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I am taking the professional perspective of a school counselor. I work at a school that includes Pre-Kindergarten through Twelfth grade in the same building. This Legal Guide Padlet is a resource guide for educators who are or might become involved in the Admission, Review, and Dismissal (ARD) process. I chose this topic because many educators view ARD committee meetings as a chore that they have to complete, but do not put much thought into them. The ARD process is important because if the proper procedures are not followed, legal action can be taken.

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I interviewed Leesa Pyles. She is one of the diagnosticians in Sweetwater Independent School District. She works in the co-op and serves schools outside of Sweetwater. Diagnosticians work with ARD requirements almost on a daily basis.

Why are ARD requirements important to Pre-K through 12 educators?

Mrs. Pyles explained that ARD requirements are important to educators because all educators must help ensure students with disabilities receive a free and appropriate education (FAPE). In addition, ARD requirements are not suggestions for best practice. They are written in federal and state laws. She also explained that failure to follow ARD requirements could result in a due process hearing.

Best Practices for ARD committee meetings
Mrs. Pyles articulated what she considered three best practices for ARD meetings.

Ensure the proper committee members are in attendance at the ARD meeting. The ARD committee consists of at least one regular education teacher, at least one special education teacher, an administrator or a designee,  a diagnostician, and the child's parents.

Make sure the child's parent is invited and if they need to reschedule, try to do so within the legal time frame. She went on to elaborate that late ARD meetings are highly discouraged, but stated they can be started, recessed, and then restarted when the parent can be in attendance. Mrs. Pyles also stated that if the parent is in agreement, they can attend by phone.

Emerging Issues

When asked about any emerging issues, Mrs. Pyles stated that dyslexia testing is starting to fall under the special education umbrella. She stated that there may be some legal cases in the future but was not sure of any right now. She also stated that changes in guidelines for STAAR Alt 2 are becoming more strict. ARD committees need to be aware of the changes so that students are not incorrectly recommended for the testing.
(L. Pyles, personal communication, September 30, 2019)

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Sweetwater ISD provides a comprehensive program for students with disabilities and is dedicated to ensuring that all children with disabilities have available to them a Free Appropriate Public Education (FAPE) that emphasizes special education and related services designed to meet each student's unique needs. A continuum of services and supports is available across the district. Emphasis is placed on providing programs designed to include successful participation and progress in the general curriculum in the least restrictive environment and to prepare the children for employment and independent living after graduation.

Sweetwater ISD and eight other school districts are members of the West Central Texas Shared Services Arrangement (WCTSSA). This arrangement allows Sweetwater ISD and the eight other school districts located in this rural West Texas area to share personnel and services, which in turn facilitates in meeting the needs of a variety of students. WCTSSA offices are located in the Sweetwater Administration Building. Please call 325 235-8621 if you have any questions concerning students suspected of having a disability or students diagnosed with a disability. You may also contact the campus administrator for more information.

WCTSSA Belief Statements:
We believe that students with disabilities:

shall be expected to learn and achieve to the same degree as their nondisabled peers;.

are entitled to a quality education that is equivalent to that offered to nondisabled students;.

have the inherent right to be considered and included in all campus decisions and activities and be treated with the same respect as any other student;.

shall receive instruction in general education classes to the extent appropriate facilitated by a comprehensive support system of accommodations, modifications, supplemental aids, and services designed to recognize unique student needs and abilities;.

shall have access to optimal technology, instructional materials, and adaptive equipment.

shall be educated by well prepared, sensitive general and special education teachers and administrators trained in research-based instructional strategies to meet the needs of all students;.

shall feel good about themselves and know that they are valued in their educational environment;.

shall become productive, contributing members of society;.

shall be instructed in multiple classroom and community settings which are safe, accessible, and stimulating;.

shall have access to a full continuum of services including individualized modifications, accommodations, instructional techniques, and materials in an appropriate curriculum; and.

shall learn to work in a competitive world-wide marketplace and be prepared to pursue secondary education or occupational opportunities.

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Sweetwater ISD provides a comprehensive program for students with disabilities and is dedicated to ensuring that all children with disabilities have available to them a Free Appropriate Public Education (FAPE) that emphasizes special education and related services designed to meet each student's unique needs. A continuum of services and supports is available across the district.

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The National Association of Special Education Teachers has a question and answer section that members can access. In issue number 69, members can read more about scheduling individualized education team (IEP) team meetings. Additionally, members can educate themselves on who comes to an ARD and what factors need to be considered by the team.

National Association of Special Education Teachers. (n.d.) Questions and answers on when the IEP team meets. Retrieved from https://www.naset.org/index.php?id=4055

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Q & A Corner - Issue #69

Questions and Answers on

When the IEP Team Meets

IEP teams are made up of individuals who bring different perspectives and expertise to the table. Pooling their knowledge, team members set out to craft an individualized response to a specific child's needs, taking into account that same child's strengths and talents. There's a lot of information shared at IEP meetings, and a lot of discussion. The end product is the child's individualized education program. This issue of NASET's Q & A Corner describes how the IEP meeting is scheduled, who comes, and the factors team members must consider when writing an IEP.

NASET Members - Login to access this issue of the NASET Q & A Corner

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National Association of Special Education Teachers: Q & A Corner - Issue #69

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IEP teams are made up of individuals who bring different perspectives and expertise to the table. Pooling their knowledge, team members set out to craft an individualized response to a specific child's needs, taking into account that same child's strengths and talents. There's a lot of information shared at IEP meetings, and a lot of discussion.

