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1. Child Find & Referral Child Find Referral for Possible Special Education Services Parent Rights and Representation 2. Evaluation Eligibility Review of Existing Evaluation Data (REED) Independent Educational Evaluation (IEE) Disability Categories 3. ARD Process ARD Meeting Present Levels Goals ARD Membership Amendment Without a Meeting Prior Written Notice 4. Parent & Student Rights Parent Participation Procedural Safeguards Adult Student & Transfer of Rights 5. Early Childhood Services Ages 0-5 6. Instructional Programs & Services Dyslexia Services Least Restrictive Environment (LRE) 7. Transition Services Transition & Graduation Services 8. Special Circumstances Children in Private Schools Residential Facility Within a District Placement in a Residential Facility Children Who Transfer Cameras in the Classroom 9. Records & Confidentiality Record of Access Retention & Destruction of Records 10. Monitoring & Compliance Compliance Review
Nina Houston. Executive Director of Special Education Elva Luna Executive Administrative Assistant Heather Jarboe Assistant Director of Special Education Rachel Ulmer Coordinator of Special Education ECSE, Transition, PEIMS/SHARS Keshia Chaney Coordinator of Special Education Evaluations: School Psychologists, Diagnosticians, Speech Language Pathologists, XX Coordinator of Special Education Life Skills, Behavior, Related Services Kortney Bridges Instructional Specialist Pam Barbosa Behavior Specialist Lisa Stringer Behavior Specialist Oliva Evans Administrative Assistant Marisa Urrutia Administrative Assistant PEIMS/SHARS Carmen Gonzalez-Deliz Administrative Assistant Jesus Ayala Administrative Assistant
CHILD FIND DUTY Operating Guidelines: [LINK] Legal Framework: [LINK] Overview New Braunfels ISD has an ongoing responsibility to identify, locate, and evaluate students who may have a disability and require special education services. This responsibility applies to all eligible students residing within the district, including students who are homeless, highly mobile, homeschooled, attending private schools, or in foster care. The district maintains systems to ensure students are identified, evaluated, and provided access to a Free Appropriate Public Education (FAPE) while ensuring parents are informed of their rights and procedural safeguards. Key Responsibilities ✓ Identify and locate students suspected of having a disability ✓ Respond to referrals and requests for evaluation ✓ Conduct evaluations in accordance with state and federal requirements ✓ Ensure parent participation and procedural safeguards ✓ Provide eligible students access to FAPE
REFERRAL FOR POSSIBLE SPECIAL EDUCATION SERVICES Operating Guidelines: LINK Legal Framework: LINK Overview A referral for a special education evaluation may be initiated when there is reason to suspect that a student has a disability and may require specially designed instruction. Referrals may be made by school personnel, parents, guardians, or other individuals involved in the student's education or care. Following a referral, the district reviews available information to determine whether there is reason to suspect a disability and a need for special education services. Key Responsibilities ✓ Receive and document referrals ✓ Review student data and interventions ✓ Determine whether a disability is suspected ✓ Provide procedural safeguards to parents ✓ Obtain consent or provide notice of refusal ✓ Follow state and federal evaluation requirements NBISD Process NBISD uses Bosco K12 to manage referrals, monitor timelines, and support data based decision making throughout the referral process.
PARENT RIGHTS & REPRESENTATION Operating Guidelines: LINK Legal Framework: LINK Overview Parents play a critical role in the special education process. Federal and state law identify who may act as a parent for educational decision making and outline protections for students whose parents are unavailable or unable to serve in that role. These provisions ensure that every student has an appropriate educational representative to participate in special education decisions. Key Responsibilities ✓ Identify the appropriate educational decision maker ✓ Ensure parent participation in the special education process ✓ Support foster parents serving as educational decision makers ✓ Appoint surrogate parents when required ✓ Provide required notices and procedural safeguards ✓ Ensure compliance with state and federal requirements NBISD Process NBISD collaborates with families, foster parents, caregivers, and outside agencies to ensure students have appropriate educational representation. When necessary, the district facilitates the appointment and training of surrogate parents to support student participation in the special education process.
