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My professional perspective is being an educator, a special education teacher at a middle school and a graduate student at Angelo State University. I teach reading resource sixth-8th grade. I began my professional career as a teacher eight years ago and looking forward to continue serving my students as a counselor in the near future. This Legal Guide Padlet's purpose is help future educators, parents, all other faculty and staff to understand the ARD (Admission, Review, and Dismisssal) requirements and process. I  chose this topic because, as a special education teacher, I strongly believe parents and teachers must provide a cooperative support system partnership between home and school to build the best educational plan to the student's academic needs, abilities, desires and expectations.

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This topic is important and it impacts because I am a special education educator. A special education teacher teaches, serves students with different disabilities and held annual meetings to review students' individual plans of education, IEPs.  In addition, this topic has a personal effect as the school's head department of this program, I oversee the school's plan to make sure that all special education students are receiving their instruction and related services, to address their individual academic needs. The ARD is a collaborative process; it is a team effort because it involves parents, teachers, administration, students, and related services personnel.

1) Why is it important to understand the ARD requirements and process?
Special education services and programs are covered by the IDEA (Individuals with Disabilities Education Act). Every child who receives special education is covered by this law and that it is every educator's responsibility, under the state of Texas, to meet the needs of students with disabilities; therefore, it is important for every educator have knowledge and understand the state of Texas's special education laws, how to follow and apply them.

2) Best Practices in ARD Requirements
ARD meetings are a collaborative process.
1). Parents' involvement is essential. Although, at times, is difficult to get parents' involve in their child's IEP and activities, she
reinforce the need for educators to make efforts to get in contact with parents and let them know the objectives and resources available or been used to help out their child.
2) Sadly, some parents might feel alone and it is imperative for educators and school staff to make them feel welcome and aware that we are supportive.
3) Some educators and parents, at times, get confused with the IEP (Individual Education Plan) process. It is imperative  to focus on explaining and helping all people involved understand it, schedule meetings at the convenience of the parents, and help parents not feeling intimidated by the presence of some personnel.

Emerging Issues
Many special education students are served in general education classrooms. "This is leaving general education classroom teachers responsible for a greater need for understanding of student learning" (Edmentum, 2019). This is one of the seeds of conflict. General education teachers are dealing with issues like as knowing the signs and resources with these students; also, do not fully well understand the process, lack of structure, and lack of time to offer the instruction, testing, other accommodations, and services to the student's best interests and abilities. Los Obispos Middle's administration, school where I am currently employed,  is searching for ways such as developing trainings to provide guidance and clarification of the ARD process and IEPs implementation in regular education classes.

Edmentum. (2019, April 12) Five Current Trending Issues in Special Education. Retrieved from
https://blog.edmentum.com/five-current-trending-issues-special-education

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The Partners Resource Network Empowerment Through Education held a statewide and collaborative webinar in 2019 discussing the importance for parents to speak up and embrace a leadership role in their child's ARD meeting. This topic provides  details related to the ARD requirements that are essential for an effective meeting discussion like as negotiation strategies, peaceful conflict resolution, parent's participation in the development of the IEPs  while protecting the parent-school relationship. This webinar focuses in two IDEAs key legislation,  34 CFR § 300.322, 300.322(a) and 300.324 (a) (2) which are: (a) public agency responsibility-general. Ensuring that one or both parents are present and (2) scheduling the meeting at a mutually agreed time and place.

This webinar is helpful because it reviews what the IDEA says about parent's participation in development of IEPs, negotiation and resolving conflict issues during the ARD meetings.

Partners Resource Network Empowerment Through Education. (2019).  Speak Up! Empowerment through Effective Communication. Retrieve from
https://prntexas.org/wp-content/uploads/2019/03/Speak-Up-March2019-Partners-Resource-Network.pdf

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The article titled, "For fourth straight year, Texas special education "needs assistance," fed say", published in the Houston Chronicle discusses that the state of Texas needs help complying with federal law providing special education services to children with disabilities.  Since 2016 under IDEA, Texas has earned the same rating despite a push to improve. "Of 5.4 million public school children in Texas, some 532,000 students received special education services in the 2018-2019 school year" (Zelinski, 2019). The following challenges the state of Texas "needs assistance".
* It is urgent for the state of Texas to focus on solutions and produce results to correct the problems in the special education system.
*Needs staff, qualified staff, to complete evaluations, ARD requirements, and determine whether students need special education services.
This article presents that Texas has and will continue to work on improving its rating like as test scores for special education students including disabilities autism, dyslexia, speech impairments and emotional disorders.