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This article discusses an opinion issued by the U.S. Department of Labor (DOL) regarding the Family Medical Leave Act (FMLA) and IEP meetings. The DOL stated in their letter that parents are allowed to use FMLA intermittently to attend IEP meetings for their child. The article also discussed the role of principals in the IEP  process.

This opinion gives educators a tool to assist families in participating in the IEP process.

Principals are responsible for ensuring the IEP is followed. They should also fully participate in the IEP meeting.

Principals can help the IEP process by getting to know the student and also debriefing the teachers after the IEP meeting.

Jacobson, L. (2019, August 13). Labor dept. rules IEP meetings a valid reason for family and medical leave. Education Dive. Retrieved from https://www.educationdive.com/news/labor-dept-rules-iep-meetings-a-valid-reason-for-family-and-medical-leave/560715/

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Dive Brief:

The U.S. Department of Labor (DOL) has issued an opinion letter stating parents and guardians are allowed to use the Family and Medical Leave Act (FMLA) intermittently to attend Individual Education Program (IEP) meetings with teachers, school administrators and others involved in planning education services for children with special needs.

The letter was in response to a family's complaint that the mother's employer allowed her to use FLMA time for her two children's medical appointments, but not for meetings at school. Cheryl M. Stanton, a DOL administrator, wrote that a child's doctor does not have to be present at an IEP meeting for the parent to qualify for FMLA leave.

IEP meetings, Stanton wrote, "help participants make medical decisions concerning your children's medically prescribed speech, physical and occupational therapy; to discuss your children's well-being and progress with the providers of such services, and to ensure that your children's school environment is suitable to their medical, social and academic needs."

​Dive Insight:

The opinion gives educators a tool for helping families participate in the IEP process, which can be daunting and is often a source of frustration for parents.

A 2017 study suggested that parents "often feel like outsiders" during the process. And worrying about being penalized for missing work is only likely to make the meetings less productive. The authors recommended sending questionnaires to parents, teachers, other service providers and the student's peers to gain a more complete picture of the child's strengths and needs prior to the meeting.

Principals are responsible for ensuring that IEPs are implemented, but with many schools facing shortages of special education teachers, ensuring each step is followed according to law can take up more of a principal's already-busy schedule.

In a Q&A for the Council for Exceptional Children, David Bateman, a professor of educational leadership and special education at Shippensburg University in Pennsylvania, summarizes the principal's role in the IEP process. He recommends ensuring special and general education teachers have time to collaborate and that principals fully participate in IEP meetings.

In an article last year, Jennifer Butterfoss, an administrator with the San Francisco Unified School District, suggested other ways principals can improve the IEP process, such as meeting with the student in class a few days before the meeting, setting a clear agenda for the meeting, and debriefing afterward with other educators on the IEP team.

"Rarely will you get the chances to sit down with busy teachers," she wrote. "An IEP meeting is an opportunity to engage staff members in conversation around instruction."

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Labor Dept rules IEP meetings a valid reason for family and medical leave

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The U.S. Department of Labor (DOL) has issued an opinion letter stating parents and guardians are allowed to use the Family and Medical Leave Act (FMLA) intermittently to attend Individual Education Program (IEP) meetings with teachers, school administrators and others involved in planning education services for children with special needs.

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This article discusses a way to engage families in the IEP process.

Federal regulations state that schools have to ensure language barriers do not hinder parent access to essential school and district information. Schools have hired translators, but with the increasingly diverse population, schools can sometimes struggle to find human translators. Digital tools can help overcome this barrier.

In IEP meetings, digital translators can help schools abide by Title VI of the Civil Rights Act. If a human translator is not available, a digital translator can help ensure that parents are able to fully participate in ARD committee meetings just as a native English speaking parent would be able to participate.

Mathewson, T.G. (2016, December 22). Digital tools help districts overcome language barriers to family engagement. Education Dive. Retrieved from https://www.educationdive.com/news/digital-tools-help-districts-overcome-language-barriers-to-family-engagemen/432890/

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Ensuring language barriers do not get in the way of parent access to essential school and district information is not just a strategy for increasing engagement, it's required by federal regulations. And in districts with dozens of different languages spoken by families, meeting these obligations is no easy task.

Schools across the country have added interpreters and translators to their staffs, purchased subscriptions to telephone interpretation services, and coordinated with community agencies to make sure qualified interpreters from a range of backgrounds are available for important meetings and school events.

When it comes to basic family engagement, some schools have begun to take advantage of digital tools with built-in translators to go one step farther.

The nation's most diverse zip code, 75038, is in the Irving neighborhood of the Dallas metro area. It's largest population group is Asian, and they make up just 25.7% of the neighborhood. The zip code is also 25% black, 23% Latino and 23% white.

The Irving Independent School District serves much of the 75038 zip code, and, like this neighborhood, has a particularly diverse student body. This year, its students speak a total of 52 different languages. Lesley Weaver, division director of communications, says the district has interpreters on staff who can interpret into and out of some of the most common languages while also coordinating services for families who speak other languages.

While the district website has long featured an automatic translation feature, which currently translates into more than 100 different languages, Weaver has been particularly pleased with a private social network the district debuted in 13 schools in the fall of 2014 and later rolled out to the remaining 25.

Living Tree can be downloaded as a free cellphone app or accessed online, just like Facebook. Teachers can post updates about classroom lessons or upcoming events, sharing text, photos and videos in a private network that - most important for Weaver - allows two-way communication. Parents can like and comment on posts and send private messages to teachers. Thanks to the automatic translation, every user can be reading and writing in his or her preferred language.

"We know that regardless of income, regardless of language, parents want to be connected to their child's education," Weaver said. "All parents want what's best for their kids."

