SECTION 235.133. Special Education Standards: Grades 6-12

(a) Special Education Standards. The standards identified in this section are targeted for teachers of students who receive special education services. The standards address the discipline associated with the theory and practice of teaching students who receive special education services. The standards inform appropriate teaching techniques, methods, and teacher actions, judgments, and decisions by taking into consideration philosophical, historical, and legal foundations of special education, characteristics of students who receive special education services, understandings of the needs and strengths of students who receive special education services, and the backgrounds and interests of individual students.

(b) Legal and Ethical Guidelines. The Grades 6-12 special education teacher demonstrates knowledge of all applicable state and federal laws, including Individuals with Disabilities Education Act (IDEA) of 2004; Section 504 of the Rehabilitation Act of 1973; The Americans with Disabilities Act (ADA) of 1990 and ADA Amendments Act (ADAAA) of 2008; Texas Education Code specific to students with disabilities; and Texas Administrative Code specific to students with disabilities; and Family Education Rights and Privacy Act. The Grades 6-12 special education teacher must:

(1) demonstrate knowledge of the major state and federal legislation (e.g., IDEA, Section 504, ADA, ADAAA) that has affected knowledge and practice of the education of individuals with high support needs;

(2) demonstrate knowledge of the history of exclusion of and discrimination against people with disabilities;

(3) demonstrate knowledge of IDEA 2004 eligibility categories;

(4) demonstrate knowledge of all required components of an Individual Transition Plan (ITP) as outlined in federal and state law;

(5) demonstrate knowledge of all required components of an Individualized Education Program (IEP) as outlined in federal and state law;

(6) demonstrate knowledge of all sections of the special education legal folder and where to store required documentation;

(7) demonstrate knowledge of the legal responsibility of all school staff to fully implement an IEP;

(8) demonstrate knowledge of the legal responsibility of all teachers and school staff to protect the confidentiality and dignity of students with disabilities;

(9) demonstrate knowledge of graduation options for students with disabilities receiving special education services according to §89.1070 of this title (relating to Graduation Requirements);

(10) demonstrate knowledge of the federal requirements for transfer of rights at the age of majority;

(11) demonstrate knowledge of the state and federal requirements for transition planning beginning at the age of 14;

(12) demonstrate knowledge of the special education teacher's roles and responsibilities regarding Child Find;

(13) demonstrate knowledge of the special education teacher's roles and responsibilities in creating and implementing the IEP with fidelity, including monitoring student IEP goal progress, implementing data collection of IEP goal progress, and reporting progress to the student and parents/guardians throughout the IEP year;

(14) use a variety of assessment data to write annual measurable goals and present levels of academic achievement and functional performance and to identify appropriate accommodations (academic, behavior, state, and district testing) and modifications based on individual student needs, and contribute to drafting the IEP;

(15) maintain student legal folders and store ongoing documentation according to local education agency (LEA) requirements and keep records to document receipt of the IEP by all required school staff;

(16) audit student class schedules to ensure compliance with least restrictive environment and schedule of services in the IEP;

(17) schedule and facilitate ongoing transition activities to prepare students for postsecondary living according to the IEP;

(18) demonstrate knowledge of the role and responsibilities of the special education teacher in preparing for an Admission, Review, Dismissal (ARD) committee meeting, including collecting required data, interpreting the results of progress monitoring and classroom assessment data, and visually representing and interpreting data to show student progress;

(19) demonstrate knowledge of the roles and responsibilities of the required members of an ARD committee;

(20) demonstrate knowledge of the required components of a typical ARD committee meeting agenda;

(21) interpret the results of a variety of assessment data (classroom, state and district transition assessment) in plain language to explain student progress on annual IEP goals and mastery of grade level standards to the ARD committee members;

(22) prepare and support students in leading ARD committee discussion regarding progress on IEP goals, mastery of grade level standards, appropriate accommodations (academic, behavior, state, and district assessment), transition needs and goals, and other supplements as needed;

(23) apply knowledge of individuals served through special education as well as special education laws and policies to facilitate and advocate for students' full participation in their education;

(24) demonstrate understanding that students served through special education may also have other special populations identifiers (i.e., gifted and talented, English learner, highly mobile and at risk, and dyslexia);

(25) advocate for student participation in the IEP, ARD meetings, and transition plan;

(26) foster and support students in their development of self-reliance and self-advocacy;

(27) apply knowledge of IEP transition activities to build students' readiness for postsecondary transition;

(28) advocate for high academic and behavioral expectations for students with disabilities; and

(29) demonstrate understanding that individuals with high support needs deserve to be challenged with high expectations and provided with meaningful and inclusive participation opportunities to develop the highest possible learning outcomes.

