with the performance of Activities of Daily Living (ADLs) and Instrumental Activities of Daily Living (IADLs) because the student is not able to perform the age appropriate tasks due to his/her disabilities. Services provided by Orientation & Mobility Specialists often meet the definition of PCS for visually-impaired students. See also response and examples listed in response to Question T1. U. SPECIALIZED TRANSPORTATION SERVICES U1. When can specialized transportation be billed for SHARS? Specialized transportation service may be Medicaid reimbursable if: • it is being provided to and from a Medicaid covered (SHARS) service(s) for the day the claim is made; • the Medicaid covered service(s) is included in the student's IEP; • the specialized transportation needs are included in the IEP (must include the type of adaptation that is required on the vehicle and why the student needs/requires that adaptation), and • the child requires transportation in a school bus adapted to serve the needs of a student with a disability. On a day when the student receives a related Medicaid-covered SHARS service, specialized transportation services may be provided and can include coverage of transportation in the following instances from: • The student's residence to school • The school to the student's residence • The student's residence to a provider's office that is contracted with the district • A provider's office that is contracted with the district to the student's residence • School to a provider's office that is contracted with the district • A provider's office that is contracted with the district to the student's school • School to another campus to receive a billable SHARS service 50

• The campus where the student received the SHARS service back to the student’s school. Specialized transportation services from a child's residence to school and return will not be Medicaid reimbursable if, on the day the child is transported, the child does not receive a Medicaid-covered SHARS service other than transportation to the school location. Documentation of each specialized transportation service provided must be maintained. This documentation may take the form of a trip log. This service must not be billed by default. See also the response to Question U3. For more information refer to the SHARS section of the current TMPPM. U2. Can districts bill for one-way transports? Yes, specialized transportation must be billed on a one-way-trip basis. (Effective 9/1/2004 specialized transportation is no longer reimbursable on a round-trip basis.) U3. When can a school district receive reimbursement for specialized transportation? Specifically, a bus is bought with state funds to transport special education students, federal funds are used to add a lift, and the driver is paid out of federal funds? Can these districts still bill for specialized transportation? The school district may bill for specialized transportation for eligible students whose IEP includes transportation on a specially adapted vehicle and who receive a related SHARS service on the same day. The IEP must include the type of adaptation that is required on the vehicle and why the student needs/requires that adaptation. A specially adapted vehicle is one that has been physically modified (e.g. addition of a wheelchair lift, addition of harnesses or protective restraint devices, addition of child protective seating, or addition of air conditioning). See also the response to U1. For more information refer to the SHARS section of the current TMPPM. U4. Is air conditioning considered adaptive equipment? Yes, if this is included in the IEP as a need for an individual student. However, if all buses in the school district are air-conditioned, then this is not considered a special adaptation. U5. All buses are fitted with seatbelts that were ordered at factory or have been added to the vehicles after purchase. Since the seatbelts are not standard equipment, and were a special-order item, is this considered an adaptive equipment? 51

No. If the intent of the district is to order buses, from now on, with seatbelts, this is not a special adaptation. If the intent is to identify special education students that require seatbelts and use these buses only for those kids, this is also not a special adaptation. U6. Please explain the major change that no longer makes riding in an “adapted” vehicle sufficient? In order to bill for specialized transportation, the child must be transported in a specially adapted district-owned or district-contracted vehicle. Specially adapted means a vehicle that has physical adaptations not normally found on a regular school bus. For example, the vehicle might have a wheelchair lift, harnesses, child-protective seating, or is air conditioned. The presence of a bus monitor does not meet the criteria of a special adaptation. U7. What if there is a monitor on the bus? The presence of a bus monitor will no longer be considered a special adaptation. More than likely, the bus monitor services could be billable as “Personal Care Services on the Bus” assuming the appropriate documentation is maintained and the personal care service is in the student’s IEP. U8. What are the minimum requirements for transportation logs? At a minimum, the transportation log should include: • The SHARS provider name (i.e., school district name) • First Name and Last Name of each student for each trip, along with each student's ID • One log per vehicle, indicating the route name/number [with documentation maintained somewhere that describes each route/trip as to the start and stop locations] • Method for identifying the number of one-way trips per day (e.g., AM and PM trips) [with documentation maintained somewhere that describes the times for each trip] -- Remember that the number of one-way specialized transportation trips must be counted for calculating the one-way trip ratio for allocating specialized transportation costs to the Medicaid program. • Method for personal care services (PCS) provider, transportation aide, bus monitor, or assistant to verify own attendance for each trip and include a place for this person to sign and date the form. • Method for driver to verify own attendance for each trip and include a place for this person to sign and date the form. • Method for nurse to verify own attendance for each trip and include a place for this person to sign and date the form. • The log can be maintained per day and for several days, with applicable dates noted on the log. • Mileage needs to be maintained somewhere; but, not on the log. For more information, refer to the SHARS section of the current TMPPM. 52

U9. What signatures or initialing are required to be maintained for documenting the specialized transportation service provided? The minimum requirements for transportation logs are outlined in the response to Question U8. The transportation log can be every day, weekly, monthly --- just not annually. For daily transportation logs, the bus driver must sign and date the log. Any nurse, PCS attendant, etc. that provided a service during the bus ride or transportation service can verify his/her own attendance and the services they provided for each trip by initialing the transportation log on the day of the service. The finalized log (log can be every day, weekly, monthly --- just not annually) needs to be signed by the bus driver and the people that initialed their attendance on the bus that provided a service (PCS person, nurse, etc.). U10. The district has a student who attends school only 2 hours per day and is on homebound for the remainder of the student’s instruction time. The student’s father is paid to transport the student to and from school and to and from physical therapy in another town. The medical need for specialized transportation services are documented in the student’s IEP and the vehicle the student is transported in (owned by the parent) is specially adapted. Can the school bill for the specialized transportation services for this student? Yes, if the student has an accompanying SHARS service on the day the specialized transportation is provided then the district can bill SHARS for the specialized transportation service for the student: • when the student is transported in a vehicle (owned by the parent) and • the vehicle the student is transported in is specially adapted. U11. We reported the wrong cost of a vehicle in Step 4E our cost report this year because it was not reported correctly the previous year, how do I fix this? You need to first remove the asset from service in the current cost report. When the previous year’s cost report is in the Settlement Process, you will need to request an informal review to remove the asset and re-enter it with the correct historical values. Only assets costing $5,000 and over should be depreciated, anything less should be expensed accordingly. V. SETTLEMENT PROCESS V1. How can we obtain cost report details? Cost reports can be viewed and printed from STAIRS. V2. When is the Settlement period and how will we know? 53

HHSC sends out a SHARS Cost Report Settlement notice on or before August 31. Notices are distributed via Fairbanks email to the district’s superintendent, the primary SHARS financial contact and all secondary SHARS financial contacts. V3. Our cost report is incorrect and we would like to dispute the Settlement, what do we need to do? First, the district must complete Step 8 of the SHARS Cost Report in STAIRS by submitting a “Disagree” response. Next, the district must submit an informal review request. An ISD or their legal representative who disagrees with the adjustments made during the cost reconciliation process has the right to request an informal review of the adjustments. The request for an informal review of the adjustments must be sent via certified mail and should include the settlement notice, a concise statement of the specific actions or determinations the district disputes, the ISD's recommended resolution, and any supporting documentation deemed relevant to the dispute. The request for an informal review must be received by HHSC no later than 30 days after the Settlement Notice has been issued. Failure to follow these instructions will result in the denial of the request. Informal review requests can be sent to: Certified Mail: Overnight/Courier Delivery: HHSC Rate Analysis HHSC Rate Analysis Mail Code: H-400 Mail Code H-400 P. O. Box 149030 4900 North Lamar Austin, TX 78714 Austin, TX 78751 V4. How can we verify the interim payments from TMHP if we do not have any records of receiving interim payments? School districts receive a weekly Remittance & Status (R&S) report from Texas Medicaid and Healthcare Partnership (TMHP) that provides information on pending, paid, denied, and adjusted claims. The R&S report reflects claim payments processed during the period stated on the report regardless of the SHARS dates of service. It is the district’s responsibility to retain copies of all R&S reports for a minimum of seven years and to reconcile their records to the R&S report to determine payments/denials received. If the district is not receiving these R & S Status reports, please contact the TMHP Contact Center at 1-800-925-9126 and verify the address and location on where these R & S Status reports are being sent. V5. Our interim payments on the Cost Settlement does not agree with the R&S Statement for the same period, what do we do? Verify that all paid claims for services delivered during the reporting period have been included in the district’s reconciliation total. The R&S report reflects claim payments processed during the period stated on the R &S report. Oftentimes claims are paid in the federal fiscal year that follows the federal fiscal year in which the services were delivered. If the district feels its records are incomplete, please call the TMHP Contact Center at 1- 800-925-9126 to request archived copies of past R&S reports. 54

