Required IEP Sections in Texas
What sections are required in an IEP in Texas?
In Texas, the Individualized Education Program (IEP) is developed by the Admission, Review, and Dismissal (ARD) Committee, which serves as the IEP team defined under federal law (19 TAC §89.1050(a)). The IEP must comply with the requirements of 34 CFR §300.320 and §300.324, and include all applicable information under TEC §29.0051 (19 TAC §89.1055(a)). Required components include: (1) a statement of present levels of academic achievement and functional performance (PLAAFP), including how the disability affects involvement in the general education curriculum (34 CFR §300.320(a)(1)); (2) measurable annual goals, including academic and functional goals, with benchmarks or short-term objectives for students assessed on alternate assessments (34 CFR §300.320(a)(2)); (3) a description of how progress toward goals will be measured and when periodic progress reports will be provided (34 CFR §300.320(a)(3)); (4) a statement of special education and related services, supplementary aids and services, and program modifications based on peer-reviewed research to the extent practicable (34 CFR §300.320(a)(4)); (5) an explanation of the extent to which the child will not participate with nondisabled children in the regular class (34 CFR §300.320(a)(5)); (6) individual accommodations for state and districtwide assessments, including STAAR, or a statement of why the child cannot participate and why the alternate assessment is appropriate (34 CFR §300.320(a)(6)); and (7) the projected dates, frequency, location, and duration of services (34 CFR §300.320(a)(7)). Texas law additionally requires the written IEP statement to include the date of the ARD meeting, names and positions and signatures of participating members, and an indication of whether parents and the administrator agreed or disagreed with the committee's decisions (TEC §29.005(b-1)). If agreement is not reached, a written statement of the basis of disagreement must be included, and each disagreeing member may include a statement of disagreement (TEC §29.005(c)). The ARD committee must include parents, at least one general education teacher responsible for implementing a portion of the IEP (when the student participates in general education), at least one special education teacher or provider, a district representative knowledgeable about curriculum and resources, and an individual who can interpret evaluation implications (19 TAC §89.1050(c)). Specialized members are required for students with visual impairments, deafness or hearing loss, and suspected dyslexia (19 TAC §89.1050(c)(3)(A), (B), (D)). TEA has developed a Model IEP Form under TEC §29.0051 that contains only information required by federal and state law; state law provides that the written IEP statement is only required to include information in the model form.
What Texas Requires
The IEP must comply with 34 CFR §300.320 and §300.324 and include all applicable information under TEC §29.0051 (19 TAC §89.1055(a))
Required components include PLAAFP, measurable annual goals, progress measurement methods, special education and related services, LRE explanation, assessment accommodations, and service dates/frequency/location/duration (34 CFR §300.320(a)(1)-(7))
The written IEP must document ARD committee decisions, meeting dates, member names/positions/signatures, and agreement or disagreement status (TEC §29.005(b-1))
ARD committee membership must include parents, general education teacher, special education teacher, district representative, and evaluation interpreter; specialized members required for visual impairment, deaf/hard of hearing, and dyslexia (19 TAC §89.1050(c))
IEP decisions must be made by mutual agreement if possible; majority vote may not be used to determine the IEP (TEC §29.005(b))
If a behavior improvement plan or behavioral intervention plan is determined appropriate by the ARD committee, it must be included in the IEP and provided to each teacher responsible for educating the student (TEC §29.005(g))
For students with autism, the IEP must address 11 strategy areas based on peer-reviewed, research-based practices including extended programming, structured schedules, positive behavior support, communication interventions, and social skills training (19 TAC §89.1055(g))
Key Timelines
The ARD committee must convene to make initial eligibility, IEP, and placement decisions within 30 calendar days of completing the Full Individual and Initial Evaluation (FIIE) (19 TAC §89.1011(g))
The ARD committee must review the IEP at least annually to determine whether annual goals are being achieved (34 CFR §300.324(b)(1))
Parents must receive written notice of the ARD meeting at least 5 school days before the meeting, unless the parent agrees to a shorter timeframe (19 TAC §89.1050(d))
Special education and related services must be made available as soon as possible following development of the IEP (34 CFR §300.323(c)(2))
If the parent requests an ARD meeting in writing, the district must schedule and convene the meeting or provide written notice of refusal within 5 school days (19 TAC §89.1050(e))