(c) Understanding and Addressing Each Individual's Developmental and Learning Needs. The Grades 6-12 special education teacher must:

(1) demonstrate knowledge about relevant physical and emotional development for early adolescence through early adulthood;

(2) demonstrate knowledge of how specific developmental characteristics of the teenage brain impact learning (e.g., decision-making, problem-solving, impulse control, and relationships);

(3) understand the impact of exceptionalities on developmental milestones, executive functioning, and social skills;

(4) demonstrate understanding that students with all support needs may also come from a different cultural background, may speak other languages than those of the dominant culture, or may come from a unique racial or ethnic group;

(5) demonstrate knowledge of the multiple biological, physical, psychological, and social influences that affect learning and development when working with individuals with high support needs;

(6) demonstrate knowledge of strategies to support students' development and independence given relevant grade level expectations for academic and behavior for students in Grades 6-12;

(7) apply a variety of evidence-based, age-appropriate classroom routines and procedures that support individual developmental and learning needs;

(8) demonstrate knowledge of a variety of assistive technologies to support individual developmental and learning needs;

(9) demonstrate knowledge of how developmental academic, social, and functional characteristics of individuals with high support needs impact levels of support needs;

(10) apply knowledge of evidence-based practices to identify and intervene when students are not making progress in functional, academic, or behavioral goals; and

(11) demonstrate the knowledge and ability to adapt instruction when students with high support needs do not meet milestones.

(d) Subject Matter Content and Specialized Curricular Knowledge. The Grades 6-12 special education teacher must:

(1) demonstrate a foundational knowledge of content specific TEKS and College and Career Readiness Standards (CCRS) appropriate for students in Grades 6-12;

(2) apply content-specific knowledge to develop individualized goals and objectives that are aligned with the appropriate grade-level TEKS and CCRS;

(3) design appropriate learning and performance accommodations and modifications for students with exceptional learning needs in academic subject matter content of the general curriculum;

(4) apply content-specific knowledge to modify and differentiate instruction as well as provide access to instructional materials for a wide range of student performance levels;

(5) apply understanding of the subject matter TEKS and specialized curricula to inform programmatic and instructional decisions for students with high support needs;

(6) understand how to identify a learner's preferred mode of communication;

(7) demonstrate content-specific knowledge at a level necessary for students with exceptionalities to progress in their individualized programs toward completion of a range of graduation plans;

(8) apply knowledge of individual learner characteristics and specialized curricula knowledge to accommodate, modify, and/or adapt curricula across contexts;

(9) demonstrate knowledge of how to integrate appropriate instructional and assistive technology for students in Grades 6-12;

(10) apply knowledge of individual learner characteristics and specialized curricula knowledge to accommodate, modify, and/or adapt the curricula across contexts;

(11) demonstrate knowledge of specialized curricula that may include curriculum for social skills, life skills, transition, orientation and mobility, independence curricula, and self-advocacy;

(12) demonstrate knowledge of families, culture, and community when involving paraprofessionals, general educators, and specialists, to make content and instruction accessible and challenging for students at all levels of support needs;

(13) demonstrate knowledge of how to provide modified access to subject-specific instructional materials to address individual learner needs in different contexts such as center-based, home-based, and school-based classrooms, including specialized and general classrooms; and

(14) recognize barriers to accessibility and acceptance of individuals with high support needs and plan for ways to address those barriers through the implementation of specialized curricula.