V6. My settlement reflects a recoupment, how do we repay this amount? If a provider’s interim payments exceed the actual certified Medicaid-allowable costs, HHSC will recoup the federal share of the overpayment by one of the following methods: • Offset all future claims payments to the provider until the amount of the federal share of the overpayment is recovered; • Recoup an agreed-upon percentage from future claims payments to the provider to ensure recovery of the overpayment within a year; • Recoup an agreed-upon dollar amount from future claims payments to ensure recovery of the overpayment within a year. If you are interested in establishing a special payment arrangement, please contact HHSC for more information. Each request will be evaluated on a case by case basis to determine if a special payment arrangement will be granted. 55

SCHOOL HEALTH AND RELATED SERVICES (SHARS) Federal Fiscal Year 2021 SHARS Interim Rates (Based on actual costs submitted in 2018 SHARS Cost Reports) Service Category Procedure Code Modifier 1 Modifier 2 Modifier 3 Interim Rate Evaluation Individual by Licensed Therapist 92620 $12.99 Individual by Licensed / Certified Assistant $12.99 92507 U9 $11.11 Group by Licensed Therapist $ 4.33 Audiology Group by Licensed / Certified Assistant 92507 U1 $ 3.70 $ 2.93 Speech Therapy Evaluation of speech fluency 92508 U9 $ 2.93 Evaluation of speech fluency (Telehealth) $ 2.93 Physical Therapy 92508 U1 $ 2.93 Evaluation of speech sound production $11.70 Occupational Therapy Evaluation of speech sound production (Telehealth) 92521 GN Evaluation of speech sound production; with evaluation of language comprehension and expression Counseling 92521 GN 95 Psychological Evaluation of speech sound production; with evaluation of language comprehension and expression (Telehealth) Registered Nurse 92522 GN Licensed Vocational Nurse Behavioral and qualitative analysis of voice and resonance Behavioral and qualitative analysis of voice and resonance (Telehealth) 92522 GN 95 Delegated Asssessments Individual by Licensed Therapist 92523 GN Individual by Licensed Therapist (Telehealth) Medical 92523 GN 95 $11.70 PCS Individual by Licensed / Certified Assistant $ 2.93 Individual by Licensed / Certified Assistant (Telehealth) 92524 GN $ 2.93 Specialized Transportation 92524 GN 95 $11.70 PCS Bus Group by Licensed Therapist 92507 GN U8 95 $11.70 Group by Licensed Therapist (Telehealth) 92507 GN U8 $ 9.51 92507 GN U1 95 $ 9.51 Group by Licensed / Certified Assistant 92507 GN U1 $ 3.90 Group by Licensed / Certified Assistant (Telehealth) 92508 GN U8 95 $ 3.90 92508 GN U8 $ 3.17 Evaluation - Low Complexity 92508 GN U1 95 $ 3.17 Evaluation - Moderate Complexity 92508 GN U1 $14.02 97161 $14.02 Evaluation - High Complexity 97162 GP $14.02 Individual by Licensed Therapist 97163 GP U1 $14.02 Individual by Licensed / Certified Assistant 97110 GP $12.08 97110 GP U1 $ 7.01 Group by Licensed Therapist 97150 $ 6.04 Group by Licensed / Certified Assistant 97150 95 $14.02 97165 $14.02 Evaluation - Low Complexity 97165 95 $14.02 Evaluation - Low Complexity (Telehealth) 97166 $14.02 97166 95 $14.02 Evaluation - Moderate Complexity 97167 GO $14.02 Evaluation - Moderate Complexity (Telehealth) 97167 GO 95 $14.02 97530 GO U1 $14.02 Evaluation - High Complexity 97530 GO U1 $12.08 Evaluation - High Complexity (Telehealth) 97530 GO 95 $12.08 97530 GO 95 $ 4.68 Individual by Licensed Therapist 97150 GO U1 $ 4.68 Individual by Licensed Therapist (Telehealth) 97150 GO U1 $ 4.03 97150 UB 95 $ 4.03 Individual by Licensed / Certified Assistant 97150 UB $18.59 Individual by Licensed / Certified Assistant (Telehealth) 96158 UB $ 9.30 96159 UB $ 4.65 Group by Licensed Therapist 96164 AH $ 2.33 Group by Licensed Therapist (Telehealth) 96165 AH $23.32 96158 AH $11.66 Group by Licensed / Certified Assistant 96159 AH $ 7.77 Group by Licensed / Certified Assistant (Telehealth) 96164 TD $ 3.89 96165 TD UD $ 9.00 Individual (Initial 30 minutes) T1002 TD $ 3.00 Individual (each additional 15 minutes) T1002 TE $ 9.00 T1502 TE UD $ 5.64 Group (Initial 30 minutes) T1003 TE $ 1.88 Group (each additional 15 minutes) T1003 U7 $ 5.64 T1502 U7 UD $ 4.62 Individual (Initial 30 minutes) T1002 U7 $ 1.54 Individual (each additional 15 minutes) T1002 $ 4.62 T1502 U5 $46.64 Group (Initial 30 minutes) 96130 U5 UD $46.64 Group (each additional 15 minutes) 96131 $27.51 99499 U6 $ 5.84 Individual T1019 U6 UD $ 1.95 Group T1019 $ 4.73 T2003 $ 5.84 Medication Administration T1019 $ 1.95 Individual T1019 Group Medication Administration Individual Group Medication Administration Assessments, Initial Hour Assessments, Each additional hour Medical Services - Physician Individual Group One-Way Trip Individual Group

Special E Rules & Re Individuals with Disab State Board of E Commission Texas Sta Special education services shall be provided to e federal law and regulations, state statutes, rules commissioner of education, and the State Plan Education Act (IDEA). 19 TAC § 89.1001(a) Texas Education Agency | Division of TEA Special Education A-

Education egulations bilities Education Act Education Rules ner’s Rules ate Laws eligible students in accordance with all applicable s of the State Board of Education (SBOE) and Under Part B of the Individuals with Disabilities Last Amended: March 6, 2001, 26 TexReg 1837 f Federal and State Education Policy -Z Index | December 2017

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Table of Contents Individuals with Disabilities Education Act Subpart A—General Purposes and Applicability § 300.1 Purposes. ................................................................................................................... A-1 § 300.2 Applicability of this part to State and local agencies..................................................... A-1 Definitions Used in This Part § 300.4 Act.............................................................................................................................. A-2 § 300.5 Assistive technology device. ....................................................................................... A-2 § 300.6 Assistive technology service. ...................................................................................... A-2 § 300.7 Charter school. ........................................................................................................... A-3 § 300.8 Child with a disability. ................................................................................................. A-3 § 300.9 Consent...................................................................................................................... A-8 § 300.10 [Reserved] ................................................................................................................ A-9 § 300.11 Day; business day; school day.................................................................................. A-9 § 300.12 Educational service agency. ..................................................................................... A-9 § 300.13 Elementary school. ..................................................................................................A-10 § 300.14 Equipment. ..............................................................................................................A-10 § 300.15 Evaluation................................................................................................................A-10 § 300.16 Excess costs. ..........................................................................................................A-10 § 300.17 Free appropriate public education. ...........................................................................A-11 § 300.18 [Reserved] ...............................................................................................................A-11 § 300.19 Homeless children. ..................................................................................................A-11 § 300.20 Include.....................................................................................................................A-11 § 300.21 Indian and Indian tribe. ............................................................................................A-11 § 300.22 Individualized education program.............................................................................A-12 § 300.23 Individualized education program team. ...................................................................A-13 § 300.24 Individualized family service plan. ............................................................................A-14 § 300.25 Infant or toddler with a disability. ..............................................................................A-14 § 300.26 Institution of higher education. .................................................................................A-15 § 300.27 Limited English proficient. ........................................................................................A-15 § 300.28 Local educational agency.........................................................................................A-18 § 300.29 Native language.......................................................................................................A-19 § 300.30 Parent......................................................................................................................A-19 § 300.31 Parent training and information center......................................................................A-20 § 300.32 Personally identifiable. .............................................................................................A-20 § 300.33 Public agency. .........................................................................................................A-20 § 300.34 Related services. .....................................................................................................A-20 § 300.35 [Reserved] ...............................................................................................................A-24 § 300.36 Secondary school. ...................................................................................................A-24 § 300.37 Services plan. ..........................................................................................................A-24 § 300.38 Secretary.................................................................................................................A-25 § 300.39 Special education. ...................................................................................................A-25 § 300.40 State........................................................................................................................A-26 § 300.41 State educational agency.........................................................................................A-26 § 300.42 Supplementary aids and services.............................................................................A-26 § 300.43 Transition services...................................................................................................A-27 § 300.44 Universal design. .....................................................................................................A-27 § 300.45 Ward of the State.....................................................................................................A-27 Subpart B—State Eligibility General § 300.100 Eligibility for assistance. .......................................................................................... B-1 FAPE Requirements § 300.101 Free appropriate public education (FAPE)............................................................... B-7 § 300.102 Limitation—exception to FAPE for certain ages......................................................B-10 TEA | Federal and State Education Policy TEA Special

Other FAPE Requirements § 300.103 FAPE—methods and payments............................................................................. B-11 § 300.104 Residential placement. .......................................................................................... B-14 § 300.105 Assistive technology. ............................................................................................. B-14 § 300.106 Extended school year services. ............................................................................. B-16 § 300.107 Nonacademic services........................................................................................... B-17 § 300.108 Physical education................................................................................................. B-18 § 300.109 Full educational opportunity goal (FEOG). ............................................................. B-22 § 300.110 Program options. ................................................................................................... B-22 § 300.111 Child find. .............................................................................................................. B-23 § 300.112 Individualized education programs (IEP). ............................................................... B-24 § 300.113 Routine checking of hearing aids and external components of surgically implanted medical devices.................................................................................................... B-24 Least Restrictive Environment (LRE) § 300.114 LRE requirements. ................................................................................................ B-25 § 300.115 Continuum of alternative placements. .................................................................... B-26 § 300.116 Placements. .......................................................................................................... B-30 § 300.117 Nonacademic settings. .......................................................................................... B-32 § 300.118 Children in public or private institutions. ................................................................. B-32 § 300.119 Technical assistance and training activities. ........................................................... B-32 § 300.120 Monitoring activities. .............................................................................................. B-33 Additional Eligibility Requirements § 300.121 Procedural safeguards........................................................................................... B-34 § 300.122 Evaluation. ............................................................................................................ B-34 § 300.123 Confidentiality of personally identifiable information. .............................................. B-34 § 300.124 Transition of children from the Part C program to preschool programs. .................. B-34 §§ 300.125–300.128 [Reserved] ............................................................................................ B-35 Children in Private Schools § 300.129 State responsibility regarding children in private schools........................................ B-35 Children With Disabilities Enrolled by Their Parents in Private Schools § 300.130 Definition of parentally-placed private school children with disabilities. ................... B-35 § 300.131 Child find for parentally-placed private school children with disabilities. .................. B-36 § 300.132 Provision of services for parentally-placed private school children with disabilities— basic requirement. ................................................................................................ B-36 § 300.133 Expenditures. ........................................................................................................ B-37 § 300.134 Consultation. ......................................................................................................... B-38 § 300.135 Written affirmation. ................................................................................................ B-39 § 300.136 Compliance. .......................................................................................................... B-39 § 300.137 Equitable services determined. .............................................................................. B-40 § 300.138 Equitable services provided. .................................................................................. B-41 § 300.139 Location of services and transportation. ................................................................. B-42 § 300.140 Due process complaints and State complaints. ...................................................... B-42 § 300.141 Requirement that funds not benefit a private school. .............................................. B-43 § 300.142 Use of personnel. .................................................................................................. B-43 § 300.143 Separate classes prohibited................................................................................... B-43 § 300.144 Property, equipment, and supplies......................................................................... B-44 Children With Disabilities in Private Schools Placed or Referred by Public Agencies § 300.145 Applicability of §§ 300.146 through 300.147........................................................... B-44 § 300.146 Responsibility of SEA. ........................................................................................... B-44 § 300.147 Implementation by SEA. ........................................................................................ B-45 l Education A-Z Index December 2017 | i

Table of Contents Individuals with Disabilities Education Act Children With Disabilities Enrolled by Their Parents in Private Schools When FAPE Is at Issue § 300.148 Placement of children by parents when FAPE is at issue........................................B-45 SEA Responsibility for General Supervision and Implementation of Procedural Safeguards § 300.149 SEA responsibility for general supervision..............................................................B-47 § 300.150 SEA implementation of procedural safeguards. ......................................................B-47 Conflict Resolution at the Lowest Possible Level State Complaint Procedures § 300.151 Adoption of State complaint procedures. ................................................................B-48 § 300.152 Minimum State complaint procedures.....................................................................B-49 § 300.153 Filing a complaint...................................................................................................B-53 Methods of Ensuring Services § 300.154 Methods of ensuring services.................................................................................B-54 Additional Eligibility Requirements § 300.155 Hearings relating to LEA eligibility. .........................................................................B-61 § 300.156 Personnel qualifications. ........................................................................................B-61 § 300.157 Performance goals and indicators. .........................................................................B-63 §§ 300.158–300.159 [Reserved].............................................................................................B-65 § 300.160 Participation in assessments..................................................................................B-65 § 300.161 [Reserved] .............................................................................................................B-70 § 300.162 Supplementation of State, local, and other Federal funds. ......................................B-70 § 300.163 Maintenance of State financial support...................................................................B-71 § 300.164 Waiver of requirement regarding supplementing and not supplanting with Part B funds. .............................................................................................................................B-72 § 300.165 Public participation.................................................................................................B-73 § 300.166 Rule of construction. ..............................................................................................B-74 State Advisory Panel § 300.167 State advisory panel. .............................................................................................B-74 § 300.168 Membership...........................................................................................................B-74 § 300.169 Duties. ...................................................................................................................B-75 Other Provisions Required for State Eligibility § 300.170 Suspension and expulsion rates.............................................................................B-75 § 300.171 Annual description of use of Part B funds. ..............................................................B-76 § 300.172 Access to instructional materials. ...........................................................................B-76 § 300.173 Overidentification and disproportionality. ................................................................B-78 § 300.174 Prohibition on mandatory medication. ....................................................................B-78 § 300.175 SEA as provider of FAPE or direct services............................................................B-79 § 300.176 Exception for prior State plans. ..............................................................................B-79 § 300.177 States’ sovereign immunity and positive efforts to employ and advance qualified individuals with disabilities.....................................................................................B-80 Department Procedures § 300.178 Determination by the Secretary that a State is eligible to receive a grant. ...............B-80 § 300.179 Notice and hearing before determining that a State is not eligible to receive a grantB-80 § 300.180 Hearing official or panel. ........................................................................................B-81 § 300.181 Hearing procedures. ..............................................................................................B-81 § 300.182 Initial decision; final decision. .................................................................................B-84 § 300.183 Filing requirements. ...............................................................................................B-85 § 300.184 Judicial review. ......................................................................................................B-85 § 300.185 [Reserved] .............................................................................................................B-85 § 300.186 Assistance under other Federal programs. .............................................................B-85 TEA | Federal and State Education Policy TEA Special

By-pass for Children in Private Schools § 300.190 By-pass—general.................................................................................................. B-86 § 300.191 Provisions for services under a by-pass................................................................. B-86 § 300.192 Notice of intent to implement a by-pass. ................................................................ B-87 § 300.193 Request to show cause. ........................................................................................ B-87 § 300.194 Show cause hearing. ............................................................................................. B-88 § 300.195 Decision. ............................................................................................................... B-88 § 300.196 Filing requirements. ............................................................................................... B-89 § 300.197 Judicial review. ...................................................................................................... B-89 § 300.198 Continuation of a by-pass. ..................................................................................... B-89 State Administration § 300.199 State administration............................................................................................... B-90 Subpart C—Local Educational Agency Eligibility § 300.200 Condition of assistance............................................................................................C-1 § 300.201 Consistency with State policies................................................................................C-1 § 300.202 Use of amounts. ......................................................................................................C-1 § 300.203 Maintenance of effort...............................................................................................C-2 § 300.204 Exception to maintenance of effort...........................................................................C-4 § 300.205 Adjustment to local fiscal efforts in certain fiscal years. ............................................C-5 § 300.206 Schoolwide programs under title I of the ESEA. .......................................................C-5 § 300.207 Personnel development. ..........................................................................................C-6 § 300.208 Permissive use of funds...........................................................................................C-8 § 300.209 Treatment of charter schools and their students.......................................................C-9 § 300.210 Purchase of instructional materials. .......................................................................C-10 § 300.211 Information for SEA. ..............................................................................................C-10 § 300.212 Public information..................................................................................................C-11 § 300.213 Records regarding migratory children with disabilities. ...........................................C-11 §§ 300.214–300.219 [Reserved] ............................................................................................C-11 § 300.220 Exception for prior local plans. ...............................................................................C-11 § 300.221 Notification of LEA or State agency in case of ineligibility. ......................................C-12 § 300.222 LEA and State agency compliance. .......................................................................C-12 § 300.223 Joint establishment of eligibility..............................................................................C-12 § 300.224 Requirements for establishing eligibility. ................................................................C-13 § 300.225 [Reserved].............................................................................................................C-13 § 300.226 Early intervening services. .....................................................................................C-13 § 300.227 Direct services by the SEA. ...................................................................................C-14 § 300.228 State agency eligibility. ..........................................................................................C-15 § 300.229 Disciplinary information..........................................................................................C-15 § 300.230 SEA flexibility. .......................................................................................................C-16 Subpart D—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements Parental Consent § 300.300 Parental consent. ....................................................................................................D-1 Evaluations and Reevaluations § 300.301 Initial evaluations.....................................................................................................D-4 § 300.302 Screening for instructional purposes is not evaluation. .............................................D-7 § 300.303 Reevaluations. ........................................................................................................D-7 § 300.304 Evaluation procedures. ............................................................................................D-7 § 300.305 Additional requirements for evaluations and reevaluations. ......................................D-9 § 300.306 Determination of eligibility. .....................................................................................D-11 Additional Procedures for Identifying Children With Specific Learning Disabilities § 300.307 Specific learning disabilities. ..................................................................................D-12 l Education A-Z Index December 2017 | ii

