IEP Overview

Before digging into the details of individualized education program (IEP) development, take a minute to set your mind toward high expectations and rigorous goals for students with disabilities. Without this mindset, the IEP will fall short, and our students will not achieve all of which they are capable. TEA believes that there is shared responsibility across the state to ensure that all students, including students with disabilities, are held to rigorous academic standards and high expectations. The IEP must be individualized, based on the unique needs of that child, and designed to enable the student to work towards grade-level content standards and achieve challenging goals. Proper provision of a free appropriate public education (FAPE) means that all students have access to the supports and services that will prepare them for independence in adult life, including their individual goals for college or continued learning, careers, and the community. We encourage you to ensure that the IEP provides all students with the opportunity to meet challenging goals and achieve their full potential. To support quality IEP development, each Education Service Center (ESC) offers the state-level Standards-Based IEP Process Training. In addition, Texas SPED Support website (TSS) offers an online course, A Step Toward IEP Quality and Rigor, designed to support educators in developing high-quality standards-based IEPs for students with significant cognitive disabilities.

What is the IEP, and why is it developed?

What is required to be in an IEP?

The Model IEP Form was developed by TEA in compliance with Texas Education Code (TEC) §29.0051, which requires TEA to develop an optional model IEP form that includes only information found in the federal model IEP form and in any state-imposed requirements relevant to an IEP that are not required under federal law. Use of the Model IEP Form is not required, but it details the required elements of the IEP. 

TEA’s Guidance for the Model IEP Form, is a companion document to the Model IEP Form. It is not inclusive of all options but assists in understanding what is required to be included in an IEP. Both The Model IEP Form and the Guidance for the Model IEP Form can be found on the Texas Legal Framework documents page. 

State law provides that the written statement of a student’s IEP is only required to include information in the model form. Therefore, the content offered in this guidance that goes beyond the Model IEP Form represents best practice and not required IEP elements.

When and where is the IEP developed?

The ARD committee develops the IEP during an ARD committee meeting. The meeting must be held at a time and place that is mutually agreeable, and the school MUST take steps to ensure that one or both parents are present at every ARD committee meeting or are given the opportunity to participate. The LEA, which includes school districts and open-enrollment charter schools, must keep a record of its attempts to arrange a meeting at a mutually agreed on time and place. If a parent cannot attend an ARD committee meeting, the LEA must allow the parent to participate through other means, such as by telephone or video conference. Schools may draft components of the IEP before the ARD committee meeting but must make parents aware that these portions are a draft and can be modified by the ARD committee.

IEPs are reviewed at least annually. However, the IEP can be revised more frequently as appropriate. The IDEA requires the ARD committee to REVISE THE IEP as appropriate to address:

• a lack of expected progress toward the annual goals;
• reevaluation results;
• information provided to or by the parents that is needed to determine eligibility or
  continued eligibility, as well as the educational needs of the student;
• the student’s anticipated needs; or
• other matters.

Frequent data collection and progress monitoring toward annual goals are critical to know when the ARD
committee needs to revise the IEP due to a lack of expected progress. With strong progress monitoring,
teachers can typically calculate the student’s rate of progress on goals after 6-8 data points. Adjustments
to the IEP may be needed if the student is not on track toward goal mastery. Another way to consider
when the ARD committee may need to revise the IEP is when there is a lack of progress toward the goal
at the end of a grading period. For example, if after a grading period with data collection, the student has
made limited or no progress and is off-track towards meeting the goal(s), then the ARD committee should
reconvene to discuss options.

Who are the REQUIRED MEMBERS at the ARD committee meeting? 

• Parent or adult student with a disability
  • General education teacher who must, to the extent practicable, be a teacher who is responsible for implementing a portion of the IEP
  • Special education teacher, or where appropriate, special education provider of the student Page | 8 IEP Development
• LEA representative (most often a school administrator) who:
  • Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
  • Is knowledgeable about the general education curriculum; and
  • Is knowledgeable about the availability of LEA resources
• Individual who can interpret the instructional implications of the evaluation results.