(e) Assessment for Data-based Decision Making. The Grades 6-12 special education teacher must:

(1) demonstrate knowledge of different forms of assessment, their purposes, and their application to inform development of IEP and to plan instruction;

(2) assess students' learning, behavior, and the classroom environment in order to evaluate and support classroom and school-based, problem-solving systems of intervention and instruction;

(3) use data from a variety of formative and summative assessments to identify learning goals, plan and adapt instruction, and monitor progress toward the learning goals;

(4) demonstrate knowledge of how to implement, collect data from, and keep records of ongoing formative assessment;

(5) use the results of multiple assessments to determine if a student is making adequate progress toward measurable outcomes;

(6) use assessment results to design, adjust, plan, and inform instruction or intervention;

(7) accurately interpret the results of various forms of assessments, including state assessments and district benchmark assessments;

(8) accurately analyze, interpret, and discuss the results of a variety of evaluation data for an individual student;

(9) interpret a variety of evaluation data including measures of student functioning, and educational, physical, and medical needs;

(10) identify, recommend, and implement appropriate accommodations and/or modifications for classroom, behavior, state, and district testing or other assessments as determined by the ARD committee;

(11) provide feedback to stakeholders regarding student performance on assessments and interpret assessment results in plain language for parents and students;

(12) administer, interpret, and gather baseline data from screening instruments and diagnostic reading, mathematics, and behavior assessments;

(13) use the results of multiple assessments to determine students' transition needs;

(14) support students in understanding their own assessment data and using those results to self-monitor and self-regulate; and

(15) collaborate with professionals with additional expertise as needed (e.g., English as a second language specialists, bilingual specialists, translators, speech and language pathologists, behavior specialists) to ensure an appropriate and valid assessment process.

(f) Supporting Learning Using Effective Instruction. The Grades 6-12 special education teacher must:

(1) demonstrate knowledge of how to plan instruction according to the requirements of an IEP, including use of supplements, technology, assistive technology, and related services;

(2) demonstrate knowledge of the key differences between IEP accommodations and modified curriculum;

(3) design instruction to meet the individual needs of a diverse group of students based on information from various types of formative and summative assessments;

(4) plan for strategic integration of technology and assistive technology into daily teaching practices based on student developmental and learning needs;

(5) use knowledge of the learning processes of adolescents and teenagers to select, adapt, and apply instructional strategies that meet the needs of individual students and support transition goals;

(6) use explicit, scaffolded, systematic instruction to teach content, strategies, and skills;

(7) design individualized instruction that adapts instructional intensity and/or intervention to build on students' strengths and accommodate needs;

(8) provide specific, developmentally appropriate, and explicit feedback to students during instruction to engage, motivate, and support students toward mastery;

(9) plan and integrate transition-focused activities into classroom instruction;

(10) create opportunities for students to demonstrate their knowledge and skill using different modalities and allow every individual to advance as they demonstrate their understanding;

(11) apply knowledge of developmentally appropriate instructional strategies to engage, motivate, and promote learning specific to the needs of adolescents and teenagers with exceptionalities;

(12) apply knowledge of the learning processes of adolescents and teenagers to select and use a variety of grouping strategies (e.g., whole group, small group, individual) to meet the learning needs of each student;

(13) promote the generalization of concepts and skills across content areas and educational settings;

(14) design visual supports to promote student mastery of curriculum, executive functioning, and classroom procedures;

(15) adapt instruction and make regular changes based on data from assessments;

(16) demonstrate an understanding of the continuum of instructional settings and of how to engage individuals with high support needs in inclusive, meaningful learning activities across instructional settings;

(17) apply knowledge of the Universal Design for Learning Guidelines to create and incorporate strategies for making content and instruction accessible and challenging for individuals with high support needs;

(18) apply knowledge of students, content, and pedagogy to develop, implement, evaluate, and revise instruction and interventions as needed;

(19) demonstrate understanding of the potential impacts of modified curriculum on a student's graduation plan;

(20) use strategies to promote active student engagement;

(21) demonstrate a thorough knowledge of the learning processes of adolescents and teenagers; and

(22) demonstrate understanding of the importance of digital citizenship and the vulnerability of youth with exceptionalities to social media influences.