Zelinski, Andrea. (2019, July 4). For fourth straight year, Texas special education"needs assistance," feds say. Houston Chronicle. Retrieved from https://www.houstonchronicle.com/news/politics/texas/article/For-fourth-straight-year-Texas-special-education-14070637.php

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ARD Requirements State Administrative Law/ (§ 89.1040 Eligibility Criteria & § 89.1055 Content of the IEP (Individual Education Program)).
These laws must comply with the requirements of the 34 Code of Federal Regulations (CFR),  § 300.8, §300.320 and § 300.324.
I reviewed these provisions regrading special education because it provides specific detailed information to determine if the student is eligible to receive special education services. In this section it specifically provides the criteria used to determined whether a student's condition meets one or more of the definitions in federal regulations or state law.
The eligibility definitions discussed in this section are:
* Autism,
* Deaf-blindness,
* Auditory impairment
* Emotional disturbance,
* Intellectual disability,
* Multiple disabilities,
* Orthopedic Impairment,
* Other Health impairment
* Learning Disability
* Speech Impairment,
* Visual Impairment
* Noncategorical (ages 3-5)
The IEP developed by the ARD committee must comply with the requirements of 34 CFR § 300.320 & §300.324. The IEP involves allowable accommodations, if student will participate in general statewide or/and district assessments, if needed a BIP (behavior intervention plan), post-secondary goals, transition services, date of meeting, attendees name and signatures.
Chapter 89. Adaptations for Special Populations. (2018, February) Division 1. General Provisions. Retrieved from
http://ritter.tea.state.tx.us/rules/tac/chapter089/ch089aa.pdf

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Slide #13 Recommendations/Best Practices for Compliance

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Slide #13 Recommendations/Best Practices for Compliance

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ARD Requirements/Special Education
* An ARD's committee purpose is to
--- determine eligibility
---develop/review IEP
---determine necessary services/supports
---determine least restrictive environment
* the required members are as follow:
----- a parent/guardian/surrogate
---general education teacher
---special education teacher
---school representative/administrator
---child when appropriate
---CATE teacher if necessary (middle school and on)
*An ARD committee must discuss
---the child's evaluation
---the child's eligibility
---strengths and needs
---goals and objectives
---schedule of services and other related services
---placement
* must update or/and reviewed the child's IEPs
---goals, objectives, accommodations, and modifications
* Parental Rights
* An ARD meeting takes place at least once per year to develop, revise and update the child's IEP. If needed sooner, parent, or any member of the committee may request a meeting.
Every school and school district must ensure that parents have the opportunity to participate in the planning and decisions of their child's IEPs. Each child who receives special education services has an IEP and must be review, update and discuss at least once per year.
As a current special education teacher and parent, collaboration is essential in the children's education. Educators advocate yet with the parent's help and support, it will facilitate the learning, services and programs for the child's success in and out of school. Following these guidelines for compliance, laws and all other regulations, will ensure  and promote a meaningful and strong relationships in the educational decision making for these students.

Additional information:
Region 13. (2019, June) Education Service Center. Retrieved from http://www4.esc13.net/uploads/facilitatingIEPs/docs/SPED_ParentHandbook.pdf
Image Retrieved:
Laredo Independent School District. (2020). What is Special Education? What is an ARD? Retrieved from www.lisd.net

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Endrew F. v. Douglas County School District Re-1.
An article titled, "Special Education Case at Supreme Court Could Prove Costly for Schools" by Rebecca Beitsch shows the importance to advocate for disabled students. This article analyzes a case to emphasize the need to ensure students with disabilities to get better education, more educational programs and services according to their IEPs. The author discusses the dilemma and the resolution of this case that enable me to continue learning and acquiring knowledge about the ARD and IEP requirements, understand the implications and ensure that the IEPs develop and propose for each child are educationally and meaningful to each student's needs.

Beitsch, Rebecca. (2016, December 8). Special Education Case at Supreme Court Could Prove Costly for Schools. Retrieved from
https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2016/12/08/special-education-case-at-supreme-court-could-prove-costly-for-schools

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As a current special education educator, my mission is to provide the best quality of education to my students' abilities addressing their individual differences and academic needs. After reviewing these laws, articles and all other additional information, I have concluded that this analysis has reinforce my professional ethical principles and practice standards. One item in the special education code of ethics related to my topic is to "advocate for professional conditions and resources that will improve learning outcomes of individuals with exceptionalities" plus "practicing within the professional ethics, standards, and policies of CEC" by following laws and policies that influence my professional practice (Council for Exceptional Children, 2015). These code of ethics relate to my current profession because my goal is to provide the best education, services and resources to target my special education students' academic needs and services yet always following the laws and regulations stipulated by the local school district and  the state of Texas.  As a current special education teacher and future counselor, I will always try my best to maintain a high level of professional competence and continue participating in the growth of my professional knowledge, my students and my coworkers.