Living Tree gives parents an easy and direct way to communicate about day-to-day classroom activities. But while it features automatic translation, computers will never be perfect at something so complicated as translating nuanced language.

"We remind teachers in trainings that they need to be cognizant of the things they're posting," Weaver said.

Among the best practices they are reminded of is staying away from slang or innuendo because it may not be translated accurately. One example Weaver offers teachers is based on a standard turn of phrase - it's common to say "we've got a lot of great things 'in store' for the new year" but "store" will almost certainly be translated into business by automatic tools.

So far, Irving ISD has about 8,200 active users on Living Tree. In a district with 35,000 students, that's far from 100% parent participation, but considering the last app the school marketed garnered just 1,400 users, Weaver considers Living Tree a success and an important addition to its family engagement efforts.

Title VI of the Civil Rights Act says individuals cannot be discriminated against by national origin, and the courts have made clear that language barriers that prevent meaningful access to public institutions amount to exactly that. In January 2015, the U.S. Departments of Education and Justice released joint guidance to help schools and districts meet their legal obligations to English learner students and their parents and guardians with limited English proficiency. This document was the clearest and most comprehensive outline of school responsibilities on this matter to date.

From the joint guidance, schools and districts must make sure LEP parents get all the same school information provided to English-speaking parents including - but not limited to - information about: "language assistance programs, special education and related services, IEP meetings, grievance procedures, notices of nondiscrimination, student discipline policies and procedures, registration and enrollment, report cards, requests for parent permission for student participation in district or school activities, parent-teacher conferences, parent handbooks, gifted and talented programs, magnet and charter schools, and any other school and program choice options."

Schools must also have a defined process for identifying parents who need translation and interpretation services and then providing it. And they need to provide language assistance with "appropriate, competent staff" or similarly qualified outside resources. That means asking bilingual staff members to translate in IEP meetings or pulling children in to translate for their parents during parent-teacher conferences is not allowed.

"Some bilingual staff and community volunteers may be able to communicate directly with LEP parents in a different language, but not be competent to interpret in and out of English ... or to translate documents," the guidance reads. School districts can be - and have been - found liable for relying on untrained or unqualified interpreters.

While app-based, automatic translators cannot fulfill a district's responsibilities under the Civil Rights Act, Irving ISD has found its chosen tool can at least round out engagement efforts across a diverse community.

"We want families to feel like they have good, accurate, current information about what is going on in their child's school as well as how they can help them," Weaver said.

Its social network can at least do that.

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Digital tools help districts overcome language barriers to family engagement

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Ensuring language barriers do not get in the way of parent access to essential school and district information is not just a strategy for increasing engagement, it's required by federal regulations. And in districts with dozens of different languages spoken by families, meeting these obligations is no easy task.

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Slide 6 - Including Parents in the ARD Committee

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Slide 6 - Including Parents in the ARD Committee

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Doug C. v. State of Hawaii Board of Education, 720 F.3d 1038 (9th Cir. 2013).

Judicial Law

This case emphasizes the importance of parent participation in Individual Education Plan (IEP) meetings. The court ruled that the scheduling needs of the parent are more important than the scheduling needs of the school. They also determined that parental approval is needed for changes in a child’s placement.

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Tex. Const. art 7 § 1

Constitutional Law

This section of the Texas Constitution states that it is the legislature’s duty to establish a system of free public schools.

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THE TEXAS CONSTITUTION



ARTICLE 7. EDUCATION



Sec. 1. SUPPORT AND MAINTENANCE OF SYSTEM OF PUBLIC FREE SCHOOLS. A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.


Sec. 2. PERMANENT SCHOOL FUND. All funds, lands and other property heretofore set apart and appropriated for the support of public schools; all the alternate sections of land reserved by the State out of grants heretofore made or that may hereafter be made to railroads or other corporations of any nature whatsoever; one half of the public domain of the State; and all sums of money that may come to the State from the sale of any portion of the same, shall constitute a permanent school fund.


(Amended Nov. 8, 2011)


Sec. 2A. RELEASE OF STATE CLAIM TO CERTAIN LANDS AND MINERALS WITHIN SHELBY, FRAZIER, AND MCCORMICK LEAGUE AND IN BASTROP COUNTY. (a) The State of Texas hereby relinquishes and releases any claim of sovereign ownership or title to an undivided one-third interest in and to the lands and minerals within the Shelby, Frazier, and McCormick League (now located in Fort Bend and Austin counties) arising out of the interest in that league originally granted under the Mexican Colonization Law of 1823 to John McCormick on or about July 24, 1824, and subsequently voided by the governing body of Austin's Original Colony on or about December 15, 1830.


(b) The State of Texas relinquishes and releases any claim of sovereign ownership or title to an interest in and to the lands, excluding the minerals, in Tracts 2-5, 13, 15-17, 19-20, 23-26, 29-32, and 34-37, in the A. P. Nance Survey, Bastrop County, as said tracts are:


(1) shown on Bastrop County Rolled Sketch No. 4, recorded in the General Land Office on December 15, 1999; and


(2) further described by the field notes prepared by a licensed state land surveyor of Travis County in September through November 1999 and May 2000.


(c) Title to such interest in the lands and minerals described by Subsection (a) is confirmed to the owners of the remaining interests in such lands and minerals. Title to the lands, excluding the minerals, described by Subsection (b) is confirmed to the holder of record title to each tract. Any outstanding land award or land payment obligation owed to the state for lands described by Subsection (b) is canceled, and any funds previously paid related to an outstanding land award or land payment obligation may not be refunded.