(g) Supporting Social, Behavioral, and Emotional Growth. The Grades 6-12 special education teacher must:

(1) design effective and universally accessible environments and learning experiences appropriate for students in Grades 6-12;

(2) demonstrate knowledge of a range of preventative and responsive practices, appropriate for students, ages 11-22, that contribute to a positive and safe learning environment;

(3) demonstrate knowledge of classroom and schoolwide systems of Positive Behavioral Intervention and Supports (PBIS);

(4) demonstrate knowledge of the key components and purposes of a Functional Behavioral Assessment (FBA);

(5) demonstrate knowledge of the key components and purposes of a Behavior Intervention Plan (BIP);

(6) demonstrate knowledge of the key components and purposes of restorative discipline practices;

(7) create an environment in which expectations are clear and predictable and instructional routines and classroom procedures are used to support and actively engage students;

(8) use effective procedures and routines, appropriate to students in Grades 6-12 to facilitate safe and efficient transitions, promote independence, self-regulation, and executive functioning;

(9) use effective procedures and routines to create a physically safe, relationship-driven, and organized learning environment with access to materials, instruction, and content that facilitates social communication with peers and staff;

(10) establish, explicitly teach, and maintain clear expectations for student behavior;

(11) demonstrate knowledge of research-based de-escalation strategies to effectively address aggressive behavior;

(12) build positive relationships with students based on understanding of individual strengths and needs, high expectations, and mutual respect and rapport;

(13) create an atmosphere of safety that encourages social, emotional, and physical well-being of staff and students;

(14) use sources of data, such as the BIP, to identify or develop effective, evidence-based, and, whenever possible, antecedent and function-based practices for class-wide or individual-level interventions;

(15) analyze progress monitoring data as defined in the BIP to evaluate the effects of behavioral interventions;

(16) consider multiple avenues of intervention and reinforcement techniques such as class-wide and/or individual-level interventions;

(17) use FBA to collect data and analyze and utilize the data to design behavior intervention;

(18) conform to legal and ethical guidelines for all behavioral interventions;

(19) demonstrate knowledge of the impact of behavior on the learning of students and classmates;

(20) understand how factors, including family, community, exceptionalities, and trauma impact student behavior in the learning environment;

(21) provide positive and constructive-specific, developmentally-appropriate, and explicit feedback to guide student behavior;

(22) demonstrate knowledge and apply principles of Applied Behavior Analysis (ABA);

(23) demonstrate knowledge of how to find appropriate school and community supports for students who need social, physical, and/or emotional learning support; and

(24) take active measures to prevent bullying, maltreatment, violence, and sexual assault and report any instances through appropriate channels.

(h) Professional Learning and Collaboration. The Grades 6-12 special education teacher must:

(1) demonstrate knowledge of the roles and responsibilities of the Grades 6-12 special education teacher and of other professionals who deliver special education services;

(2) collaborate with paraprofessionals to identify and define the responsibilities, skills, and professional development needed for their roles;

(3) collaborate in a culturally responsive manner with families, paraprofessionals, and other professionals to lead effective meetings that address students' instructional and behavioral needs;

(4) consult with campus staff and/or colleagues about strategies, supports, and implementation of IEPs;

(5) coordinate with service providers and build student schedules;

(6) implement transition activities in the IEP that include community resources and service providers;

(7) mentor and supervise paraprofessionals;

(8) effectively collaborate with general education teachers to deliver, adapt, and differentiate instruction to meet the instructional, emotional, behavioral, and social needs of individual students;

(9) understand the strengths and limitations of various co-teaching models based on setting and the individual needs of students;

(10) understand the reciprocal relationship with general education teachers for effective and inclusive practices;

(11) collaborate and consult with multi-disciplinary teams, including career and technical education, electives, and extracurriculars, to plan and implement instruction in accordance with a student's IEP;

(12) select and develop resources to improve communication and collaboration with family and community;

(13) coordinate with instructional and related service providers and community agencies to identify and access services, resources, and supports to meet the needs of individuals with exceptionalities;

(14) collaborate with community service providers to address transition needs in accordance with the IEP and the ITP;

(15) demonstrate knowledge of the key components of different employment models and how to provide access to community-based instruction, and vocational training;

(16) engage in ongoing self-reflection to design and implement professional learning activities and advocate for improved outcomes for students with high support needs and their families, while considering the social, cultural, and linguistic diversity of students;

(17) set short-term and long-term professional goals based on ongoing analysis of student learning, self-reflection, and professional standards;

(18) demonstrate understanding of the barriers that exist for students with high support needs within educational settings and work with decision makers to design environments and select curriculum resources that include supports that address a range of student needs; and

(19) respectfully advocate for social, legal, and environmental changes for students and families of students with high support needs, recognizing students' multiple identified needs.

Source Note: The provisions of this §235.133 adopted to be effective October 15, 2020, 45 TexReg 7261