Table of Contents Individuals with Disabilities Education Act § 300.308 Additional group members. ................................................................................... D-12 § 300.309 Determining the existence of a specific learning disability...................................... D-13 § 300.310 Observation. ......................................................................................................... D-14 § 300.311 Specific documentation for the eligibility determination. ......................................... D-15 Individualized Education Programs § 300.320 Definition of individualized education program....................................................... D-16 § 300.321 IEP Team. ............................................................................................................ D-31 § 300.322 Parent participation. .............................................................................................. D-35 § 300.323 When IEPs must be in effect. ................................................................................ D-37 Development of IEP § 300.324 Development, review, and revision of IEP. ............................................................ D-40 § 300.325 Private school placements by public agencies....................................................... D-45 § 300.326 [Reserved] ............................................................................................................ D-45 § 300.327 Educational placements. ....................................................................................... D-45 § 300.328 Alternative means of meeting participation. ........................................................... D-45 Individualized Education Program (IEP) Facilitation Subpart E—Procedural Safeguards Due Process Procedures for Parents and Children § 300.500 Responsibility of SEA and other public agencies. .................................................... E-1 § 300.501 Opportunity to examine records; parent participation in meetings. ........................... E-1 § 300.502 Independent educational evaluation. ....................................................................... E-2 § 300.503 Prior notice by the public agency; content of notice. ................................................ E-3 § 300.504 Procedural safeguards notice.................................................................................. E-5 § 300.505 Electronic mail. ....................................................................................................... E-6 § 300.506 Mediation................................................................................................................ E-6 § 300.507 Filing a due process complaint. ............................................................................... E-7 § 300.508 Due process complaint. .......................................................................................... E-8 § 300.509 Model forms...........................................................................................................E-10 § 300.510 Resolution process. ...............................................................................................E-10 § 300.511 Impartial due process hearing. ...............................................................................E-12 § 300.512 Hearing rights. .......................................................................................................E-15 § 300.513 Hearing decisions. .................................................................................................E-16 § 300.514 Finality of decision; appeal; impartial review. ..........................................................E-17 § 300.515 Timelines and convenience of hearings and reviews. .............................................E-18 § 300.516 Civil action. ............................................................................................................E-18 § 300.517 Attorneys’ fees.......................................................................................................E-19 § 300.518 Child’s status during proceedings...........................................................................E-21 § 300.519 Surrogate parents. .................................................................................................E-22 § 300.520 Transfer of parental rights at age of majority. .........................................................E-24 §§ 300.521–300.529 [Reserved].............................................................................................E-25 Confinement, Restraint, Seclusion, and Time-Out Discipline Procedures § 300.530 Authority of school personnel. ................................................................................E-29 § 300.531 Determination of setting. ........................................................................................E-35 § 300.532 Appeal. ..................................................................................................................E-36 § 300.533 Placement during appeals......................................................................................E-37 § 300.534 Protections for children not determined eligible for special education and related services. ...............................................................................................................E-37 § 300.535 Referral to and action by law enforcement and judicial authorities. .........................E-38 § 300.536 Change of placement because of disciplinary removals..........................................E-39 § 300.537 State enforcement mechanisms. ............................................................................E-39 §§ 300.538–300.599 [Reserved].............................................................................................E-39 TEA | Federal and State Education Policy TEA Special

Subpart F—Monitoring, Enforcement Confidentiality, and Program Information Monitoring, Technical Assistance, and Enforcement § 300.600 State monitoring and enforcement. .......................................................................... F-1 § 300.601 State performance plans and data collection.......................................................... F-13 § 300.602 State use of targets and reporting. ......................................................................... F-14 § 300.603 Secretary’s review and determination regarding State performance. ...................... F-15 § 300.604 Enforcement.......................................................................................................... F-15 § 300.605 Withholding funds.................................................................................................. F-17 § 300.606 Public attention...................................................................................................... F-18 § 300.607 Divided State agency responsibility........................................................................ F-18 § 300.608 State enforcement. ................................................................................................ F-19 § 300.609 Rule of construction............................................................................................... F-19 Confidentiality of Information § 300.610 Confidentiality........................................................................................................ F-19 § 300.611 Definitions. ............................................................................................................ F-19 § 300.612 Notice to parents. .................................................................................................. F-20 § 300.613 Access rights......................................................................................................... F-20 § 300.614 Record of access................................................................................................... F-21 § 300.615 Records on more than one child. ........................................................................... F-21 § 300.616 List of types and locations of information................................................................ F-22 § 300.617 Fees...................................................................................................................... F-22 § 300.618 Amendment of records at parent’s request............................................................. F-22 § 300.619 Opportunity for a hearing. ...................................................................................... F-22 § 300.620 Result of hearing. .................................................................................................. F-22 § 300.621 Hearing procedures. .............................................................................................. F-23 § 300.622 Consent................................................................................................................. F-23 § 300.623 Safeguards............................................................................................................ F-25 § 300.624 Destruction of information. ..................................................................................... F-25 § 300.625 Children’s rights..................................................................................................... F-25 § 300.626 Enforcement.......................................................................................................... F-26 § 300.627 Department use of personally identifiable information. ........................................... F-31 Reports—Program Information § 300.640 Annual report of children served—report requirement. ........................................... F-31 § 300.641 Annual report of children served—information required in the report. ..................... F-32 § 300.642 Data reporting. ...................................................................................................... F-32 § 300.643 Annual report of children served—certification. ...................................................... F-32 § 300.644 Annual report of children served—criteria for counting children. ............................. F-33 § 300.645 Annual report of children served—other responsibilities of the SEA........................ F-33 § 300.646 Disproportionality................................................................................................... F-33 § 300.647 Determining significant disproportionality. .............................................................. F-35 Subpart G—Authorization, Allotment, Use of Funds, and Authorization of Appropriations Allotments, Grants, and Use of Funds § 300.700 Grants to States. .................................................................................................... G-1 § 300.701 Outlying areas, freely associated States, and the Secretary of the Interior............... G-2 § 300.702 Technical assistance. ............................................................................................. G-3 § 300.703 Allocations to States. .............................................................................................. G-3 § 300.704 State-level activities................................................................................................ G-5 § 300.705 Subgrants to LEAs................................................................................................ G-11 § 300.706 [Reserved]............................................................................................................ G-14 Secretary of the Interior § 300.707 Use of amounts by Secretary of the Interior. ......................................................... G-14 § 300.708 Submission of information..................................................................................... G-15 l Education A-Z Index December 2017 | iii

