“THE BIG 11”: Addressing the Autism Supplement

1. Cynthia S. Buechler Buechler & Associates, P.C. 3660 Stoneridge Road, Suite D-101 Austin, TX 78746 attorneys@buechlerlaw.com “THE BIG 11”:Addressing the Autism Supplement

2. Is the Autism Supplement part of federal law? • No. The Autism Supplement is a state law.

3. Are the 11 items listed unique to the disability of autism? • No. The areas are available to any student eligible for special education services who needs them.

4. Is there a requirement that each student that is autistic have services under every category? • ▪ No. • ▪Schools must consider all eleven strategies in 89.1055(e) for students eligible for special education services under the eligibility category of autism. Consideration of these strategies in no way implies a requirement to implement any particular strategy. It is the responsibility of the ARD committee to determine which of the strategies, if any, should be included in a student’s IEP. • The emphasis an ARD committee places on each consideration should be contingent on the needs of the individual student.

5. When the ARD committee determines that services are not needed in one or more of the areas specified in 89.1055(e)(1)-(11), the ARD committee must include in the IEP a statement indicating that the services are not needed and the basis upon which the determination was made. The statement may address the services collectively or individually.

6. 1. Extended educational programming: • Extended educational programming encompasses extended school year services, and/or extended day.

7. For Extended Day: • The ARD committee needs to determine whether the student’s goals and objectives can be met during the school day.

8. ▪ ESY Determination: • The ARD committee must determine the need for ESY from formal and/or informal evaluations provided by the district or the parents. The ARD committee must identify the critical areas addressed in the current IEP objectives, if any, in which the child has exhibited, or reasonably may be recouped within a reasonable period of time.

9. A skill is critical when the loss of that skill results, or is reasonably expected to result, in any of the following occurrences during the first eight weeks of the next regular school year: • Placement in a more restrictive instructional arrangement; • Significant loss of acquired skills necessary for the child to appropriately progress in the general curriculum; • Significant loss of self-sufficiency in self-help areas as evidenced by an increase in the number of direct service staff and/or amount of time required to provide special education or related services;

10. Loss of access to community-based independent living skills instruction or an independent living environment provided by non-educational sources as a result of regression in skills; or • Loss of access to on-the-job-training or productive employment as a result of regression in skills; and • “Severe or substantial regression” means that the child has been, or will be, unable to maintain one or more acquired critical skills in the absence of ESY services.

11. Recoupment of Acquired Skills: • The ARD committee must determine the reasonable period of time for recoupment of acquired skills on the basis of needs identified in the child’s IEP: • ▪If the loss of acquired critical skills would be particularly severe or substantial, or if such loss results, or reasonably may be expected to result, in immediate physical harm to the child or to others, ESY services may be justified without consideration of the period of time for recoupment of such skills. In any case, the period of time for recoupment must not exceed eight weeks.

12. 2. Daily schedules: • Student’s with autism generally benefit from a regular routine; therefore, a daily schedule which lists activities in which the student is an active participant throughout the day as well as alternate schedules for exceptions to the regular routine (i.e. field trips, substitute teachers, programs, pep rallies, etc.) provides important information to the student and those who work with the student.

13. 3. In-home and community based training: • A student may have difficulty generalizing skills from one environment to another. In-home/community-based training is an option an ARD committee may choose for a student with autism in order for the student to learn or reinforce skills in a variety of settings. • An ARD committee may determine that in-home training should consist of a person with training in the area of disability meeting face-to-face with parents and /or the student with autism. It may also determine that in-home training consists of a videotape made available for use by the family to teach/learn specific skills. An ARD committee should consider providing in-home training based on the individual needs of the student.

14. 4. Positive behavior support: • While it is the responsibility of an ARD committee to make decisions regarding appropriateness of interventions based on the unique needs of an individual student, there is no one-size-fits-all approach to providing services to students with autism. In many situations, several intervention strategies may be implemented at the same time.

15. 5. Futures planning: • “Futures planning” refers to transition services, which generally begin by age 16, but may begin at an earlier age as determined by an ARD committee.

16. 6. Parent/family training and support: • A school should provide information regarding local resources available to parents/families of students with autism. Some resources to consider are parent support groups, workshops, videos, conferences and materials designed to increase parent knowledge of specific teaching and/or management techniques related to the child’s IEP. • Schools should offer parent training that fosters continuity across settings. Training should focus on generalization of IEP-related skills.

17. 7. Suitable staff-to-student ratio: • Staff-to-student ratios are determined by ARD committees on an individual basis. • When determining staff-to-student ratios, an ARD committee should consider the setting, a student’s communication abilities and present level of competence in each area of instruction. • When reviewing the ratio, it is helpful to consider what amount of support is needed for the following: • initial instruction (acquisition) • practice (fluency, maintenance) • generalization • transitions

18. 8. Communication interventions: Autism is a communication-based disorder. Under IDEA, the child may be considered to be a child with autism if: ▪ The child has a developmental disability significantly affecting: ▪ Verbal communications; ▪ Nonverbal communication; and ▪ Social interaction; ▪ The autism adversely affects the child’s educational performance; and ▪ By reason of the autism, the child needs special education and related services.

19. Consequently, the ARD committee may wish to consider a variety of strategies that enhance effective communication across settings.

20. 9. Social skills supports and strategies: • The ARD committee may wish to consider social skills supports such as social stories, role playing, video modeling, or organized groups where the student can practice skills taught.

21. 10. Professional educator/staff support: • Schools are responsible for training teachers and paraprofessionals to effectively implement programs for students with autism.

22. 11. Teaching strategies: • The inclusion of a strategy in TAC 89.1055(e)(11) should not be misinterpreted as an endorsement of any particular methodology. The methodology should be based on peer review, [and/or] research-based practices.