How to Read an IEP: Texas

Understanding Special Factors, Accommodations, Modifications, & State Testing Supports

Texas IEP Guide: Accommodations, Modifications, and State Testing

What is the testing, accommodations, and modifications section?

Terminology on this can get murky, but every single IEP has a section where a student’s accommodations and modifications for the classroom and for assessments is listed. This information is almost always broken into two sections– one for classroom accommodations and modifications and for testing accommodations and modifications. Testing accommodations and modifications are often broken up into classroom testing and state testing. That’s because state testing is really rule bound. Each state has a list of accommodations and modifications that students can be offered on state tests– and those are pretty limited. Like a student might be offered breaks, extra time, a separate setting, and noise canceling headphones for a state test. For classroom tests or instruction, the IEP team can often write in their own accommodations. For example, a student might need to sit away from their besties or sit near a door or sit near a teacher. Each of those is a classroom accommodation that can be listed in an IEP. For testing, a student might get a separate setting, double time, math content read aloud, a study guide, or even a free retake of a test. Basically, expect to see very few accommodations for a state test, slightly more for a classroom test, and far more for classroom instruction where there is no state mandated rubric of options to limit what students get. 

A few key notes. 1) Accommodations change how something is done, modifications change what is done. Confused? Check out the page on it!; 2) Accommodations and modifications are legally required. That means that a teacher can’t say nope, don’t want to do it.; 3) Accommodations and modifications can be changed at any point with an amendment. If there is something a student wants or needs that isn’t on the IEP, you can add it really easily. A student asked last month for a break in class to be added to the IEP so we did. The parent didn’t even come in– I just sent paperwork home. Another student wanted headphones to cancel out distractions so we added that. Accommodations are a great area for students to practice self-advocacy and very, very easy to change. Just not on state tests. State tests are rule bound and you have very limited options for providing students with extra support on them.

Where are testing, accommodations, and modifications in the IEP?

Highly variable! Typically towards the end of the IEP. Sometimes in the middle end, sometimes at the very end. These are pretty dry so they are normally pushed towards the end.

How do testing, accommodations, and modifications vary across districts and states?

One of the biggest variations is state to state on testing accommodations and modifications. California has listening to the math items as a state testing accommodation. New Hampshire doesn’t. There are significant variations state to state in this. A second common difference is in the layout. All districts list classroom and testing accommodations separately, but some break down testing accommodations into state and classroom and some do not. 

The third, and biggest difference, is in what this section is called. A lot will state something like “Required testing and assessments.” That means what tests the students will take and what supports they will get on them. A few don’t call classroom accommodations and modifications that. They will instead call them “supplementary aids and services.” That means classroom accommodations and modifications. I don’t know why the terminology varies so much but if you see anything like extra time, breaks, preferential seating or read aloud, you are in the right section.

This IEP comes from the Texas education agency. See the full IEP here. 

Because the images are hard to read, a transcript is below.

IX. DETERMINATION OF PARTICIPATION IN STATE AND DISTRICTWIDE ASSESSMENTS
34 CFR §300.320(a)(6)

Assessment/Content AreaJustification for Alternate Assessment or for Alternate English Language Proficiency AssessmentDetail of Accommodations
34 CFR §300.320(a)(6)(ii)(B)  
19 TAC §101.1003(b)  
19 TAC §101.1005(a)  
34 CFR §300.320(a)(6)(ii)(A)  
19 TAC §89.1055(b)(2)  
19 TAC §101.1003(b)  
19 TAC §101.1005(a)  
34 CFR §300.320(a)(6)(i)  
19 TAC §89.1055(b)  
19 TAC §101.5  
19 TAC §101.1003(c)  
19 TAC §101.1005(e)  
   
   
   
   
  

If you are a general education teacher, this is the most important part of the IEP. You are legally bound to allow the accommodations and modifications listed on the IEP. If any of them don’t make sense or sound awful, speak up! If any are missing, speak up. Also know that, while some are written as needed, all are really as needed. The IEP might say testing in a separate room but if the student doesn’t want that or need that on a particular exam, it doesn’t have to happen. An IEP shouldn’t be a sledgehammer, forcing a student to do something. Instead, an IEP should be a tool that the student can draw on to be successful– and one you can draw on to support them. So if a student is really squirmy in whole class testing, you might want to push that separate room– or the student might ask for it. At the same time, you can’t say no to an accommodation or modification listed on an IEP. It is a legally binding document. You can however ask that a particular accommodation or modification be removed at an IEP meeting.

If you are a parent, you want to check that these make sense. A lot of times students get an accommodation in kindergarten that somehow carries until 9th grade and makes utterly no sense. General education teachers need to implement these– and your child might be forced to have these if you have an intense general education teacher– so make sure that you have all of the accommodations your child needs and no more and no weird ones in the IEP. I regularly get ones for a tenth grader that state a read aloud or other things that my student thinks is super baby-ish. That accommodation has probably sat in the IEP for 6 years. It needs to go. I like to review accommodations with my students and ask them what they like. Students need agency in their IEPs and this is the easiest place for your child to speak up– they know what they like and hate so ask them their opinion!

Texas IEP Guide: Special Factors

What is the special factors IEP section?

On almost every district’s IEP there is a section explicitly titled special factors, because that is what the hodgepodge of things on that page is called in the federal law. IDEA states that IEP teams have to look at special factors that might impact a student’s learning in school including whether they are an English language learner, whether they are visually impaired, whether they are Deaf or hard of hearing, whether they have communication needs, whether they have behavioral challenges, or whether they would benefit from assistive technology like voice to text or an augmented communication device.  