Table of Contents Individuals with Disabilities Education Act § 300.709 Public participation................................................................................................ G-16 § 300.710 Use of funds under Part B of the Act. .................................................................... G-16 § 300.711 Early intervening services. .................................................................................... G-16 § 300.712 Payments for education and services for Indian children with disabilities aged three through five.......................................................................................................... G-17 § 300.713 Plan for coordination of services. .......................................................................... G-18 § 300.714 Establishment of advisory board. .......................................................................... G-18 § 300.715 Annual reports. ..................................................................................................... G-19 § 300.716 Applicable regulations........................................................................................... G-19 Definitions that Apply to this Subpart § 300.717 Definitions applicable to allotments, grants, and use of funds. ............................... G-20 Acquisition of Equipment and Construction or Alteration of Facilities § 300.718 Acquisition of equipment and construction or alteration of facilities. ....................... G-20 Subpart H— Preschool Grants for Children with Disabilities § 300.800 In general. .............................................................................................................. H-1 §§ 300.801–300.802 [Reserved].............................................................................................. H-1 § 300.803 Definition of State. .................................................................................................. H-1 § 300.804 Eligibility. ................................................................................................................ H-1 § 300.805 [Reserved] .............................................................................................................. H-1 § 300.806 Eligibility for financial assistance. ............................................................................ H-1 § 300.807 Allocations to States. .............................................................................................. H-2 § 300.808 Increase in funds. ................................................................................................... H-2 § 300.809 Limitations. ............................................................................................................. H-2 § 300.810 Decrease in funds................................................................................................... H-3 § 300.811 [Reserved] .............................................................................................................. H-3 § 300.812 Reservation for State activities. ............................................................................... H-4 § 300.813 State administration. ............................................................................................... H-4 § 300.814 Other State-level activities....................................................................................... H-4 § 300.815 Subgrants to LEAs.................................................................................................. H-5 § 300.816 Allocations to LEAs. ................................................................................................ H-5 § 300.817 Reallocation of LEA funds....................................................................................... H-6 § 300.818 Part C of the Act inapplicable. ................................................................................. H-7 Appendices Appendix A to Part 300—Excess Costs Calculation....................................................Appendix A-1 Appendix B to Part 300—Proportionate Share Calculation..........................................Appendix B-1 Appendix C to Part 300—National Instructional Materials Accessibility Standard (NIMAS) .......................................................................... Appendix C-1 Appendix D to Part 300—Maintenance of Effort and Early Intervening Services......... Appendix D-1 Appendix E to Part 300—Local Educational Agency Maintenance of Effort Calculation Examples .........................................................................Appendix E-1 Appendix F to Part 300—Index for IDEA—Part B Regulations (34 CFR Part 300) ......................................................................................... Appendix F-1 Source: U.S. Government Publishing Office URL: http://www.ecfr.gov/cgi-bin/text- idx?SID=f48161ce8b7bd7e980feb62fbbe3d375&mc=true&node=pt34.2.300&rgn=div5 TEA | Federal and State Education Policy TEA Special

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Table of Contents Texas State Laws Texas Education Code Chapter 1. General Provisions § 1.002 Equal Educational Services or Opportunities............................................................... B-21 Chapter 12. Charters § 12.104 Applicability of Title .....................................................................................................C-9 Chapter 21. Educators § 21.003 Certification Required .............................................................................................. B-61 § 21.005 High-Quality Teachers .............................................................................................. A-11 § 21.031 Purpose.................................................................................................................... B-62 § 21.0485 Certification to Teach Students with Visual Impairments.......................................... B-62 § 21.451 Staff Development Requirements................................................................................C-6 Chapter 25. Admission, Transfer, and Attendance § 25.001 Admission................................................................................................................. B-47 § 25.002 Requirements for Enrollment.....................................................................................D-37 § 25.0342 Transfer of Students who are Victims of or Have Engaged in Bullying ..................... E-29 Chapter 26. Parental Rights and Responsibilities § 26.004 Access to Student Records....................................................................................... F-20 § 26.0081 Right to Information Concerning Special Education and Education of Students with Learning Difficulties .......................................................................................B-23, D-35 § 26.009 Consent Required for Certain Activities .......................................................................D-1 § 26.012 Fee for Copies .......................................................................................................... F-22 § 26.013 Student Directory Information.................................................................................... F-23 Chapter 28. Courses of Study; Advancement § 28.002 Required Curriculum................................................................................................. B-18 § 28.025 High School Diploma and Certificate; Academic Achievement Record....................... B-19 § 28.058 Confidentiality.................................................................................................. B-34, F-19 Chapter 29. Educational Programs § 29.001 Statewide Plan.......................................................................B-1, B-22, B-63, D-40, E-22 § 29.002 Definition .........................................................................................................A-20, A-25 § 29.003 Eligibility Criteria ........................................................................................ A-3, B-7, D-11 § 29.004 Full Individual and Initial Evaluation ............................................ D-1, D-4, D-7, D-38, E-5 § 29.0041 Information and Consent for Certain Psychological Examinations or Tests ................D-1 § 29.005 Individualized Education Program ....................................... A-12, D-16, D-31, D-35, D-38 § 29.0051 Model Form ............................................................................................................ A-13 § 29.007 Shared Service Arrangements .................................................................................... B-2 § 29.008 Contracts for Services; Residential Placement .................................................B-11, B-30 § 29.009 Public Notice Concerning Preschool Programs for Students with Disabilities ............. B-24 § 29.010 Compliance ..............................................................................................B-33, F-1, F-26 § 29.011 Transition Planning ........................................................................................... C-8, D-17 § 29.0112 Transition and Employment Guide ..........................................................................D-18 § 29.0111 Beginning of Transition Planning.............................................................................D-18 § 29.012 Residential Facilities ....................................................................... B-8, B-24, B-54, D-39 § 29.013 Noneducational Community-Based Support Services for Certain Students with Disabilities .............................................................................................................. B-55 § 29.014 School Districts That Provide Education Solely to Students Confined to or Educated in Hospitals ................................................................................................................ B-26 § 29.015 Foster Parents .................................................................................................A-19, E-22 § 29.016 Evaluation Conducted Pursuant to a Special Education Due Process Hearing .. D-2, E-16 § 29.0162 Representation in Special Education Due Process Hearing..................................... E-15 § 29.0163 Protection of the Rights of Military Families with Children with Disabilities ............... E-12 § 29.017 Transfer of Parental Rights at Age of Majority ........................................................... E-24 TEA | Federal and State Education Policy TEA Special

§ 29.019 Individualized Education Program Facilitation ........................................................... D-46 § 29.020 Individualized Education Program Facilitation Project ............................................... D-47 § 29.052 Definitions ................................................................................................................ A-15 § 29.056 Enrollment of Students in Program .................................................................. A-16, D-41 § 29.301 Definitions ................................................................................................................ D-41 § 29.302 Findings ................................................................................................................... D-41 § 29.303 Unique Communication ............................................................................................ D-42 § 29.304 Qualifications of Personnel ....................................................................................... B-62 § 29.305 Language Mode Peers .................................................................................... B-30, D-42 § 29.306 Familial and Advocate Involvement..................................................................D-31, D-36 § 29.307 Role Models .................................................................................................... B-30, D-42 § 29.308 Regional Programs............................................................................................ B-2, B-27 § 29.310 Procedures and Materials for Assessment and Placement.......................................... D-8 § 29.311 Educational Programs ................................................................................................ B-3 § 29.312 Psychological Counseling Services.................................................................. B-17, D-42 § 29.313 Evaluation of Programs .............................................................................................. F-1 § 29.314 Transition Into Regular Class........................................................................... B-25, D-43 § 29.315 Texas School for the Deaf Memorandum of Understanding ........................................ F-2 Chapter 30. State and Regional Programs and Services § 30.0015 Transfer of Assistive Technology Devices........................................................ A-2, B-14 § 30.002 Education for Children with Visual Impairments ..........................B-3, B-8, B-30, D-5, D-8, .............................................................................................D-9, D-11, D-19, D-43, F-2 § 30.003 Support of Students Enrolled in Texas School for the Blind and Visually Impaired or Texas School for the Deaf ...................................................................................... B-12 § 30.004 Information Concerning Programs ............................................................................ D-36 § 30.005 Texas School for the Blind and Visually Impaired Memorandum of Understanding...... F-3 § 30.021 Purpose of Texas School for the Blind and Visually Impaired ...B-4, B-9, B-27, D-32, D-44 § 30.051 Purpose of the Texas School for the Deaf.......................................................... B-6, B-27 § 30.081 Legislative Intent Concerning Regional Day Schools For The Deaf ............................. B-9 § 30.083 Statewide Plan ................................................................................. B-6, B-31, D-9, D-44 Chapter 33. Service Programs and Extracurricular Activities § 33.081 Extracurricular Activities .................................................................................. B-17, D-20 Chapter 37. Discipline; Law and Order § 37.001 Student Code of Conduct ......................................................................................... E-30 § 37.0021 Use of Confinement, Restraint, Seclusion, and Time-out.................................. E-26, F-3 § 37.0022 Removal by School Bus Driver ............................................................................... E-31 § 37.003 Placement Review Committee.................................................................................. E-31 § 37.004 Placement of Students with Disabilities...................................................B-63, E-32, E-35 § 37.0091 Notice to Noncustodial Parent ................................................................................ F-21 § 37.010 Court Involvement .................................................................................................... E-38 § 37.011 Juvenile Justice Alternative Education Program........................................................ B-56 § 37.017 Destruction of Certain Records................................................................................. C-15 § 37.019 Emergency Placement or Expulsion ......................................................................... E-32 § 37.022 Notice of Disciplinary Action .................................................................. C-15, D-39, E-33 § 37.0832 Bullying Prevention Policies and Procedures .......................................................... E-33 Chapter 38. Health and Safety § 38.003 Screening and Treatment for Dyslexia and Related Disorders................................... D-10 § 38.016 Psychotropic Drugs and Psychiatric Evaluations or Examinations ............................. B-78 Chapter 39. Public School System Accountability § 39.023 Adoption and Administration of Instruments ..................................................... B-65, D-21 § 39.052 Determination of Accreditation Status or Performance Rating ..................................... F-3 § 39.056 Monitoring Reviews .................................................................................................... F-4 § 39.057 Special Accreditation Investigations............................................................................ F-4 l Education A-Z Index December 2017 | v