(d) The General Land Office shall issue a patent to the holder of record title to each tract described by Subsection (b). The patent shall be issued in the same manner as other patents except that no filing fee or patent fee may be required.


(e) A patent issued under Subsection (d) shall include a provision reserving all mineral interest in the land to the state.


(f) This section is self-executing.


(Added Nov. 2, 1993; amended Nov. 6, 2001.)


Sec. 2B. AUTHORITY TO RELEASE STATE'S INTEREST IN CERTAIN PERMANENT SCHOOL FUND LAND HELD BY PERSON UNDER COLOR OF TITLE. (a) The legislature by law may provide for the release of all or part of the state's interest in land, excluding mineral rights, if:


(1) the land is surveyed, unsold, permanent school fund land according to the records of the General Land Office;


(2) the land is not patentable under the law in effect before January 1, 2002; and


(3) the person claiming title to the land:


(A) holds the land under color of title;


(B) holds the land under a chain of title that originated on or before January 1, 1952;


(C) acquired the land without actual knowledge that title to the land was vested in the State of Texas;


(D) has a deed to the land recorded in the appropriate county; and


(E) has paid all taxes assessed on the land and any interest and penalties associated with any period of tax delinquency.


(b) This section does not apply to:


(1) beach land, submerged or filled land, or islands; or


(2) land that has been determined to be state-owned by judicial decree.


(c) This section may not be used to:


(1) resolve boundary disputes; or


(2) change the mineral reservation in an existing patent.


(Added Nov. 6, 2001; Subsec. (d) expired Jan. 2, 2002.)


Sec. 2C. RELEASE OF STATE CLAIM TO CERTAIN LANDS IN UPSHUR AND SMITH COUNTIES. (a) Except as provided by Subsection (b) of this section, the State of Texas relinquishes and releases any claim of sovereign ownership or title to an interest in and to the tracts of land, including mineral rights, described as follows:


Tract 1:


The first tract of land is situated in Upshur County, Texas, about 14 miles South 30 degrees east from Gilmer, the county seat, and is bounded as follows: Bound on the North by the J. Manning Survey, A-314 the S.W. Beasley Survey A-66 and the David Meredith Survey A-315 and bound on the East by the M. Mann Survey, A-302 and by the M. Chandler Survey, A-84 and bound on the South by the G. W. Hooper Survey, A-657 and by the D. Ferguson Survey, A-158 and bound on the West by the J. R. Wadkins Survey, A-562 and the H. Alsup Survey, A-20, and by the W. Bratton Survey, A-57 and the G. H. Burroughs Survey, A-30 and the M. Tidwell Survey, A-498 of Upshur County, Texas.


Tract 2:


The second tract of land is situated in Smith County, Texas, north of Tyler and is bounded as follows: on the north and west by the S. Leeper A-559, the Frost Thorn Four League Grant A-3, A-9, A-7, A-19, and the H. Jacobs A-504 and on the south and east by the following surveys: John Carver A-247, A. Loverly A-609, J. Gimble A-408, R. Conner A-239, N.J. Blythe A-88, N.J. Blythe A-89, J. Choate A-195, Daniel Minor A-644, William Keys A-527, James H. Thomas A-971, Seaborn Smith A-899, and Samuel Leeper A-559.


(b) This section does not apply to:


(1) any public right-of-way, including a public road right-of-way, or related interest owned by a governmental entity;


(2) any navigable waterway or related interest owned by a governmental entity; or


(3) any land owned by a governmental entity and reserved for public use, including a park, recreation area, wildlife area, scientific area, or historic site.


(c) This section is self-executing.


(Added Nov. 8, 2005.)


Sec. 3. TAXES FOR BENEFIT OF SCHOOLS; PROVISION OF FREE TEXT BOOKS; SCHOOL DISTRICTS. (a) One-fourth of the revenue derived from the State occupation taxes shall be set apart annually for the benefit of the public free schools.


(b) It shall be the duty of the State Board of Education to set aside a sufficient amount of available funds to provide free text books for the use of children attending the public free schools of this State.


(c) Should the taxation herein named be insufficient the deficit may be met by appropriation from the general funds of the State.


(d) The Legislature may provide for the formation of school districts by general laws, and all such school districts may embrace parts of two or more counties.


(e) The Legislature shall be authorized to pass laws for the assessment and collection of taxes in all school districts and for the management and control of the public school or schools of such districts, whether such districts are composed of territory wholly within a county or in parts of two or more counties, and the Legislature may authorize an additional ad valorem tax to be levied and collected within all school districts for the further maintenance of public free schools, and for the erection and equipment of school buildings therein; provided that a majority of the qualified voters of the district voting at an election to be held for that purpose, shall approve the tax.


(Amended Aug. 14, 1883, Nov. 3, 1908, Aug. 3, 1909, Nov. 5, 1918, Nov. 2, 1920, Nov. 2, 1926, and Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 3: See Appendix, Note 1.)


Sec. 3a. (Repealed Aug. 5, 1969.)


