19 Tex. Admin. Code § 4.11 - Tracking Participation of Students with Intellectual and Developmental Disabilities (IDD)
(a) For the purpose
of this rule, Intellectual and Developmental Disability (IDD) will be defined
as a neurodevelopmental disorder that must meet the following criteria:
(1) Deficits in intellectual functions, such
as reasoning, problem solving, planning, abstract thinking, judgement, academic
learning, and learning from experience.
(2) Deficits in adaptive functioning that
result in failure to meet developmental and sociocultural standards for
personal independence and social responsibility. Without ongoing support, the
adaptive deficits limit functioning in one or more activities of daily life,
such a communication, social participation, and independent living, across
multiple environments, such as home, school, work and community.
(3) Paragraphs (1) and (2) of this subsection
may occur after the developmental period (such as in the case of a traumatic
brain injury).
(4) Students with
IDD may include those diagnosed with an Autism Spectrum Disorder.
(b) For the purpose of this rule,
"postsecondary transitional program or postsecondary program for students with
IDD" will be defined as a degree, certificate or non-degree program for
students with IDD that is offered by an institution of higher education. These
programs are designed to support students with IDD who want to continue
academic, career, and independent living instruction following completion of
secondary education.
(c) The
Coordinating Board may collect, as part of its ongoing regular data collection
process, information about students with IDD for the purpose of analyzing
factors affecting the college participation and outcomes of persons with IDD at
public institutions of higher education. Institutions may only report students
who have been identified through self-identification and/or documented receipt
of special services. Students who do not self-identify will not be reflected in
the data. Institutions may, but are not required to, collect consent forms
regarding reporting of the data outlined in subsection (d) of this section from
students who have self-identified with an IDD. In the case where a student has
an appointed legal guardian, the guardian will act on behalf of the student for
the purposes of this rule.
(d) All
public institutions of higher education shall provide to the Coordinating Board
data, as specified in subsection (e) of this section, regarding the enrollment
of individuals with IDD in their undergraduate, graduate and technical
continuing education programs. Data about these students' participation in
postsecondary transitional programs or postsecondary programs for students with
IDD will also be collected, but student-level data will not be collected for
students enrolled in these programs unless they are also enrolled in
credit-bearing college-level coursework or technical continuing education.
Institutions of higher education and the Coordinating Board shall follow all
federal privacy requirements under the Family Educational Rights and Privacy
Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA)
when collecting and reporting data for the purposes of this rule.
(e) Two additional items will be added to the
CBM Student Reports (CBM001, CBM00A, and CBM0E1) for the purposes of this
ongoing study. The definitions in subsections (a) and (b) of this section will
apply to the data collection for these items.
(1) An item with three options in which the
student is reported as:
(A) not identified as
having an IDD;
(B) identified as
having an IDD;
(C) identified as
having an autism spectrum developmental disorder but not an intellectual
disability.
(2) An item
with three options indicating if:
(A) the
student never participated in a postsecondary transitional program or
postsecondary program for students with IDD;
(B) the student participated in a
postsecondary transitional program or postsecondary program for students with
IDD;
(C) it is unknown if the
student ever participated in a postsecondary transitional program or
postsecondary program for students with IDD.
(f) Access to the identifiers above in the
CBM Student Report which indicate if an enrolled student has an IDD as defined
will not be made available to the Education Research Centers, established under
Texas Education Code §
1.005, as part of
regular data requests unless this information is specified and approved by the
advisory board established under Texas Education Code §
1.006 as relating to
the research study proposed.
Notes
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