ELIGIBILITY Operating Guidelines: LINK Legal Framework: LINK Overview Eligibility is determined by the Admission, Review, and Dismissal (ARD) Committee based on a comprehensive evaluation conducted by a multidisciplinary team. A student is eligible for special education services when evaluation data demonstrates the presence of a qualifying disability and a need for specially designed instruction. Eligibility decisions are based on multiple sources of data, including formal assessments, observations, parent input, educational performance, and other relevant information. Key Responsibilities ✓ Review comprehensive evaluation results ✓ Consider all relevant evaluation data ✓ Determine whether eligibility criteria are met ✓ Identify the student's area(s) of eligibility ✓ Determine the need for specially designed instruction ✓ Document eligibility decisions through the ARD process NBISD Process NBISD utilizes multidisciplinary evaluation teams to gather and analyze data. Eligibility recommendations are reviewed by the ARD Committee, which determines whether the student meets criteria for special education services and requires specially designed instruction.
ELIGIBILITY Operating Guidelines: LINK Legal Framework: LINK Overview Eligibility is determined by the Admission, Review, and Dismissal (ARD) Committee based on a comprehensive evaluation conducted by a multidisciplinary team. A student is eligible for special education services when evaluation data demonstrates the presence of a qualifying disability and a need for specially designed instruction. Eligibility decisions are based on multiple sources of data, including formal assessments, observations, parent input, educational performance, and other relevant information. Key Responsibilities ✓ Review comprehensive evaluation results ✓ Consider all relevant evaluation data ✓ Determine whether eligibility criteria are met ✓ Identify the student's area(s) of eligibility ✓ Determine the need for specially designed instruction ✓ Document eligibility decisions through the ARD process NBISD Process NBISD utilizes multidisciplinary evaluation teams to gather and analyze data. Eligibility recommendations are reviewed by the ARD Committee, which determines whether the student meets criteria for special education services and requires specially designed instruction.
REVIEW OF EXISTING EVALUATION DATA (REED) Operating Guidelines: LINK Legal Framework: LINK Overview A Review of Existing Evaluation Data (REED) is conducted as part of an initial evaluation, when appropriate, and as part of every reevaluation. The REED allows the ARD Committee and qualified professionals to review existing information and determine whether additional evaluation data are needed. It is important to understand that a REED is not a new Full and Individual Evaluation (FIE). A REED reviews existing data to determine whether additional assessment is needed. A reevaluation may or may not include new testing. Key Responsibilities ✓ Review existing evaluation data and records ✓ Consider parent input and concerns ✓ Review assessments, observations, and classroom performance ✓ Determine whether additional evaluation data are needed ✓ Document REED decisions and recommendations ✓ Provide parent notification when no additional data are required NBISD Process NBISD utilizes Bosco K12 to document the REED process, review existing data, facilitate team collaboration, and monitor evaluation timelines. When a reevaluation is due, the REED is completed to determine whether additional assessment is necessary. Completion of a REED does not automatically mean a new FIE was conducted.
INDEPENDENT EDUCATIONAL EVALUATION (IEE) Operating Guidelines: LINK Legal Framework: LINK Overview Parents have the right to request an Independent Educational Evaluation (IEE) if they disagree with an evaluation obtained by the school district. An IEE is an evaluation conducted by a qualified examiner who is not employed by the district. Upon receiving a request, the district must either agree to fund the IEE or initiate a due process hearing to demonstrate that its evaluation is appropriate. Key Responsibilities ✓ Inform parents of their right to request an IEE ✓ Respond to IEE requests in a timely manner ✓ Provide information regarding district IEE criteria ✓ Review independent evaluation results when provided ✓ Consider IEE findings during educational decision making ✓ Maintain compliance with state and federal requirements NBISD Process NBISD reviews all IEE requests in accordance with district procedures and legal requirements. When an IEE is obtained, the results are reviewed and considered by the ARD Committee as part of the decision making process. Consideration of an IEE does not require the district to adopt all recommendations contained within the report.
DISABILITY CATEGORIES Operating Guidelines: [LINK] Legal Framework: LINK Overview Special education eligibility is determined through a comprehensive evaluation and ARD Committee decision. A student must meet eligibility criteria for one or more disability categories and demonstrate a need for specially designed instruction. DISABILITY CATEGORIES Autism | Emotional Disability | Speech Impairment Deaf-Blindness | Intellectual Disability | Traumatic Brain Injury Deaf or Hard of Hearing | Multiple Disabilities | Visual Impairment Orthopedic Impairment | Other Health Impairment | Developmental Delay | Specific Learning Disability NBISD Process NBISD multidisciplinary evaluation teams assess all areas of suspected disability and provide eligibility recommendations to the ARD Committee. Eligibility is based on evaluation data, educational impact, and the student's need for specially designed instruction.
DISABILITY CATEGORIES Operating Guidelines: [LINK] Legal Framework: LINK Overview Special education eligibility is determined through a comprehensive evaluation and ARD Committee decision. A student must meet eligibility criteria for one or more disability categories and demonstrate a need for specially designed instruction. DISABILITY CATEGORIES Autism | Emotional Disability | Speech Impairment Deaf-Blindness | Intellectual Disability | Traumatic Brain Injury Deaf or Hard of Hearing | Multiple Disabilities | Visual Impairment Orthopedic Impairment | Other Health Impairment | Developmental Delay | Specific Learning Disability NBISD Process NBISD multidisciplinary evaluation teams assess all areas of suspected disability and provide eligibility recommendations to the ARD Committee. Eligibility is based on evaluation data, educational impact, and the student's need for specially designed instruction.
ARD COMMITTEE MEETING Operating Guidelines: LINK Legal Framework: LINK Overview The Admission, Review, and Dismissal (ARD) Committee meeting is the process through which educational decisions are made for students receiving special education services. The ARD Committee develops, reviews, and revises the Individualized Education Program (IEP) to ensure the student receives a Free Appropriate Public Education (FAPE). ARD meetings are collaborative and include parent participation, review of evaluation data, consideration of student needs, and development of educational supports and services. Key Responsibilities ✓ Determine eligibility for special education services ✓ Develop, review, and revise the IEP ✓ Review student progress and educational needs ✓ Determine services, supports, and accommodations ✓ Consider placement in the least restrictive environment ✓ Ensure meaningful parent participation NBISD Process NBISD ARD Committees work collaboratively to review student data, develop individualized educational programs, determine services and supports, and monitor student progress. ARD decisions are documented and reviewed at least annually or more frequently as needed.
PRESENT LEVELS OF ACADEMIC ACHIEVEMENT AND FUNCTIONAL PERFORMANCE (PLAAFP) Legal Framework: LINK TEA Standards Based IEP Guidelines: LINK Overview The PLAAFP is the foundation of the IEP. It describes the student's current performance, identifies strengths and needs, and explains how the disability impacts access to and progress in learning. NBISD Expectations NBISD utilizes a Standards-Based IEP process. PLAAFP statements must be data-driven, aligned to grade-level standards or early childhood guidelines, and serve as the foundation for goals, services, accommodations, and progress monitoring. Best Practice Reminder A strong PLAAFP answers: ✓ What is expected? ✓ What can the student currently do? ✓ How does the disability impact learning? Key Responsibilities ✓ Describe current performance ✓ Include baseline data ✓ Identify strengths and needs ✓ Explain disability impact ✓ Align to standards or activities ✓ Support goals and services Required Components ✓ Academic performance ✓ Functional performance ✓ Baseline data ✓ Multiple data sources ✓ Disability impact ✓ Access to the curriculum ✓ Preschool participation (when applicable)
ANNUAL GOALS Legal Framework: LINK TEA Standards Based IEP Guidelines: LINK Overview Annual goals identify the skills a student is expected to achieve within one year. Goals must be measurable, address needs resulting from the student's disability, and support progress in the general education curriculum or participation in appropriate activities for preschool children. Annual goals are developed from the PLAAFP and guide specially designed instruction. NBISD Expectations NBISD utilizes a Standards-Based IEP process. Annual goals must be based on PLAAFP data, aligned to student needs, and designed to support progress in the general education curriculum. Best Practice Reminder A strong annual goal answers: ✓ What skill will be taught? ✓ How will progress be measured? ✓ When will mastery be achieved? ✓ Students participating in alternate assessments require benchmarks or short-term objectives. Key Responsibilities ✓ Develop measurable annual goals ✓ Address disability-related needs ✓ Align goals to the PLAAFP ✓ Measure and monitor progress ✓ Report progress to parents ✓ Develop benchmarks/objectives when required Required Components ✓ Timeframe ✓ Conditions ✓ Observable behavior ✓ Measurable criterion ✓ Progress monitoring method ✓ Progress reporting schedule
ARD COMMITTEE MEMBERSHIP Operating Guidelines: LINK Legal Framework: LINK Overview The Admission, Review, and Dismissal (ARD) Committee is responsible for making decisions regarding eligibility, services, placement, and the development of a student's Individualized Education Program (IEP). ARD Committee membership is determined by the purpose of the meeting and the individual needs of the student. REQUIRED MEMBERS | ADDITIONAL MEMBERS (AS NEEDED) ✓ Parent or Adult Student | ✓ Related Service Providers ✓ General Education Teacher | ✓ Career and Technical Education (CTE) Representative ✓ Special Education Teacher/Provider | ✓ LPAC Representative ✓ District Representative | ✓ Teacher of Students with Visual Impairments (TVI) ✓ Individual Who Can Interpret | ✓ Teacher of the Deaf and Hard of Hearing (TDHH) Evaluation Results ✓ Student (when appropriate) | ✓ Transition Agency Representative (with parent consent) NBISD Process NBISD ensures all required ARD Committee members are invited and present unless properly excused in accordance with legal requirements. Additional members are included based on student needs, eligibility, services, and transition planning. Beginning in middle school, all secondary ARD meetings include a CTE representative to support transition planning and College, Career, and Military Readiness (CCMR) outcomes.
AMENDMENT WITHOUT A MEETING Operating Guidelines: LINK Legal Framework: LINK Overview After the annual ARD meeting, a student's IEP may be amended without convening an ARD Committee meeting when the parent and the district agree. This process allows the team to make minor changes to the IEP while maintaining required documentation and parent participation. Amendments without a meeting are not appropriate for all situations and should be used when changes can be clearly documented and agreed upon by the parent and the district. Key Responsibilities ✓ Obtain parent agreement prior to amending the IEP ✓ Document all agreed upon changes ✓ Provide Prior Written Notice (PWN) ✓ Ensure staff responsible for implementation are informed ✓ Maintain updated IEP documentation ✓ Provide a revised copy of the IEP upon parent request NBISD Process NBISD may utilize the amendment process when both the parent and district agree that changes can be made without convening an ARD Committee meeting. All amendments are documented, Prior Written Notice is provided, and staff responsible for implementation are notified of any changes to the student's IEP.
AMENDMENT WITHOUT A MEETING Operating Guidelines: LINK Legal Framework: LINK Overview After the annual ARD meeting, a student's IEP may be amended without convening an ARD Committee meeting when the parent and the district agree. This process allows the team to make minor changes to the IEP while maintaining required documentation and parent participation. Amendments without a meeting are not appropriate for all situations and should be used when changes can be clearly documented and agreed upon by the parent and the district. Key Responsibilities ✓ Obtain parent agreement prior to amending the IEP ✓ Document all agreed upon changes ✓ Provide Prior Written Notice (PWN) ✓ Ensure staff responsible for implementation are informed ✓ Maintain updated IEP documentation ✓ Provide a revised copy of the IEP upon parent request NBISD Process NBISD may utilize the amendment process when both the parent and district agree that changes can be made without convening an ARD Committee meeting. All amendments are documented, Prior Written Notice is provided, and staff responsible for implementation are notified of any changes to the student's IEP.
PRIOR WRITTEN NOTICE (PWN) Legal Framework: LINK PWN Template: LINK Overview Prior Written Notice (PWN) is provided whenever NBISD proposes or refuses to initiate or change a student's identification, evaluation, educational placement, or the provision of a Free Appropriate Public Education (FAPE). PWN ensures parents understand the decisions made by the district, the reasons for those decisions, and the data used to support them. KEY RESPONSIBILITIES REQUIRED COMPONENTS ✓ Provide PWN ✓ Proposed or refused action ✓ Issue timely notice ✓ Explanation of the decision ✓ Document rationale ✓ Evaluation data reviewed ✓ Review supporting data ✓ Options considered ✓ Document rejected options ✓ Reasons options were rejected ✓ Provide safeguards ✓ Procedural safeguards NBISD Process NBISD utilizes Prior Written Notice (PWN) in lieu of ARD deliberations to document committee decisions. PWN summarizes the actions proposed or refused, the data reviewed, options considered, and the rationale supporting the committee's decisions. PWN is provided following ARD meetings, amendments, and other actions requiring notice under state and federal law. PRIOR WRITTEN NOTICE (PWN) Legal Framework: LINK PWN Template: LINK Overview Prior Written Notice (PWN) is provided whenever NBISD proposes or refuses to initiate or change a student's
PARENT PARTICIPATION Operating Guidelines: LINK Overview Meaningful parent participation is a critical component of the special education process. NBISD actively involves parents in educational decision making and ensures opportunities to participate in ARD Committee meetings, review educational records, provide input, and receive required notices and procedural safeguards. NBISD Process NBISD values parent participation and collaborates with families throughout the special education process. The district provides meeting notices, interpreters, translated documents when required, and multiple opportunities for parents to participate in educational decision making. Parent requests for ARD meetings are reviewed and addressed in accordance with state requirements. ✓ Provide ARD meeting notice at least five school days in advance ✓ Schedule meetings at a mutually agreed upon time and place ✓ Encourage meaningful parent participation ✓ Document attempts to involve parents in the ARD process ✓ Provide Procedural Safeguards as required ✓ Ensure access to educational records ✓ Participate in ARD Committee meetings ✓ Request an ARD Committee meeting ✓ Review educational records ✓ Receive notices in the parent's native language, when feasible ✓ Receive interpreter or translation services, when needed ✓ Receive Procedural Safeguards and Prior Written Notice KEY RESPONSIBILITIES PARENT RIGHTS
PROCEDURAL SAFEGUARDS Legal Framework: LINK Overview Procedural Safeguards are the rights and protections provided to parents and adult students under the Individuals with Disabilities Education Act (IDEA). These safeguards ensure meaningful participation in educational decision making and provide options for resolving disagreements related to special education services. KEY RESPONSIBILITIES ✓ Provide Procedural Safeguards as required ✓ Document parent receipt of safeguards ✓ Ensure meaningful parent participation ✓ Provide notices in understandable language ✓ Protect confidentiality of student records ✓ Inform parents of available dispute resolution options NBISD Process NBISD provides Procedural Safeguards to parents and adult students in accordance with state and federal requirements. The district ensures families receive information regarding their rights, available supports, consent requirements, dispute resolution options, and protections under IDEA.
ADULT STUDENT & TRANSFER OF RIGHTS Operating Guidelines: LINK Legal Framework: LINK Overview When a student with a disability turns 18, educational rights transfer from the parent to the adult student unless a court has appointed a guardian. Beginning at age 17, the district must notify the student and parent of the upcoming transfer of rights and provide information regarding guardianship and alternatives to guardianship. NBISD Process NBISD provides transfer of rights information beginning no later than age 17 and documents this notification within the student's IEP. At age 18, educational rights transfer to the adult student unless guardianship has been established. The district continues to provide required notices to both the adult student and parent in accordance with state and federal requirements. Key Responsibilities Key Information ✓ Notify students and parents of transfer of rights by age 17 ✓ Document transfer of rights notification in the IEP ✓ Provide information regarding guardianship and alternatives ✓ Transfer educational rights at age 18, when applicable ✓ Continue providing required notices to both the adult student and parent ✓ Maintain documentation of all notifications ✓ Rights transfer at age 18 unless guardianship exists ✓ Adult students make their own educational decisions ✓ Parents continue to receive required IDEA notices ✓ Supported Decision Making is an alternative to guardianship ✓ Parents may attend ARD meetings when invited by the adult student or district ✓ FERPA rights transfer to the adult student at age 18
EARLY CHILDHOOD SERVICES AGES 0–5 Operating Guidelines: LINK Legal Framework: LINK Overview NBISD provides special education services and supports for eligible children ages 0–5. The district collaborates with Early Childhood Intervention (ECI) programs and families to identify, evaluate, and serve young children with disabilities. Services for children birth through age 2 may be provided through an Individualized Family Service Plan (IFSP), while eligible children ages 3–5 receive services through an Individualized Education Program (IEP). Key Responsibilities ✓ Conduct Child Find activities for children ages 0–5 ✓ Coordinate with ECI and community partners ✓ Participate in transition conferences ✓ Conduct evaluations in all suspected areas ✓ Develop IFSPs or IEPs, as appropriate ✓ Ensure timely transition to ECSE services NBISD Process NBISD collaborates with ECI providers and families to support children from birth through age 5. Transition planning begins before a child's third birthday to ensure a smooth transition from Part C services to Part B preschool services. Eligible children receive services through an IFSP or IEP based on age, eligibility, and individual needs.
DYSLEXIA SERVICES Operating Guidelines: LINK Legal Framework: LINK (SLD) Overview NBISD provides dyslexia services to eligible students through specially designed instruction aligned to student needs. The district utilizes Reading By Design, a TEA-approved dyslexia intervention program, and ensures students receive appropriate supports, accommodations, and services based on evaluation data and ARD Committee decisions. Key Responsibilities ✓ Identify students who may be at risk for dyslexia ✓ Conduct evaluations when dyslexia is suspected ✓ Provide Reading By Design instruction ✓ Monitor student progress and response to intervention ✓ Implement accommodations and supports ✓ Communicate progress with families NBISD Process NBISD utilizes Reading By Design as its primary dyslexia instructional program. Students suspected of dyslexia are referred for evaluation in accordance with state requirements. Eligibility, services, accommodations, and instructional recommendations are determined through the evaluation and ARD process when appropriate. The district also provides parent information and resources regarding dyslexia and available services.
LEAST RESTRICTIVE ENVIRONMENT (LRE) Operating Guidelines: LINK Legal Framework: LINK Overview Students with disabilities must be educated with their nondisabled peers to the maximum extent appropriate. Removal from the general education environment occurs only when the nature or severity of the disability prevents satisfactory progress, even with supplementary aids and services. NBISD Expectations Placement decisions are made by the ARD Committee after services and supports are determined. More restrictive settings are considered only when supports in general education are not sufficient. Best Practice Reminder ✓ Services drive placement ✓ Placement follows the IEP ✓ LRE is an individual decision Key Responsibilities ✓ Consider general education first ✓ Provide supports and services ✓ Review placement options ✓ Base decisions on the IEP ✓ Include parents in decisions ✓ Review placement annually Placement Considerations ✓ Student needs ✓ Educational benefit ✓ Supports and accommodations ✓ Access to general education ✓ Nonacademic participation ✓ Continuum of services
CHILDREN IN PRIVATE SCHOOLS Legal Framework: LINK Overview NBISD has Child Find responsibilities for students with disabilities who are parentally placed in private schools located within district boundaries. Eligible students may receive services through a Services Plan but do not have an individual right to the same services available to students enrolled in public school. NBISD Expectations NBISD collaborates with private schools located within district boundaries to identify, evaluate, and serve eligible students. The district maintains ongoing consultation and fulfills all Child Find and proportionate share requirements. Best Practice Reminder ✓ Child Find still applies ✓ Consultation is required ✓ Services Plans are not IEPs ✓ Private school placement impacts service eligibility Key Responsibilities ✓ Conduct Child Find activities ✓ Evaluate eligible students ✓ Consult with private schools ✓ Maintain required records ✓ Develop Services Plans when applicable ✓ Provide proportionate share services Important Considerations ✓ No individual entitlement to FAPE ✓ Services may differ from public school services ✓ Services are determined through consultation ✓ Parentally placed students may receive a Services Plan ✓ Private school representatives participate when appropriate ✓ Dual enrollment available for eligible students ages 3–4
PLACEMENT IN A RESIDENTIAL FACILITY Legal Framework: LINK Overview A residential placement may be considered only when the ARD Committee determines it is necessary for a student to receive FAPE. Residential placements are highly restrictive and are considered only after less restrictive options have been explored. NBISD Expectations Residential placements are considered only when the nature and severity of the student's needs prevent the district from providing FAPE in a less restrictive setting. The ARD Committee must document the need for placement and establish criteria for returning the student to a district program. Best Practice Reminder ✓ Residential placement is not a program ✓ Residential placement is an ARD decision ✓ Less restrictive options must be considered first ✓ Return to district planning begins at placement Key Responsabilites ✓ Consider LRE requirements ✓ Review less restrictive options ✓ Determine need through the ARD process ✓ Document placement rationale ✓ Establish return criteria ✓ Review placement annually Required Components ✓ ARD Committee decision ✓ Residential placement justification ✓ Services provided by the facility ✓ Return to district plan ✓ Annual placement review ✓ TEA notification, when required
CHILDREN WHO TRANSFER OR RECENTLY REGISTERED NBISD Procedure: LINK Legal Framework: LINK Overview NBISD ensures students transferring into the district receive timely services and supports. When a student transfers with an IEP, the district provides comparable services while records are reviewed and eligibility is verified. NBISD Expectations NBISD provides comparable services immediately upon verification of eligibility and reviews transfer records to determine whether to adopt the existing IEP or develop a new IEP. Transfer students remain entitled to FAPE throughout the process. Best Practice Reminder ✓ Services cannot wait for records ✓ Comparable services must be provided ✓ In-state IEPs may be adopted ✓ New evaluations may be needed for out-of-state transfers Key Responsibilities ✓ Request records promptly ✓ Verify special education eligibility ✓ Provide comparable services ✓ Review transfer records ✓ Complete pending evaluations ✓ Meet required timelines Transfer Requirements ✓ In-state transfers receive comparable services ✓ Out-of-state transfers require IEP review ✓ Pending evaluations continue ✓ Parent input is considered ✓ Records transfer through TREX ✓ Services begin without delay
CAMERAS IN THE CLASSROOM NBISD Procedures: LINK Overview Texas law allows video and audio surveillance in certain self- contained special education classrooms and settings to promote student safety. Requests may be made by eligible individuals and must follow district procedures. NBISD Expectations NBISD follows all state requirements regarding the installation, operation, review, and confidentiality of classroom video and audio recordings in eligible special education settings. Best Practice Reminder ✓ Cameras support safety ✓ Cameras are not for staff evaluation ✓ Confidentiality requirements apply ✓ Follow NBISD procedures for all requests Key Responsibilities ✓ Respond to camera requests ✓ Provide required notices ✓ Operate and maintain equipment ✓ Protect confidentiality ✓ Investigate reported incidents ✓ Retain recordings as required Important Considerations ✓ Cameras are not continuously monitored ✓ Recordings are confidential ✓ Cameras are for student safety ✓ Incident reports trigger review ✓ Access is limited by law ✓ Recordings retained for at least 3 months
RECORD OF ACCESS Legal Framework: LINK Overview A Record of Access documents requests for and disclosures of confidential student information. Districts must maintain records of certain disclosures to ensure compliance with FERPA and IDEA confidentiality requirements. NBISD Expectations NBISD maintains records of access and disclosures in accordance with FERPA and IDEA requirements. Staff are responsible for protecting confidentiality and ensuring required documentation is maintained when student information is shared. Best Practice Reminder ✓ Document disclosures ✓ Protect confidentiality ✓ Maintain accurate records ✓ Follow FERPA and IDEA requirements Key Responsibilities ✓ Maintain records of disclosures ✓ Document requests for records ✓ Protect confidential information ✓ Maintain required documentation ✓ Allow parent inspection when requested ✓ Retain records as required Required Information ✓ Name of requesting party ✓ Purpose for access ✓ Date of disclosure ✓ Parties receiving information ✓ Legitimate educational interest ✓ Health and safety disclosures, when applicable
RETENTION AND DESTRUCTION OF RECORDS Legal Framework: LINK Overview NBISD maintains student records in accordance with federal and state record retention requirements. Records must be retained for the required period and destroyed in a manner that protects confidentiality when retention requirements have been met. NBISD Expectations NBISD follows state and federal record retention requirements and Local Schedule SD. Records may not be destroyed when litigation, audits, FERPA requests, complaints, or investigations are pending. Confidential records must be destroyed in a secure manner when retention requirements have been satisfied. Best Practice Reminder ✓ When in doubt, retain records ✓ Follow Local Schedule SD ✓ Protect confidentiality ✓ Never destroy records involved in pending actions Key Responsibilities ✓ Follow retention schedules ✓ Protect confidential records ✓ Maintain required documentation ✓ Retain records for audits and litigation ✓ Destroy records appropriately ✓ Document record destruction Important Requirements ✓ Follow Local Schedule SD ✓ Retain records for required timelines ✓ Suspend destruction during litigation or audits ✓ Protect confidential information ✓ Destroy records securely ✓ Maintain electronic and paper records
MONITORING AND COMPLIANCE CHECKS Compliance Review Checklist: LINK TEA Desk Review Rubric: LINK Overview Monitoring and compliance reviews ensure special education records, services, and processes meet federal and state requirements. Reviews focus on critical compliance areas and support continuous improvement across campuses. NBISD Expectations NBISD staff conduct ongoing compliance reviews using district procedures and TEA guidance. Findings are shared with campus administration, corrective actions are documented, and follow up monitoring is completed to ensure compliance. Best Practice Reminder ✓ Compliance is everyone's responsibility ✓ Correct issues promptly ✓ Document all corrective actions ✓ Focus on continuous improvement Key Responsibilities ✓ Conduct compliance reviews ✓ Identify noncompliance ✓ Document findings ✓ Develop corrective actions ✓ Monitor completion of corrections ✓ Maintain review records Review Areas ✓ Child Find & Evaluation ✓ ARD Committee Membership ✓ IEP Development ✓ IEP Content ✓ IEP Implementation ✓ Transition ✓ State Assessment