Sec. 3-b. INDEPENDENT SCHOOL DISTRICT AND JUNIOR COLLEGE DISTRICT TAXES AND BONDS NOT AFFECTED BY CHANGES IN BOUNDARIES. No tax for the maintenance of public free schools voted in any independent school district and no tax for the maintenance of a junior college voted by a junior college district, nor any bonds voted in any such district, but unissued, shall be abrogated, cancelled or invalidated by change of any kind in the boundaries thereof. After any change in boundaries, the governing body of any such district, without the necessity of an additional election, shall have the power to assess, levy and collect ad valorem taxes on all taxable property within the boundaries of the district as changed, for the purposes of the maintenance of public free schools or the maintenance of a junior college, as the case may be, and the payment of principal of and interest on all bonded indebtedness outstanding against, or attributable, adjusted or allocated to, such district or any territory therein, in the amount, at the rate, or not to exceed the rate, and in the manner authorized in the district prior to the change in its boundaries, and further in accordance with the laws under which all such bonds, respectively, were voted; and such governing body also shall have the power, without the necessity of an additional election, to sell and deliver any unissued bonds voted in the district prior to any such change in boundaries, and to assess, levy and collect ad valorem taxes on all taxable property in the district as changed, for the payment of principal of and interest on such bonds in the manner permitted by the laws under which such bonds were voted. In those instances where the boundaries of any such independent school district are changed by the annexation of, or consolidation with, one or more whole school districts, the taxes to be levied for the purposes hereinabove authorized may be in the amount or at not to exceed the rate theretofore voted in the district having at the time of such change the greatest scholastic population according to the latest scholastic census and only the unissued bonds of such district voted prior to such change, may be subsequently sold and delivered and any voted, but unissued, bonds of other school districts involved in such annexation or consolidation shall not thereafter be issued.


(Added Nov. 6, 1962; amended Nov. 8, 1966.)


Sec. 4. SALE OF PERMANENT SCHOOL FUND LANDS; INVESTMENT OF PROCEEDS. The lands herein set apart to the Permanent School fund, shall be sold under such regulations, at such times, and on such terms as may be prescribed by law; and the Legislature shall not have power to grant any relief to purchasers thereof. The proceeds of such sales must be used to acquire other land for the Permanent School fund as provided by law or the proceeds shall be invested by the comptroller of public accounts, as may be directed by the Board of Education herein provided for, in the bonds of the United States, the State of Texas, or counties in said State, or in such other securities, and under such restrictions as may be prescribed by law; and the State shall be responsible for all investments.


(Amended Aug. 14, 1883, Nov. 5, 1985, Nov. 7, 1995, and Nov. 8, 2011.)


Sec. 4A. (Repealed Nov. 6, 2001.)


(TEMPORARY TRANSITION PROVISION for Sec. 4A: See Appendix, Note 3.)


Sec. 4B. DONATION OF REAL PROPERTY BY INDEPENDENT SCHOOL DISTRICT FOR HISTORICAL PRESERVATION. (a) The legislature by general law may authorize the board of trustees of an independent school district to donate district real property and improvements formerly used as a school campus for the purpose of preserving the improvements.


(b) A law enacted under this section must provide that before the board of trustees may make the donation, the board must determine that:


(1) the improvements have historical significance;


(2) the transfer will further the preservation of the improvements; and


(3) at the time of the transfer, the district does not need the real property or improvements for educational purposes.


(Added Nov. 6, 2001.)


Sec. 5. PERMANENT SCHOOL FUND AND AVAILABLE SCHOOL FUND: COMPOSITION, MANAGEMENT, USE, AND DISTRIBUTION. (a) The permanent school fund consists of all land appropriated for public schools by this constitution or the other laws of this state, other properties belonging to the permanent school fund, and all revenue derived from the land or other properties. The available school fund consists of the distributions made to it from the total return on all investment assets of the permanent school fund, the taxes authorized by this constitution or general law to be part of the available school fund, and appropriations made to the available school fund by the legislature. The total amount distributed from the permanent school fund to the available school fund:


(1) in each year of a state fiscal biennium must be an amount that is not more than six percent of the average of the market value of the permanent school fund, excluding real property belonging to the fund that is managed, sold, or acquired under Section 4 of this article, but including discretionary real assets investments and cash in the state treasury derived from property belonging to the fund, on the last day of each of the 16 state fiscal quarters preceding the regular session of the legislature that begins before that state fiscal biennium, in accordance with the rate adopted by:


(A) a vote of two-thirds of the total membership of the State Board of Education, taken before the regular session of the legislature convenes; or


(B) the legislature by general law or appropriation, if the State Board of Education does not adopt a rate as provided by Paragraph (A) of this subdivision; and


(2) over the 10-year period consisting of the current state fiscal year and the nine preceding state fiscal years may not exceed the total return on all investment assets of the permanent school fund over the same 10-year period.


(b) The expenses of managing permanent school fund land and investments shall be paid by appropriation from the permanent school fund.


(c) The available school fund shall be applied annually to the support of the public free schools. Except as provided by this section, the legislature may not enact a law appropriating any part of the permanent school fund or available school fund to any other purpose. The permanent school fund and the available school fund may not be appropriated to or used for the support of any sectarian school. The available school fund shall be distributed to the several counties according to their scholastic population and applied in the manner provided by law.


(d) The legislature by law may provide for using the permanent school fund to guarantee bonds issued by school districts or by the state for the purpose of making loans to or purchasing the bonds of school districts for the purpose of acquisition, construction, or improvement of instructional facilities including all furnishings thereto. If any payment is required to be made by the permanent school fund as a result of its guarantee of bonds issued by the state, an amount equal to this payment shall be immediately paid by the state from the treasury to the permanent school fund. An amount owed by the state to the permanent school fund under this section shall be a general obligation of the state until paid. The amount of bonds authorized hereunder shall not exceed $750 million or a higher amount authorized by a two-thirds record vote of both houses of the legislature. If the proceeds of bonds issued by the state are used to provide a loan to a school district and the district becomes delinquent on the loan payments, the amount of the delinquent payments shall be offset against state aid to which the district is otherwise entitled.


(e) The legislature may appropriate part of the available school fund for administration of a bond guarantee program established under this section.


(f) Notwithstanding any other provision of this constitution, in managing the assets of the permanent school fund, the State Board of Education may acquire, exchange, sell, supervise, manage, or retain, through procedures and subject to restrictions it establishes and in amounts it considers appropriate, any kind of investment, including investments in the Texas growth fund created by Article XVI, Section 70, of this constitution, that persons of ordinary prudence, discretion, and intelligence, exercising the judgment and care under the circumstances then prevailing, acquire or retain for their own account in the management of their affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital.


(g) Notwithstanding any other provision of this constitution or of a statute, the General Land Office or an entity other than the State Board of Education that has responsibility for the management of permanent school fund land or other properties may in its sole discretion distribute to the available school fund each year revenue derived during that year from the land or properties, not to exceed $300 million each year.


(h) Expired.


(Amended Aug. 11, 1891, and Nov. 3, 1964; Subsec. (a) amended and (b) and (c) added Nov. 8, 1983; Subsec. (d) added Nov. 8, 1988; Subsec. (b) amended Nov. 7, 1989; Subsec. (a) amended, a new (b) added, a portion of (a) redesignated as (c), former (b) and (c) amended, former (b)-(d) redesignated as (d)-(f), and (g) and (h) added Sept. 13, 2003; former Subsec. (g) and Subsec. (h) expired Dec. 1, 2006; Subsec. (a) amended and current Subsec. (g) added Nov. 8, 2011.)


Sec. 6. COUNTY SCHOOL LANDS AND PROCEEDS OF SALES HELD AS SCHOOL TRUST. All lands heretofore, or hereafter granted to the several counties of this State for educational purposes, are of right the property of said counties respectively, to which they were granted, and title thereto is vested in said counties, and no adverse possession or limitation shall ever be available against the title of any county. Each county may sell or dispose of its lands in whole or in part, in manner to be provided by the Commissioners Court of the county. Said lands, and the proceeds thereof, when sold, shall be held by said counties alone as a trust for the benefit of public schools therein; said proceeds to be invested in bonds of the United States, the State of Texas, or counties in said State, or in such other securities, and under such restrictions as may be prescribed by law; and the counties shall be responsible for all investments; the interest thereon, and other revenue, except the principal shall be available fund.


(Amended Aug. 14, 1883, and Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 6: See Appendix, Note 3.)


Sec. 6a. COUNTY AGRICULTURAL OR GRAZING SCHOOL LAND SUBJECT TO TAX. All agriculture or grazing school land mentioned in Section 6 of this article owned by any county shall be subject to taxation except for State purposes to the same extent as lands privately owned.


(Added Nov. 2, 1926.)


Sec. 6b. COUNTY PERMANENT SCHOOL FUND: REDUCTION AND DISTRIBUTION. Notwithstanding the provisions of Section 6, Article VII, Constitution of the State of Texas, any county, acting through the commissioners court, may reduce the county permanent school fund of that county and may distribute the amount of the reduction to the independent and common school districts of the county on a per scholastic basis to be used solely for the purpose of reducing bonded indebtedness of those districts or for making permanent improvements. The commissioners court shall, however, retain a sufficient amount of the corpus of the county permanent school fund to pay ad valorem taxes on school lands or royalty interests owned at the time of the distribution. Nothing in this Section affects financial aid to any school district by the state.


(Added Nov. 7, 1972.)


Sec. 7. (Repealed Aug. 5, 1969.)


Sec. 8. STATE BOARD OF EDUCATION. The Legislature shall provide by law for a State Board of Education, whose members shall be appointed or elected in such manner and by such authority and shall serve for such terms as the Legislature shall prescribe not to exceed six years. The said board shall perform such duties as may be prescribed by law.


(Amended Nov. 6, 1928.)


Sec. 9. (Repealed Nov. 6, 2001.)


(TEMPORARY TRANSITION PROVISION for Sec. 9: See Appendix, Note 3.)


Sec. 9-a. (Added Nov. 6, 2001; expired Jan. 1, 2005.)


Sec. 10. ESTABLISHMENT OF UNIVERSITY OF TEXAS; AGRICULTURAL AND MECHANICAL DEPARTMENT. The legislature shall as soon as practicable establish, organize and provide for the maintenance, support and direction of a University of the first class, to be located by a vote of the people of this State, and styled, "The University of Texas," for the promotion of literature, and the arts and sciences, including an Agricultural, and Mechanical department.


Sec. 11. ESTABLISHMENT OF PERMANENT UNIVERSITY FUND; INVESTMENT IN GOVERNMENT BONDS. In order to enable the Legislature to perform the duties set forth in the foregoing Section, it is hereby declared all lands and other property heretofore set apart and appropriated for the establishment and maintenance of the University of Texas, together with all the proceeds of sales of the same, heretofore made or hereafter to be made, and all grants, donations and appropriations that may hereafter be made by the State of Texas, or from any other source, except donations limited to specific purposes, shall constitute and become a Permanent University Fund. And the same as realized and received into the Treasury of the State (together with such sums belonging to the Fund, as may now be in the Treasury), shall be invested in bonds of the United States, the State of Texas, or counties of said State, or in School Bonds or municipalities, or in bonds of any city of this State, or in bonds issued under and by virtue of the Federal Farm Loan Act approved by the President of the United States, July 17, 1916, and amendments thereto; and the interest accruing thereon shall be subject to appropriation by the Legislature to accomplish the purpose declared in the foregoing Section; provided, that the one-tenth of the alternate Section of the lands granted to railroads, reserved by the State, which were set apart and appropriated to the establishment of the University of Texas, by an Act of the Legislature of February 11, 1858, entitled, "An Act to establish the University of Texas," shall not be included in, or constitute a part of, the Permanent University Fund.


(Amended Nov. 4, 1930, and Nov. 8, 1932.)


Sec. 11a. INVESTMENT OF PERMANENT UNIVERSITY FUND. In addition to the bonds enumerated in Section 11 of Article VII of the Constitution of the State of Texas, the Board of Regents of The University of Texas may invest the Permanent University Fund in securities, bonds or other obligations issued, insured, or guaranteed in any manner by the United States Government, or any of its agencies, and in such bonds, debentures, or obligations, and preferred and common stocks issued by corporations, associations, or other institutions as the Board of Regents of The University of Texas System may deem to be proper investments for said funds; provided, however, that not more than one per cent (1%) of said fund shall be invested in the securities of any one (1) corporation, nor shall more than five per cent (5%) of the voting stock of any one (1) corporation be owned: provided, further, that stocks eligible for purchase shall be restricted to stocks of companies incorporated within the United States which have paid dividends for five (5) consecutive years or longer immediately prior to the date of purchase and which, except for bank stocks and insurance stocks, are listed upon an exchange registered with the Securities and Exchange Commission or its successors.


In making each and all of such investments said Board of Regents shall exercise the judgment and care under the circumstances then prevailing which men of ordinary prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income therefrom as well as the probable safety of their capital.


The interest, dividends and other income accruing from the investments of the Permanent University Fund, except the portion thereof which is appropriated by the operation of Section 18 of Article VII for the payment of principal and interest on bonds or notes issued thereunder, shall be subject to appropriation by the Legislature to accomplish the purposes declared in Section 10 of Article VII of this Constitution.


This amendment shall be self-enacting, and shall become effective upon its adoption, provided, however, that the Legislature shall provide by law for full disclosure of all details concerning the investments in corporate stocks and bonds and other investments authorized herein.


(Added Nov. 6, 1956; amended Nov. 5, 1968.)


Sec. 11b. EXPANDED INVESTMENT AUTHORITY FOR PERMANENT UNIVERSITY FUND. Notwithstanding any other provision of this constitution, in managing the assets of the permanent university fund, the Board of Regents of The University of Texas System may acquire, exchange, sell, supervise, manage, or retain, through procedures and subject to restrictions it establishes and in amounts it considers appropriate, any kind of investment, including investments in the Texas growth fund created by Article XVI, Section 70, of this constitution, that prudent investors, exercising reasonable care, skill, and caution, would acquire or retain in light of the purposes, terms, distribution requirements, and other circumstances of the fund then prevailing, taking into consideration the investment of all the assets of the fund rather than a single investment.


(Added Nov. 8, 1988; amended Nov. 7, 1995, and Nov. 2, 1999.)


Sec. 12. SALE OF PERMANENT UNIVERSITY FUND LANDS. The land herein set apart to the University fund shall be sold under such regulations, at such times, and on such terms as may be provided by law; and the Legislature shall provide for the prompt collection, at maturity, of all debts due on account of University lands, heretofore sold, or that may hereafter be sold, and shall in neither event have the power to grant relief to the purchasers.


Sec. 13. AGRICULTURAL AND MECHANICAL COLLEGE. The Agricultural and Mechanical College of Texas, established by an Act of the Legislature passed April 17th, 1871, located in the county of Brazos, is hereby made, and constituted a Branch of the University of Texas, for instruction in Agriculture, the Mechanic Arts, and the Natural Sciences connected therewith. And the Legislature shall at its next session, make an appropriation, not to exceed forty thousand dollars, for the construction and completion of the buildings and improvements, and for providing the furniture necessary to put said College in immediate and successful operation.


Sec. 14. PRAIRIE VIEW A&M UNIVERSITY. Prairie View A&M University in Waller County is an institution of the first class under the direction of the same governing board as Texas A&M University referred to in Article VII, Section 13, of this constitution as the Agricultural and Mechanical College of Texas.


(Amended Nov. 6, 1984.)


Sec. 15. GRANT OF ADDITIONAL LANDS TO UNIVERSITY OF TEXAS. In addition to the lands heretofore granted to the University of Texas, there is hereby set apart, and appropriated, for the endowment maintenance, and support of said University and its branches, one million acres of the unappropriated public domain of the State, to be designated, and surveyed as may be provided by law; and said lands shall be sold under the same regulations, and the proceeds invested in the same manner, as is provided for the sale and investment of the permanent University fund; and the Legislature shall not have power to grant any relief to the purchasers of said lands.


Sec. 16. COUNTY TAXATION OF CERTAIN UNIVERSITY OF TEXAS LANDS. All land mentioned in Sections 11, 12, and 15 of Article VII, of the Constitution of the State of Texas, now belonging to the University of Texas shall be subject to the taxation for county purposes to the same extent as lands privately owned; provided they shall be rendered for taxation upon values fixed by the State Tax Board; and providing that the State shall remit annually to each of the counties in which said lands are located an amount equal to the tax imposed upon said land for county purposes.


(Added Nov. 4, 1930.)


Sec. 16-a. TERMS OF OFFICE OF EDUCATIONAL OFFICERS. The Legislature shall fix by law the terms of all offices of the public school system and of the State institutions of higher education, inclusive, and the terms of members of the respective boards, not to exceed six years.


(Added Nov. 6, 1928; amended Nov. 4, 1997.)


