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Topic: Legal and Ethical Responsibilities of School Administrators in ARD Committees and Special Education Decision-Making

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Slide #1: Professional Perspective / Audience / Topic

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Slide #1: Professional Perspective / Audience / Topic

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Professional Perspective:
As an elementary assistant principal, I serve as the LEA representative in ARD committee meetings. I uphold legal and ethical standards during critical decisions affecting students with disabilities.

Audience:
This guide is designed for current and aspiring educational leaders, especially administrators involved in special education, compliance, and student services.

Why I Chose This Topic:
This topic is personally relevant to my role and leadership journey. Legal and ethical decisions made in ARD meetings directly affect student access, support, and educational outcomes. Misinterpretations can lead to serious legal consequences and harm student progress. This issue intersects with federal and state mandates, such as IDEA, Section 504, and FERPA, creating both an opportunity for student advocacy and a risk of legal missteps. Understanding the overlap among these laws is essential for school administrators making high-stakes decisions (Individuals with Disabilities Education Act, 2004; U.S. Department of Education, 2022, 2023).

Citation:

Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (2004).

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Federal:
The U.S. Department of Education (USDOE) administers IDEA and monitors compliance through the Office of Special Education Programs (OSEP) (USDOE, 2023).

State (Texas):
The Texas Education Agency (TEA) oversees ARD practices through the Special Populations Division and enforces regulations under the Texas Administrative Code (TEA, 2023).

Crossover Accountability:

OSEP (within USDOE) enforces both IDEA and Section 504 in public schools.

TEA ensures Texas ARD processes align with federal IDEA and Section 504.

FERPA (Family Educational Rights and Privacy Act) protects student records and promotes transparency in decision-making (U.S. Department of Education, 2022).

Citation:

U.S. Department of Education, Office of Special Education Programs. (2023). Individuals with Disabilities Education Act (IDEA). https://www.ed.gov.

Texas Education Agency, Special Populations Division. (2023). Texas Administrative Code. https://tea.texas.gov,

U.S. Department of Education. (2022). Family Educational Rights and Privacy Act (FERPA). https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html.

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Slide #3: Federal and State Constitutional Laws

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Slide #3: Federal and State Constitutional Laws

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Federal Constitutional Law – 14th Amendment:
Equal protection and due process underpin parent and student rights in ARDs (U.S. Const. amend. XIV).

Texas Constitutional Law – Article VII, Section 1:
Guarantees a free public education for all children (Tex. Const. art. VII, § 1).

Reflection:
Challenges arise when administrators fail to apply these rights uniformly, such as denying parent input or unequal access to services, risking legal action under due process and equal protection claims.

Citation:

U.S. Constitution. Amend. XIV.

Texas Constitution. Art. VII, § 1.

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Slide #4: Statute and Administrative Law

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Slide #4: Statute and Administrative Law

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Statute – Individuals with Disabilities Education Act (IDEA):
Guarantees FAPE, mandates IEPs, and emphasizes parent participation (Individuals with Disabilities Education Act, 2004).

Administrative Law – Texas Administrative Code, § 89.1050:
Outlines ARD procedures and responsibilities of LEA representatives (Texas Administrative Code, 2023).

Analysis:
Administrators must understand how IDEA requirements align with TAC and sometimes intersect with ADA regarding accessibility and behavior plans (U.S. Department of Justice, 2020).

Citations:

Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (2004).

19 Tex. Admin. Code § 89.1050 (2023).

Americans with Disabilities Act, 42 U.S.C. § (2010).

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Board of Education v. Rowley (1982):
Established the Free Appropriate Public Education (FAPE) standard under the Individuals with Disabilities Education Act (IDEA).

Endrew F. v. Douglas County School District (2017):
Clarified that Individualized Education Programs (IEPs) must offer more than minimal progress toward educational goals.

Synthesis:
These rulings highlight the evolving expectations for what qualifies as “appropriate” education and the legal consequences when districts fall short. They emphasize the importance of a thorough, individualized ARD process (Board of Education v. Rowley, 1982; Endrew F. v. Douglas County School District, 2017).

Citation:

Board of Education v. Rowley, 458 U.S. 176 (1982).

Endrew F. v. Douglas County School District, 580 U.S. ___ (2017).

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Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794):
Ensures no student with a disability is excluded from participation due to disability (U.S. Department of Education, 2021).

Note:
While IDEA governs students with qualifying disabilities and IEPs, Section 504 and ADA provide broader protections against discrimination. LEAs must navigate all three laws in ARD meetings to prevent OCR investigations (U.S. Department of Education, 2021; U.S. Department of Justice, 2020).

Citation:

U.S. Department of Education. (2021). Frequently asked questions about Section 504 and the education of children with disabilities. https://www2.ed.gov/about/offices/list/ocr/504faq.html

U.S. Department of Justice. (2020). Americans with Disabilities Act Title II regulations. https://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm

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Slide #7: Local Administrative Law / Policy / Rule

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Slide #7: Local Administrative Law / Policy / Rule

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Example – Crane ISD Board Policy EHBAE (Legal/Local):
Emphasizes ARD roles, IEP implementation, and legal compliance (Crane Independent School District, 2023).