The way that most districts have operationalized this is by creating a page titled special factors with a lot of yes or no check boxes. Take Arizona for example. On the IEP, the team checks needed or not needed next to assistive technology, language needs for English learners, communication needs, behavioral needs, visual support needs for a visually impaired student, and hearing supports needed for a Deaf or hard of hearing student. In their sample, the team also wrote in a bit explaining their nos or adding context. Lots of districts don’t do that though and this page is just a check yes or no page. It’s an important page to pay attention to though because if anything is checked yes on this page, you want to know about it.

As an FYI, each of the boxes means something particular. For example, if the team checks yes on the behavior box on special factors that means that the child needs a behavior support plan. If a student is kind of rude in school, skips some classes, and is defiant sometimes, they would most likely have a no for that box. A yes is for students whose behaviors are significant enough to warrant a coordinated, formal behavior plan monitored and reviewed regularly by the full IEP team. This is typically for students with histories of safety concerns at school, whether that is running, self-harm, or aggression or histories of major disruptions and defiance significant enough to warrant a BSP/BIP (behavior support or intervention plan) rather than just an IEP goal focused on improving behaviors. Similarly, if the assistive technology box is checked, that means that the student needs specialized technology bought and paid for that individual child by the district. A 1-to-1 laptop from the district isn’t assistive technology. A special program on that laptop paid for by the district for that student would be. And the communication box should only be checked if the student works with a speech and language pathologist– and they check that box. 

Where in the IEP is the special factors section?

Special factors is almost always it’s own page. It’s typically found after present levels but before IEP goals, although that can vary by district. It will almost always have special factors in its title.

How does special factors sections vary across states and districts?

Overall, this section doesn’t vary much district to district. One district might describe an English learner differently than another, but both will ask if a student is an English learner.

This IEP comes from the Texas education agency. See the full IEP here. 

Because the images can be hard to read, a transcript is below.

XIX. REQUIREMENTS FOR A STUDENT WHO IS BLIND OR VISUALLY IMPAIRED

19 TAC §89.1055(d), TEC §30.002(c)(4)

Provide a detailed description of the arrangements made to provide the student with the requirements in TEC §30.002(c)(4).

Evaluation of the Impairment | [Blank field]


XX. REQUIREMENTS FOR TRANSPORTATION

34 CFR §300.320(a)(4)

Transportation as a related service will be provided in the following manner:
[Blank field]


XXI. REQUIREMENTS FOR EXTENDED SCHOOL YEAR (ESY) SERVICES

19 TAC §89.1055(c)

If the ARD committee determines that the student is in need of ESY services, then the IEP must identify which of the goals and objectives in sections IV and VI will be addressed during ESY services.
Duplicate section XXI page, as needed.


XXII. REQUIREMENTS FOR A STUDENT WITH AUTISM OR OTHER PERVASIVE DEVELOPMENTAL DISORDER

19 TAC §89.1055(e)

Based on peer-reviewed research-based educational programming practices, to the extent practicable, the ARD committee determines whether the following strategies are needed.

Positive Behavior Support Strategies

19 TAC §89.1055(e)(4)

The ARD committee has considered the use of positive behavior support strategies based on relevant information, for example:
(A) antecedent manipulation, replacement behaviors, reinforcement strategies, and data-based decisions; and
(B) a behavioral intervention plan (BIP) developed from a functional behavioral assessment (FBA) that uses current data related to target behaviors and addresses behavioral programming across home, school, and community-based settings and determined that the student needs services as part of the IEP.
Describe below:
[Blank field]

Communication Interventions

19 TAC §89.1055(e)(8)

The ARD committee has considered the use of communication interventions, including language forms and functions that enhance effective communication across settings (for example: augmentative, incidental, and naturalistic teaching) and determined that the student needs services as part of the IEP.
Describe below:
[Blank field]

Professional Educator and Staff Support

19 TAC §89.1055(e)(10)

The ARD committee has considered professional educator/staff support (for example: training provided to personnel who work with the student to assure the correct implementation of techniques and strategies described in the IEP) and determined that services are needed and should be specified in the IEP.
Describe below:
[Blank field]


XXV. REQUIREMENTS FOR BEHAVIOR IMPROVEMENT PLAN OR BEHAVIORAL INTERVENTION PLAN

TEC §29.005(g), 19 TAC §89.1055(g)

If the ARD committee determines that a behavior improvement plan or a behavioral intervention plan is appropriate for the student, that plan must be included as part of the student’s IEP.

As a parent, you want to make sure the information here is accurate. If your child has been suspended for aggression, you want to see the behavior box checked and a behavior support plan present in the IEP. If the IEP is mostly a discussion of your child’s behaviors and that box isn’t checked and there is no BSP, you need to ask why. If you think your child needs specialized technology to succeed, whether that is a magnifying sheet to make text bigger or an iPad with a communication app on it, you need to speak up. What’s on this page has to be provided by the district so you want those boxes checked if your child has a need.

As a teacher, the two big things to look at are the behavior box and the assistive technology box. If the behavior box is checked, look for the behavior plan. Then read it really closely, ask questions, and make a plan. If the box is checked and there is no plan, get the counselors or school psychologist involved because something is wrong. The student might never have an issue in your class, but the checking of the behavior box means there is a significant concern. The second thing to notice is whether there is assistive technology. If so, you want to follow up with the student and make sure they have access to it in your classroom. Also speak up. If you have safety concerns about the student and the box isn’t checked, ask. If you think a student would benefit from specialized technology and it isn’t in the IEP, ask. You are part of the team