Table of Contents Texas State Laws § 39.301 Additional Performance Indicators: Reporting............................................................ F-14 Chapter 42. Foundation School Program § 42.006 Public Information Management System (PEIMS) ..................................................... F-33 § 42.151 Special Education .....................................................................................................G-11 Chapter 61. Texas Higher Education Coordination Board § 61.003 Definitions ................................................................................................................ A-15 Source: Texas Legislature Online URL: http://www.statutes.legis.state.tx.us/ Texas Occupations Code Title 3. Health Professions Chapter 501. Psychologists § 501.503 Criminal Penalty.............................................................................................. D-9, D-12 Source: Texas Legislature Online URL: http://www.statutes.legis.state.tx.us/ TEA | Federal and State Education Policy TEA Special

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Table of Contents Commissioner of Education and State Board of Education Rules Texas Administrative Code Title 19. Education Part 1. Texas Higher Education Coordinating Board Chapter 4. Rules Applying to all Public Institutions of Higher Education in Texas Subchapter A. General Provisions § 4.3 Definitions ...................................................................................................................... A-15 Title 19. Education Part 2. Texas Education Agency Chapter 61. School Districts Subchapter BB. Commissioner's Rules on Reporting Requirements § 61.1025. Public Education Information Management System (PEIMS) Data and Reporting Standards............................................................................................................... F-33 Chapter 74. Curriculum Requirements Subchapter G. Graduation Requirements, Beginning with School Year 2012-2013 § 74.72 Minimum High School Program................................................................................... B-18 § 74.73 Recommended High School Program ......................................................................... B-19 § 74.74 Distinguished Achievement High School Program--Advanced High School Program ... B-20 Chapter 74. Curriculum Requirements Subchapter BB. Commissioner's Rules Concerning High School Graduation § 74.1022 Foundation High School Program for Students Who Graduate in the 2013-2014 School Year ....................................................................................................................... B-20 Chapter 75. Curriculum Subchapter BB. Commissioner's Rules Concerning Provisions for Career and Technical Education § 75.1023 Provisions for Individuals Who Are Members of Special Populations .............................. ................................................................................................... B-22, B-25, B-30, D-31 Chapter 89. Adaptations for Special Populations Subchapter D. Special Education Services and Settings § 89.61 Contracting for Residential Educational Placements for Students with Disabilities ............................................................................................................ B-11, D-16, D-45 § 89.62 Support of Students Enrolled in the Texas School for the Blind and Visually Impaired and Texas School for the Deaf .............................................................................B-14, D-35 § 89.63 Instructional Arrangements and Settings............................................................B-26, D-17 Chapter 89. Adaptations for Special Populations Subchapter AA. Commissioner's Rules Concerning Special Education Services Division 1. General Provisions § 89.1001 Scope and Applicability......................................................................................A-1, B-7 Division 2. Clarification of Provisions in Federal Regulations and State Law § 89.1011 Full and Individual Initial Evaluation................................ B-23, D-1, D-4, D-37, E-33, E-5 § 89.1035 Age Ranges for Student Eligibility ..................................................................B-77, B-10 § 89.1040 Eligibility Criteria ............................................................................ A-3, D-9, D-11, D-13 § 89.1047 Procedures for Surrogate and Foster Parents ................................................A-19, E-22 § 89.1049 Parental Rights Regarding Adult Students .....................................................D-20, E-24 § 89.1050 The Admission, Review, and Dismissal (ARD) Committee. A-13, D-55, D-322, D-355, D- 38, .....................................................................................................D-40, D-45, E-4, E-29 TEA | Federal and State Education Policy TEA Special

§ 89.1052 Discretionary Placements in Juvenile Justice Alternative Education Programs ................ ..................................................................................................................... D-33, E-35 § 89.1053 Procedures for Use of Restraint and Time-Out................................................. E-26, F-1 § 89.1055 Content of the Individualized Education Program (IEP). .......................................... D-20 § 89.1056 Transfer of Assistive Technology Devices........................................................B-14, D-1 § 89.1065 Extended School Year Services.....................................................................B-16, G-11 § 89.1070 Graduation Requirements.................................................................... B-10, D-10, D-24 § 89.1075 General Program Requirements and Local District Procedures ....................................... ...........................................................................................B-45, C-1, D-28, D-39, F-19 § 89.1076 Interventions and Sanctions.................................................................................... F-26 § 89.1080 Regional Day School Program for the Deaf.................................................... B-30, D-41 § 89.1085 Referral for the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf Services.................................................................. B-8, B-30, D-28, D-344 § 89.1090 Transportation of Students Placed in a Residential Setting, Including the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf.................... D-28 § 89.1096 Provision of Services for Students Placed by their Parents in Private Schools or Facilities........................................................... B-9, B-35, B-36, B-40, B-42, D-29, D-41 Division 3. Memoranda of Understanding Affecting Special Education Students § 89.1100 Memorandum of Understanding on Coordination of Services to Disabled Persons .... A-1 § 89.1115 Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities ......................... ............................................................... B-9, B-24, B-25, B-31, B-32, B-54, D-39, E-24 Division 4. Special Education Funding § 89.1121 Distribution of State Funds.................................................................................... G-133 § 89.1125 Allowable Expenditures of State Special Education Funds ........................................ C-1 Division 5. Special Education and Related Service Personnel § 89.1131 Qualifications of Special Education, Related Service, and Paraprofessional Personnel ... ..................................................................................................................... B-21, B-61 Division 6. Regional Education Service Center Special Education Programs § 89.1141 Education Service Center Regional Special Education Leadership .................. A-9, B-32 Division 7. Dispute Resolution § 89.1150 General Provisions ......................................................................... B-48, D-46, E-6, E-7 § 89.1151 Due Process Hearings..................................................................................... E-8, E-12 § 89.1165 Request for Hearing ........................................................................................ E-8, E-10 § 89.1170 Impartial Hearing Officer......................................................................................... E-12 § 89.1180 Prehearing Procedures.............................................................................. E-1313, E-15 § 89.1183 Resolution Process................................................................................................. E-10 § 89.1185 Hearing Procedures.................................................. E-15, E-16, E-17, E-18, E-19, E-21 § 89.1191 Special Rule for Expedited Due Process Hearings .................................................. E-36 § 89.1193 Special Education Mediation..................................................................................... E-6 § 89.1195 Special Education Complaint Resolution................................................................. B-49 § 89.1196 Individualized Education Program Facilitation ......................................................... D-46 § 89.1197 State Individualized Education Program Facilitation ............................................ D-4848 Chapter 89. Adaptations for Special Populations Subchapter BB. Commissioner's Rules Concerning State Plan for Educating English Language Learners § 89.1201 Policy ..................................................................................................................... D-29 § 89.1203 Definitions ............................................................................................................ A-155 § 89.1225 Testing and Classification of Students ....................................................... A-166, D-422 § 89.1230 Eligible Students with Disabilities ........................................................... D-7, D-30, D-34 l Education A-Z Index December 2017 | vii

Table of Contents Commissioner of Education and State Board of Education Rules Chapter 97. Planning and Accountability Subchapter AA. Accountability and Performance Monitoring § 97.1001 Accountability Rating System.................................................................................... F-1 § 97.1005 Performance-Based Monitoring Analysis System ...................................................... F-2 Chapter 97. Planning and Accountability Subchapter BB. Memoranda of Understanding § 97.1011 Memorandum of Understanding between the Texas Education Agency and the Texas School for the Deaf................................................................................................... F-2 § 97.1012 Memorandum of Understanding between the Texas Education Agency and the Texas School for the Blind and Visually Impaired ................................................................ F-8 Chapter 97. Planning and Accountability Subchapter EE. Accreditation Status, Standards, and Sanctions § 97.1059 Standards for All Accreditation Sanction Determinations ......................................... F-26 § 97.1063 Campus Intervention Team ..................................................................................... F-27 § 97.1071 Special Program Performance; Intervention Stages ................................................ F-28 § 97.1072 Residential Facility Monitoring; Determinations, Investigations, and Sanctions ...................................................................................................................... F-12, F-30 Chapter 101. Assessment Subchapter A. General Provisions § 101.5 Student Testing Requirements....................................................................................D-30 Chapter 101. Assessment Subchapter AA. Commissioner’s Rules Concerning the Participation of English Language Learners in State Assessments Division 1. Assessments of English Language Proficiency and Academic Content for English Language Learners § 101.1003 English Language Proficiency Assessments .........................................................D-30 § 101.1005 Assessments of Achievement in Academic Content Areas and Courses................D-30 Chapter 101. Assessment Subchapter CC. Commissioner’s Rules Concerning Implementation of the Academic Content Areas Testing Program Division 1. Implementation of Assessment Instruments § 101.3013 Accommodations ..................................................................................................D-31 Source: Texas Education Agency - 19 Texas Administrative Code Part II URL: http://ritter.tea.state.tx.us/rules/tac/index.html Title 22. Examining Boards Part 21. Texas State Board of Examiners of Psychologists Chapter 465. Rules of Practice § 465.38 Psychological Services in the Schools .............................................................. D-8, D-11 Source: Texas Secretary of State URL: http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=22&pt=21&ch=465 &rl=Y TEA | Federal and State Education Policy TEA Special

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Federal Regulations Commissioner Subpart A | General Texas Admini Purposes, Applicability, and Regulations That Apply to This Program § 300.1 Purposes. The purposes of this part are— (a) To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; (b) To ensure that the rights of children with disabilities and their parents are protected; (c) To assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities; and (d) To assess and ensure the effectiveness of efforts to educate children with disabilities. (Authority: 20 U.S.C. 1400(d)) Last Amended: 71 FR 46755, Aug. 14, 2006 § 300.2 Applicability of this part to State and local agencies. § 89.1001. Scope and Applicabili (a) States. This part applies to each State that receives payments (a) Special education services sh under Part B of the Act, as defined in §300.4. students in accordance with a regulations, state statutes, ru (b) Public agencies within the State. The provisions of this part— Education (SBOE) and comm State Plan Under Part B of th (1) Apply to all political subdivisions of the State that are Education Act (IDEA). involved in the education of children with disabilities, including: (b) Education programs, under th Texas Youth Commission, Te (i) The State educational agency (SEA). Visually Impaired, Texas Sch within the Texas Department (ii) Local educational agencies (LEAs), educational with state and federal law and service agencies (ESAs), and public charter delivery of special education schools that are not otherwise included as LEAs or students and shall be monito ESAs and are not a school of an LEA or ESA. Agency in accordance with th subsection (a) of this section. (iii) Other State agencies and schools (such as Departments of Mental Health and Welfare and ... State schools for children with deafness or children with blindness). Last Amended: March 6, 2001, 26 (iv) State and local juvenile and adult correctional § 89.1100. Memorandum of Unde facilities; and Services to Disabled Persons. (2) Are binding on each public agency in the State that Clarification of financial and servic provides special education and related services to Department of Human Services, th children with disabilities, regardless of whether that the Texas Department of Mental H agency is receiving funds under Part B of the Act. Texas Rehabilitation Commission, Blind, the Texas Commission for th (c) Private schools and facilities. Each public agency in the State Protective and Regulatory Service is responsible for ensuring that the rights and protections Early Childhood Intervention, and t under Part B of the Act are given to children with disabilities— related to disabled persons are con Understanding on Coordination of (1) Referred to or placed in private schools and facilities by which is adopted by reference as a that public agency; or Agency. The complete text of the m (2) Placed in private schools by their parents under the provisions of §300.148. SUBPART A TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws istrative Code Texas Education Code lity. [Excerpt] December 2017 | A-1 hall be provided to eligible all applicable federal law and ules of the State Board of missioner of education, and the he Individuals with Disabilities he direction and control of the exas School for the Blind and hool for the Deaf, and schools t of Criminal Justice shall comply d regulations concerning the and related services to eligible ored by the Texas Education he requirements identified in . TexReg 1837 erstanding on Coordination of ce responsibilities of the Texas he Texas Department of Health, Health and Mental Retardation, the , the Texas Commission for the he Deaf, Texas Department of es, Texas Interagency Council on the Texas Education Agency ntained in the Memorandum of Services to Disabled Persons, a rule of the Texas Education memorandum of understanding TEA Special Education A-Z Index

Federal Regulations Commissioner (Authority: 20 U.S.C. 1412) may be found in the rules of the Te Last Amended: 71 FR 46755, Aug. 14, 2006 Services, 40 Texas Administrative of the memorandum of understand during regular office hours, 8:00 a. Saturdays, and Sundays, at the Te North Congress Avenue, Austin, T Last Amended: September 1, 1996 Definitions Used in This Part § 300.4 Act. Act means the Individuals with Disabilities Education Act, as amended. (Authority: 20 U.S.C. 1400(a)) Last Amended: 71 FR 46755, Aug. 14, 2006 § 300.5 Assistive technology device. Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device. (Authority: 20 U.S.C. 1401(1)) Last Amended: 71 FR 46756, Aug. 14, 2006 § 300.6 Assistive technology service. Assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes— (a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child’s customary environment; (b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities; (c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; (d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; (e) Training or technical assistance for a child with a disability or, if appropriate, that child’s family; and SUBPART A TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws exas Department of Human Code (TAC) Chapter 72. A copy ding is available for examination .m. to 5:00 p.m., except holidays, exas Education Agency, 1701 Texas 78701. 6, 21 TexReg 7240 § 30.0015. Transfer of Assistive Technology Devices. [Excerpt] (a) In this section: (1) \"Assistive technology device\" means any device, including equipment or a product system, that is used to increase, maintain, or improve functional capabilities of a student with a disability. (2) \"Student with a disability\" means a student who is eligible to participate in a school district's special education program under Section 29.003. (3) \"Transfer\" means the process by which a school district that has purchased an assistive technology device may sell, lease, or loan the device for the continuing use of a student with a disability changing the school of attendance in the district or leaving the district. ... Last Amended: 76th Leg., Ch. 682, Sec. 1, eff. June 18, 1999 TEA Special Education A-Z Index December 2017 | A-2

Federal Regulations Commissioner (f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child. (Authority: 20 U.S.C. 1401(2)) Last Amended: 71 FR 46756, Aug. 14, 2006 § 300.7 Charter school. Charter school has the meaning given the term in section 4310(2) of the Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C. 6301 et seq. (ESEA). (Authority: 20 U.S.C. 7221i(2)) Last Amended: 82 FR 29759, June 30, 2017 § 300.8 Child with a disability. § 89.1040. Eligibility Criteria. [Ex (a) General. (a) Special education services. T education services, a student (1) Child with a disability means a child evaluated in disability,\" as defined in 34 C accordance with §§300.304 through 300.311 as having (CFR), §300.8(a), subject to t an intellectual disability, a hearing impairment (including §300.8(c), the Texas Educati deafness), a speech or language impairment, a visual section. The provisions in this impairment (including blindness), a serious emotional used in determining whether disturbance (referred to in this part as ‘‘emotional or more of the definitions in fe disturbance’’ ), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a ... specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special (c) Eligibility definitions. education and related services. (1) Autism. A student with a (2) determined to meet the CFR, §300.8(c)(1). Stud (i) Subject to paragraph (a)(2)(ii) of this section, if it is developmental disorder determined, through an appropriate evaluation category. The team's wr under §§300.304 through 300.311, that a child has include specific recomm one of the disabilities identified in paragraph (a)(1) interventions and strate of this section, but only needs a related service and not special education, the child is not a child with a (2) Deaf-blindness. A stude disability under this part. has been determined to blindness as stated in 3 (ii) If, consistent with §300.39(a)(2), the related service the criteria stated in 34 required by the child is considered special deaf-blindness is one w education rather than a related service under State specified in subsections standards, the child would be determined to be a child with a disability under paragraph (a)(1) of this (A) meets the eligibilit section. specified in subse visual impairment (b) Children aged three through nine experiencing developmental this section; delays. Child with a disability for children aged three through nine (or any subset of that age range, including ages three (B) meets the eligibilit through five), may, subject to the conditions described in visual impairment §300.111(b), include a child— that cannot be dem speech/language t (1) Who is experiencing developmental delays, as defined language therapis by the State and as measured by appropriate diagnostic pathologist indicat instruments and procedures, in one or more of the when speech wou following areas: Physical development, cognitive (C) has documented h considered individ SUBPART A TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws xcerpt] § 29.003. Eligibility Criteria. To be eligible to receive special (a) The agency shall develop specific eligibility criteria based on t must be a \"child with a the general classifications established by this section with Code of Federal Regulations reference to contemporary diagnostic or evaluative the provisions of 34 CFR, terminologies and techniques. Eligible students with disabilities ion Code, §29.003, and this shall enjoy the right to a free appropriate public education, s section specify criteria to be which may include instruction in the regular classroom, a student's condition meets one instruction through special teaching, or instruction through ederal regulations or in state law. contracts approved under this subchapter. Instruction shall be supplemented by the provision of related services when autism is one who has been appropriate. criteria for autism as stated in 34 dents with pervasive (b) A student is eligible to participate in a school district's special rs are included under this education program if the student: written report of evaluation must mendations for behavioral (1) is not more than 21 years of age and has a visual or egies. auditory impairment that prevents the student from being adequately or safely educated in public school without ent with deaf-blindness is one who the provision of special services; or o meet the criteria for deaf- 34 CFR, §300.8(c)(2). In meeting (2) is at least three but not more than 21 years of age and CFR, §300.8(c)(2), a student with has one or more of the following disabilities that prevents who, based on the evaluations the student from being adequately or safely educated in s (c)(3) and (c)(12) of this section: public school without the provision of special services: ty criteria for auditory impairment (A) physical disability; ection (c)(3) of this section and (B) mental retardation; specified in subsection (c)(12) of (C) emotional disturbance; ty criteria for a student with a and has a suspected hearing loss (D) learning disability; monstrated conclusively, but a therapist, a certified speech and (E) autism; st, or a licensed speech language tes there is no speech at an age (F) speech disability; or uld normally be expected; (G) traumatic brain injury. hearing and visual losses that, if dually, may not meet the Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995 TEA Special Education A-Z Index December 2017 | A-3

