IEP Modifications in Texas: Accommodations vs. Modifications
What is the difference between accommodations and modifications in a Texas IEP?
Program modifications in a Texas IEP encompass changes to the content, instructional level, or performance criteria that alter what a student with a disability is expected to learn or demonstrate, as distinguished from accommodations which change how the student accesses the same content. The IEP must include a statement of program modifications or supports for school personnel that will be provided to enable the child to advance appropriately toward attaining annual goals, to be involved in and make progress in the general education curriculum, to participate in extracurricular and nonacademic activities, and to be educated and participate with nondisabled children (34 CFR §300.320(a)(4)(ii)). When subject content is modified, the ARD committee must develop measurable annual goals to address how the content is modified, whether the instruction occurs in a general education or special education setting (19 TAC §89.1055). The IEP must also include an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in nonacademic and extracurricular activities (34 CFR §300.320(a)(5)). This is the Least Restrictive Environment (LRE) requirement, which mandates that children with disabilities be educated with nondisabled children to the maximum extent appropriate, with removal from the general education environment occurring only when the nature or severity of the disability is such that education in regular classes with supplementary aids and services cannot be achieved satisfactorily (34 CFR §300.114(a)(2)). Texas requires districts to ensure a continuum of alternative placements is available to meet the needs of children with disabilities, including mainstream, resource room/services, self-contained settings (mild, moderate, severe), homebound, hospital class, off-campus, nonpublic day school, vocational adjustment class, residential care facility, and state-supported living center (19 TAC §89.1005; 19 TAC §89.1075(e)). The student's instructional arrangement and setting is determined by the ARD committee based on the percentage of the instructional day that the student receives special education and related services in a setting other than general education (19 TAC §89.1005). Each school district must ensure that each teacher who provides instruction to a student with disabilities has access to the relevant sections of the student's current IEP, is informed of specific responsibilities for implementing the IEP, and has an opportunity to request assistance regarding implementation (19 TAC §89.1075). Placement decisions must be made at least annually, be based on the IEP, and be as close to the child's home as possible; the student should attend the school they would attend if nondisabled, unless the IEP requires otherwise (34 CFR §300.116).
What Texas Requires
The IEP must include a statement of program modifications or supports for school personnel enabling the child to advance toward goals, participate in general curriculum, and be educated with nondisabled peers (34 CFR §300.320(a)(4)(ii))
When subject content is modified, the ARD committee must develop measurable annual goals to address how the content is modified (19 TAC §89.1055)
The IEP must explain the extent to which the child will not participate with nondisabled children in regular class, extracurricular, and nonacademic activities (34 CFR §300.320(a)(5))
Districts must ensure a continuum of alternative placements including mainstream, resource room, self-contained, homebound, hospital class, off-campus, nonpublic day school, vocational adjustment, residential facility, and state-supported living center (19 TAC §89.1005; 19 TAC §89.1075(e))
Removal from general education may occur only when education in regular classes with supplementary aids and services cannot be achieved satisfactorily (34 CFR §300.114(a)(2))
Each teacher providing instruction to a student with a disability must have access to relevant IEP sections, be informed of specific implementation responsibilities, and have an opportunity to request implementation assistance (19 TAC §89.1075)
Placement is determined by the ARD committee based on the percentage of the instructional day in settings other than general education (19 TAC §89.1005)
Key Timelines
Placement decisions must be made at least annually by the ARD committee (34 CFR §300.116(b)(1))
The IEP must be revised if the child is not making expected progress toward annual goals, including when modifications may need to be adjusted (34 CFR §300.324(b)(1)(ii)(A))
Modifications and the instructional arrangement take effect on the projected start date documented in the IEP (34 CFR §300.320(a)(7))
Special education and related services with modifications must be made available as soon as possible following IEP development (34 CFR §300.323(c)(2))