The LEA must ensure that the ARD committee for each child with a disability includes the following: 

• At the discretion of the LEA or parent, other individuals who have knowledge or special expertise regarding the child (e.g., specialists, school counselors)
• Student with a disability, when appropriate, including when a purpose of the meeting will be the consideration of postsecondary goals and needed transition services
• Representative of any participating agency likely to be responsible for providing or paying for transition services (must be invited, when appropriate, with consent of the parent or adult student)
• Language Proficiency Assessment Committee (LPAC) member if the child is identified as an emergent bilingual student. In addition, the LPAC member state rule provides that the professional staff member who serves as the LPAC representative may also serve on the committee as a general or special education teacher or special education ARD Committee Members Page | 9 IEP Development provider of the student.
• Career and Technical Education (CTE) representative, preferably the teacher, if the student is being considered for initial or continued placement in career and technical education. The CTE representative may not serve in a dual role as another required ARD committee member.
• Teacher of the Visually Impaired (TVI) if the child is suspected of or identified with a visual impairment
• Teacher of the Deaf or Hard of Hearing (TODHH) if the child is suspected of or identified as deaf or hard of hearing
• TODHH and TVI if the child is suspected of or identified as deaf blind.
• ECI coordinator or representative, at the request of the parent, at the initial ARD committee meeting for a child who was previously served under ECI
• Administrator or designee of the Juvenile Justice Alternative Education Program (JJAEP) MUST be invited to an ARD committee meeting convened to discuss the expulsion and discretionary placement of a student with a disability in the JJAEP
• When dyslexia is suspected, a person with specific knowledge in the reading process, dyslexia and related disorders, and dyslexia instruction MUST serve on the LEA’s Multidisciplinary Team (MDT) and any ARD committee that is convened to determine eligibility for special education and related services. TEC §29.0031, lists three means to satisfy this membership requirement:
  • Be a licensed dyslexia therapist (LDT);
  • Be an individual who holds the most advanced dyslexia-related certification issued by an association recognized by the State Board of Education (SBOE), and identified in, or substantially similar to an association identified in the Dyslexia Handbook, adopted by the SBOE; or
  • If one of these individuals is not available, meet the applicable training requirements adopted by the SBOE and identified in the Dyslexia Handbook.

The EXCUSAL requirements do not apply to the following ARD committee members: 

• Parent
• Student with a disability
• Adult student following a transfer of rights
• A discretionary member

Resources: 

• IRIS Center – Overview of High-Quality IEPS
• TEA Guidance for Inviting Agency Representatives to ARD committee Meeting
• TEA FAQ HUB
• LPAC Deaf/Hard of Hearing Guidance
• TEA’s Informed Consent Quick Guide

There are no legal requirements mandating specific demographic or identifying student information that must be included in the IEP. Typically, school teams include pertinent information to assist personnel in identifying the student. ARD committees are not required to identify the disability type in the IEP. Even so, including the qualifying eligibility/eligibilities is common practice. 

Examples of the types of information that the ARD committee may want to include are as follows: 

• Student Name
• Gender
• ID Number
• Home Address
• Date of Birth
• Current Age
• Grade
• Disability(ies)
• Parent(s) Name
• Parent Contact Information
• Campus Name
• District Name
• Other Information as Appropriate

To determine whether a student qualifies for special education services, the ARD committee must answer the following two questions:

1. Does the child meet the criteria for a qualifying disability? AND
2. As a result of the disability, does the child have a need for special education services?

IDEA defines the 13 AREAS of eligibility for special education services. See also the state eligibility DEFINITIONS found in the Texas Administrative Code. Descriptions of the 13 disabilities categories and more information about evaluation can be found in TEA’s Technical Assistance: Child Find and Evaluation Guidebook.

Resources:

• TEA's Dyslexia and Related Disorders Webpage

• Parent’s Guide to the Admission, Review, and Dismissal Process (available in multiple languages)