Federal Regulations Commissioner development, communication development, social or requirements for a emotional development, or adaptive development; and impairment, but th adversely affects t (2) Who, by reason thereof, needs special education and performance; or related services. (D) has a documented (c) Definitions of disability terms. The terms used in this definition progressive medic of a child with a disability are defined as follows: concomitant hearin special education (1) Autism means a developmental disability the student's educ (i) significantly affecting verbal and nonverbal communication and social interaction, generally (3) Auditory impairment. A (ii) evident before age three, that adversely affects a impairment is one who h child’s educational performance. Other criteria for deafness as characteristics often associated with autism are for hearing impairment a engagement in repetitive activities and stereotyped The evaluation data rev movements, resistance to environmental change or team in connection with change in daily routines, and unusual responses to eligibility based on an a sensory experiences. an otological examinatio otolaryngologist or by a Autism does not apply if a child’s educational documentation that an o performance is adversely affected primarily available, and an audiol because the child has an emotional disturbance, as licensed audiologist. Th defined in paragraph (c)(4) of this section. description of the implic student's hearing in a va (iii) A child who manifests the characteristics of autism without recommended a after age three could be identified as having autism if the criteria in paragraph (c)(1)(i) of this section are (4) Emotional disturbance. satisfied. disturbance is one who criteria for emotional dis (2) Deaf-blindness means concomitant hearing and visual §300.8(c)(4). The writte impairments, the combination of which causes such include specific recomm severe communication and other developmental and supports and interventio educational needs that they cannot be accommodated in special education programs solely for children with (5) Intellectual disability. A deafness or children with blindness. disability is one who has criteria for an intellectua (3) Deafness means a hearing impairment that is so severe §300.8(c)(6). In meeting §300.8(c)(6), a student that the child is impaired in processing linguistic one who: information through hearing, with or without amplification, (A) has been determin that adversely affects a child’s educational performance. average intellectua standardized, indiv (4) cognitive ability in least two standard (i) Emotional disturbance means a condition exhibiting when taking into c measurement of th one or more of the following characteristics over a (B) concurrently exhib long period of time and to a marked degree that following areas of adversely affects a child’s educational performance: communication, se social/interpersona (A) An inability to learn that cannot be explained resources, self-dir by intellectual, sensory, or health factors. work, leisure, heal (B) An inability to build or maintain satisfactory (6) Multiple disabilities. interpersonal relationships with peers and teachers. (A) A student with mu been determined t (C) Inappropriate types of behavior or feelings disabilities as state under normal circumstances. meeting the criteri a student with mul (D) A general pervasive mood of unhappiness or depression. (E) A tendency to develop physical symptoms or fears associated with personal or school problems. SUBPART A TEA | Division of Federal and State Education Policy

r’s/SBOE Rules State Laws December 2017 | A-4 auditory impairment or visual he combination of such losses the student's educational d medical diagnosis of a cal condition that will result in ng and visual losses that, without intervention, will adversely affect cational performance. student with an auditory has been determined to meet the stated in 34 CFR, §300.8(c)(3), or as stated in 34 CFR, §300.8(c)(5). viewed by the multidisciplinary h the determination of a student's auditory impairment must include on performed by an a licensed medical doctor, with otolaryngologist is not reasonably logical evaluation performed by a he evaluation data must include a cations of the hearing loss for the ariety of circumstances with or amplification. A student with an emotional has been determined to meet the sturbance as stated in 34 CFR, en report of evaluation must mendations for behavioral ons. student with an intellectual s been determined to meet the al disability as stated in 34 CFR, g the criteria stated in 34 CFR, with an intellectual disability is ned to have significantly sub- al functioning as measured by a vidually administered test of which the overall test score is at d deviations below the mean, consideration the standard error of he test; and bits deficits in at least two of the adaptive behavior: elf-care, home living, al skills, use of community rection, functional academic skills, lth, and safety. ultiple disabilities is one who has to meet the criteria for multiple ed in 34 CFR, §300.8(c)(7). In ia stated in 34 CFR, §300.8(c)(7), ltiple disabilities is one who has a TEA Special Education A-Z Index

Federal Regulations Commissioner (ii) Emotional disturbance includes schizophrenia. The combination of dis term does not apply to children who are socially and who meets all maladjusted, unless it is determined that they have an emotional disturbance under paragraph (c)(4)(i) (i) the student’s of this section. indefinitely; a (5) Hearing impairment means an impairment in hearing, (ii) the disabilitie whether permanent or fluctuating, that adversely affects two or more a child’s educational performance but that is not included under the definition of deafness in this section. (I) psycho (6) Intellectual disability means significantly subaverage (II) self-car general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the (III) commu developmental period, that adversely affects a child’s educational performance. The term “intellectual disability” (IV) social a was formerly termed “mental retardation.” (V) cognitio (7) Multiple disabilities means concomitant impairments (such as intellectual disability-blindness or intellectual (B) Students who hav disability-orthopedic impairment), the combination of defined in this sec which causes such severe educational needs that they criteria in subpara cannot be accommodated in special education programs not be classified o solely for one of the impairments. Multiple disabilities disabilities. does not include deaf-blindness. (7) Orthopedic impairment. (8) Orthopedic impairment means a severe orthopedic impairment is one who h impairment that adversely affects a child’s educational criteria for orthopedic im performance. The term includes impairments caused by §300.8(c)(8). The multid a congenital anomaly, impairments caused by disease reviews evaluation data (e.g., poliomyelitis, bone tuberculosis), and impairments determination of a stude from other causes (e.g., cerebral palsy, amputations, and orthopedic impairment m fractures or burns that cause contractures). (8) Other health impairmen (9) Other health impairment means having limited strength, impairment is one who h vitality, or alertness, including a heightened alertness to criteria for other health i environmental stimuli, that results in limited alertness acute health problems s with respect to the educational environment, that— disorder or attention def diabetes, epilepsy, a he (i) Is due to chronic or acute health problems such as poisoning, leukemia, ne asthma, attention deficit disorder or attention deficit cell anemia, and Touret hyperactivity disorder, diabetes, epilepsy, a heart §300.8(c)(9). The multid condition, hemophilia, lead poisoning, leukemia, reviews evaluation data nephritis, rheumatic fever, sickle cell anemia, and determination of a stude Tourette syndrome; and health impairment must (ii) Adversely affects a child’s educational (9) Learning disability. performance. (A) Prior to and as par (10) Specific learning disability— subparagraph (B) §§300.307-300.31 (i) General. Specific learning disability means a underachievemen disorder in one or more of the basic psychological a specific learning processes involved in understanding or in using appropriate instruc language, spoken or written, that may manifest the following must itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical (i) data that dem calculations, including conditions such as provided app perceptual disabilities, brain injury, minimal brain described in dysfunction, dyslexia, and developmental aphasia. §6368(3)), an education se (ii) Disorders not included. Specific learning disability personnel; a does not include learning problems that are primarily the result of visual, hearing, or motor (ii) data-based d disabilities, of intellectual disability, of emotional assessments intervals, refl student prog SUBPART A TEA | Division of Federal and State Education Policy