Context:
Local policy must align with IDEA, Section 504, and FERPA. Inconsistencies or a lack of documentation can result in compliance issues during audits or hearings.

Citation:

Crane Independent School. Dist.., Board Policy EHBAE (Legal/Local) (2023).

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Conduct annual training on IDEA and Section 504 (TEA, 2023).

Maintain logs of communication and parental input (U.S. Department of Education, 2023).

Implement ARD procedural checklists (Smith & Kowalski, 2020).

Ensure FERPA compliance during ARD records sharing (U.S. Department of Education, 2022).

Clarify the differences between IDEA and 504 to prevent misidentification.

Citation:

Smith, J., & Kowalski, A. (2020). Legal literacy for school leaders: Ten key principles. Education Law Press.

Texas Education Agency (TEA). (2023). Special education guidance. https://tea.texas.gov

U.S. Department of Education. (2022). FERPA general guidance for parents. https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

U.S. Department of Education. (2023). Office of Special Education Programs (OSEP). https://www.ed.gov

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Texas Educators’ Code of Ethics – Standard 1.2:
“The educator shall not knowingly misrepresent facts regarding the student” (Texas Administrative Code, 2023).

Ethical Challenge:
LEA representatives may be pressured to limit services due to budget constraints. Ethical leadership requires prioritizing honesty, equity, and the students’ needs.

Citation:

Texas Administrative Code. (2023). Texas Administrative Code. (2023). Texas educators’ code of ethics (Title 19, Part 7, Chapter 247). https://tea.texas.gov

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As an assistant principal and educational leader, I have actively served as the LEA representative in numerous ARD meetings, where I have been responsible for navigating complex legal frameworks while advocating for the individualized needs of students. In these high-stakes environments, I’ve witnessed firsthand how a lack of clarity, miscommunication, or insufficient understanding of legal obligations can severely impact the trust between schools and families. For example, when parental input is not adequately considered or procedural safeguards are not communicated, families may feel marginalized, resulting in formal grievances or strained partnerships.

These experiences have deepened my commitment to leading with legal precision and human compassion. I now approach each ARD meeting with a mindset prioritizing transparency, equitable access to services, and collaborative decision-making. I’ve learned that effective leadership in special education requires more than compliance; it demands the courage to advocate, the knowledge to interpret intersecting laws, and the humility to listen. Ultimately, these experiences have shaped my leadership philosophy, anchoring it in legal literacy, ethical responsibility, and a student-centered focus.

Citation:

Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. (2004).

U.S. Department of Education. (2023). Office of Special Education Programs (OSEP). https://www.ed.gov

Texas Administrative Code. (2023). Texas educators’ code of ethics. Title 19, Part 7, Chapter 247. https://tea.texas.gov

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Slide #11: Recommendations / Best Practices for Compliance

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Slide #11: Recommendations / Best Practices for Compliance

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Annual training on IDEA and ARD compliance is required.

Provide procedural safeguards in advance.

Document all ARD discussions.

Involve legal counsel in complex cases.

Align decisions with IDEA, Section 504, and FERPA.

Use legal checklists at each ARD.

Avoid educational jargon; use parent-friendly language.

Monitor IEP implementation and provide updates.

Audit ARD documentation regularly.

Lead with empathy, clarity, and legal accuracy.

Citation:

Smith, J., & Kowalski, L. (2020). Legal literacy for school leaders: Ten key principles. Education Law Press.

U.S. Department of Education. (2022). FERPA general guidance for parents. https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

U.S. Department of Education. (2023). Office of Special Education Programs (OSEP). https://www.ed.gov

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Board of Education v. Rowley, 458 U.S. 176 (1982). https://supreme.justia.com/cases/federal/us/458/176/

Crane Independent School District. (2023). Board policies. https://www.craneisd.com

Endrew F. v. Douglas County School District, 580 U.S. ___ (2017). https://www.supremecourt.gov/opinions/16pdf/15-827_0pm1.pdf

Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (2004). https://sites.ed.gov/idea/

Smith, M., & Kowalski, J. (2020). Legal literacy for school leaders: Ten key principles. Education Law Press.

Texas Administrative Code. (2023). Title 19, Part 7, Chapter 247. https://tea.texas.gov

Texas Constitution. Art. VII, § 1. https://statutes.capitol.texas.gov/

Texas Education Agency. (2023). Special education guidance. https://tea.texas.gov

U.S. Constitution amend. XIV. https://constitution.congress.gov/constitution/amendment-14/

U.S. Department of Education. (2021). Frequently asked questions about Section 504 and the education of children with disabilities. https://www2.ed.gov/about/offices/list/ocr/504faq.html

U.S. Department of Education. (2022). FERPA general guidance for parents. https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

U.S. Department of Education. (2023). Office of Special Education Programs (OSEP). https://www.ed.gov

U.S. Department of Justice. (2020). Americans with Disabilities Act Title II regulations. https://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm