STAAR Failure with an IEP and Loss of Electives/AI/Tutoring

[AKhan]

My child has an IEP and an IHP and has never passed the Math STAAR. She's in 5th this year and we have her annual ARD next week. The middle school has indicated that all children who fail the STAAR will lose electives in 6th or be placed in mandatory tutorials outside school hours. The SpEd instructor tells me the school hasn't determined how this will apply to IEP students (?). Can someone please direct me to the appropriate law I can reference. I will not let her lose an elective when she is already receiving full inclusion services and has good grades. From searching this group I see that many kids have had their schedules changed at the last minute and since STAAR scores won't be published until the summer, I want to be prepared. Can I require something be written into her IEP or other?

[sherry.neeley]

When a student is on an IEP (individual Education Plan), it's important to remember that everything must run through the ARD committee, and you are an equal member of that team. I'm going to quote a bit from the TEA GPC Manual, pages 23-26) https://tea.texas.gov/sites/default/fil ... tagged.pdf

The role of the ARD committee in making decisions about students subject to SSI grade-advancement requirements is described in TEC §28.0211(i) and (i-1) and in 19 TAC §101.2003(d). In addition, districts are encouraged to carefully weigh the individual needs of students with disabilities as they consider decisions pertaining to the procedures outlined in this manual. For the students described above, an ARD committee must make decisions regarding appropriate assessment, accelerated instruction, and grade placement based on a student’s individual educational needs.

According to TEC §28.0211 (i) and (i-1), an ARD committee meeting* MUST be held before the student is administered STAAR for the second time. The ARD committee MUST determine 1) how the student will participate in accelerated instruction and 2) whether the student will be promoted or retained based upon the ARD committee determination that the student has made sufficient progress in the measurable academic goals in the student’s IEP. If promoted, retesting is not required.

Blanket policies for a campus or district can be waived by the ARD. Any additional instruction needs that are not being met under the current IEP should be addressed during the ARD and appropriate goals and services should be added. Group tutoring services are seldom appropriate for a student on an IEP.

[scott.placek]

Wonderful response, Sherry. Thank you!