Council for Exceptional Children. (2015). What Every Special Educator Must Know. Professional Ethics and Standards. Retrieve from https://www.cec.sped.org/~/media/Files/Standards/Professional%20Ethics%20and%20Practice%20Standards/Code%20of%20Ethics.pdf

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The article, "Texas estimates it may owe feds $223 million after illegally decreasing special education funding", discusses a major flaw in the state of Texas concerning money spending on kids with disabilities.
* Education officials told lawmakers that the state of Texas will owe about $33 million for illegally decreasing funding for kids with disabilities.
* The U.S. Department of Education found the state of Texas in violation of a federal statute. Texas was reducing their funding for kids with disabilities and a financial penalty took effect.
*TEA ( Texas Education Agency) it is discussing solutions with eh federal government and the Legislature.
This articles presents that although Texas is tied to a major flaw in the way it chooses to spend money on kids with disabilities, services for students with special education are not negatively impacted.

Swaby, Aliyya. (2019, April 5). Texas  estimates it may owe feds $223 million after illegally decreasing special education funding. The Texas Tribune. Retrieved from
https://www.texastribune.org/2019/04/05/texas-estimates-it-may-owe-feds-223-million-special-education-funding/

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ARD Requirements Administrative (Federal) Law (34 CFR §300.320 & §300. 321).
This  law discusses the  admission, review, and dismissal committee related to the special education meetings. This law states and details various aspects of the statute; each eligible student with a disability, each school district must establish an ARD committee. In this committee an IEP (individualized education program will be proposed and implemented plus other regulations like as stated under the 34 CFR, §300.320-300.325.
The ARD committee membership must include the following:
* parent(s)/guardian(s) of the student,
*at least one regular education teacher;
* at least one special education teacher;
*representative of the district/administrator;
*a career and technical education, preferably a CATE teacher.
The special education teacher that participates in the ARD committee must be licensed or certified as required by the 34 CFR, § 300.18.

Additional information:
Chapter 89. Adaptations for Special Populations. (2018, February) Division 1. General Provisions. Retrieved from
http://ritter.tea.state.tx.us/rules/tac/chapter089/ch089aa.pdf

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Slide #8 § 29.001 Statewide Plan/Texas Education Code/Statutory 

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Slide #8 § 29.001 Statewide Plan/Texas Education Code/Statutory 

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The Texas Education Agency must develop and modify, consistent with federal law,  for the delivery of the services to children with disabilities and funding of the special education program is available to all children between three and 21. In addition, must ensure that a parent/guardian is informed and attends,  as provided by 20 U.S.C. Section 1415(b), meetings of the child's ARD committee. The parent/surrogate/guardian is required to:
*visit the child's school,
*attend ARD meetings,
*exercise the child's due process rights
*request a review of the student's IEP,
*provide input in the child's IEP

TEA Special Education A-Z Index. (2017, December). Special Education Rules & Regulations. Retrieved from
http://framework.esc18.net/Documents/Side_by_Side.pdf

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Each local school district must provide services to special education children with special education personnel in order to meet the special needs according to 34 CFR, §300.114-300.118.  United Independent School District is not an exception. This local district provides special education services to an 8.5% of the students enrolled, 3935 students. "The mission of the Special Education Program at United ISD is to provide a free and appropriate public education in the least restrictive environment to any and all students qualifying for special education services." For a student to qualify must meet the eligibility criteria for at least one of the thirteen disabilities stated in the IDEA.
UISD strives to provide the best and appropriate services for each individual student. "Under federal and state laws and District policy, the special education program must provide a continuum of services to provide for the needs of special education students." Plus, students at UISD under the special education program are eligible for transportation and specialized transportation outlined in an ARD. Title 84 CFR §300.16.
United Independent School District. (2019). District Improvement Plan. Retrieved from
http://s3.amazonaws.com/scschoolfiles/1556/dip_9_27.pdf

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FAPE Requirements § 300.101 Free appropriate public education.
FAPE in general is that every child including children with disabilities must be available a free appropriate public education between the ages of 3 and 21 even when suspended or expelled from school.
*Each State must ensure that all children is receiving free appropriate education even if child had or not been retained or advance grade.
*Each State must ensure that an IEP is in effect by the child's third birthday according to §300.323.

TEA Special Education A-Z Index. (2017, December). Special Education Rules & Regulations. Retrieved from
http://framework.esc18.net/Documents/Side_by_Side.pdf