Sec. 17. FUNDING TO SUPPORT AGENCIES AND INSTITUTIONS OF HIGHER EDUCATION NOT SUPPORTED BY AVAILABLE UNIVERSITY FUND. (a) In the fiscal year beginning September 1, 1985, and each fiscal year thereafter, there is hereby appropriated out of the first money coming into the state treasury not otherwise appropriated by the constitution $100 million to be used by eligible agencies and institutions of higher education for the purpose of acquiring land either with or without permanent improvements, constructing and equipping buildings or other permanent improvements, major repair or rehabilitation of buildings or other permanent improvements, acquisition of capital equipment, library books and library materials, and paying for acquiring, constructing, or equipping or for major repair or rehabilitation of buildings, facilities, other permanent improvements, or capital equipment used jointly for educational and general activities and for auxiliary enterprises to the extent of their use for educational and general activities. For the five-year period that begins on September 1, 2000, and for each five-year period that begins after that period, the legislature, during a regular session that is nearest, but preceding, a five-year period, may by two-thirds vote of the membership of each house increase the amount of the constitutional appropriation for the five-year period but may not adjust the appropriation in such a way as to impair any obligation created by the issuance of bonds or notes in accordance with this section.


(b) The funds appropriated under Subsection (a) of this section shall be for the use of the following eligible agencies and institutions of higher education (even though their names may be changed):


(1) East Texas State University including East Texas State University at Texarkana;


(2) Lamar University including Lamar University at Orange and Lamar University at Port Arthur;


(3) Midwestern State University;


(4) University of North Texas;


(5) The University of Texas-Pan American including The University of Texas at Brownsville;


(6) Stephen F. Austin State University;


(7) Texas College of Osteopathic Medicine;


(8) Texas State University System Administration and the following component institutions:


(9) Sam Houston State University;


(10) Southwest Texas State University;


(11) Sul Ross State University including Uvalde Study Center;


(12) Texas Southern University;


(13) Texas Tech University;


(14) Texas Tech University Health Sciences Center;


(15) Angelo State University;


(16) Texas Woman's University;


(17) University of Houston System Administration and the following component institutions:


(18) University of Houston;


(19) University of Houston-Victoria;


(20) University of Houston-Clear Lake;


(21) University of Houston-Downtown;


(22) Texas A&M University-Corpus Christi;


(23) Texas A&M International University;


(24) Texas A&M University-Kingsville;


(25) West Texas A&M University; and


(26) Texas State Technical College System and its campuses, but not its extension centers or programs.


(c) Pursuant to a two-thirds vote of the membership of each house of the legislature, institutions of higher education may be created at a later date by general law, and, when created, such an institution shall be entitled to participate in the funding provided by this section if it is not created as a part of The University of Texas System or The Texas A&M University System. An institution that is entitled to participate in dedicated funding provided by Article VII, Section 18, of this constitution may not be entitled to participate in the funding provided by this section.


(d) In the year 1985 and every 10 years thereafter, the legislature or an agency designated by the legislature no later than August 31 of such year shall allocate by equitable formula the annual appropriations made under Subsection (a) of this section to the governing boards of eligible agencies and institutions of higher education. The legislature shall review, or provide for a review, of the allocation formula at the end of the fifth year of each 10-year allocation period. At that time adjustments may be made in the allocation formula, but no adjustment that will prevent the payment of outstanding bonds and notes, both principal and interest, may be made.


(d-1) Notwithstanding Subsection (d) of this section, the allocation of the annual appropriation to Texas State Technical College System and its campuses may not exceed 2.2 percent of the total appropriation each fiscal year.


(e) Each governing board authorized to participate in the distribution of money under this section is authorized to expend all money distributed to it for any of the purposes enumerated in Subsection (a). In addition, such governing board may issue bonds and notes for the purposes of refunding bonds or notes issued under this section or prior law, acquiring land either with or without permanent improvements, constructing and equipping buildings or other permanent improvements, acquiring capital equipment, library books, and library materials, paying for acquiring, constructing, or equipping or for major repair or rehabilitation of buildings, facilities, other permanent improvements, or capital equipment used jointly for educational and general activities and for auxiliary enterprises to the extent of their use for educational and general activities, and for major repair and rehabilitation of buildings or other permanent improvements, and may pledge up to 50 percent of the money allocated to such governing board pursuant to this section to secure the payment of the principal and interest of such bonds or notes. Proceeds from the issuance of bonds or notes under this subsection shall be maintained in a local depository selected by the governing board issuing the bonds or notes. The bonds and notes issued under this subsection shall be payable solely out of the money appropriated by this section and shall mature serially or otherwise in not more than 10 years from their respective dates. All bonds issued under this section shall be sold only through competitive bidding and are subject to approval by the attorney general. Bonds approved by the attorney general shall be incontestable. The permanent university fund may be invested in the bonds and notes issued under this section.


(f) The funds appropriated by this section may not be used for the purpose of constructing, equipping, repairing, or rehabilitating buildings or other permanent improvements that are to be used only for student housing, intercollegiate athletics, or auxiliary enterprises.


(g) The comptroller of public accounts shall make annual transfers of the funds allocated pursuant to Subsection (d) directly to the governing boards of the eligible institutions.


(h) To assure efficient use of construction funds and the orderly development of physical plants to accommodate the state's real need, the legislature may provide for the approval or disapproval of all new construction projects at the eligible agencies and institutions entitled to participate in the funding provided by this section.


(i) (Repealed.)


(j) The state systems and institutions of higher education designated in this section may not receive any additional funds from the general revenue of the state for acquiring land with or without permanent improvements, for constructing or equipping buildings or other permanent improvements, or for major repair and rehabilitation of buildings or other permanent improvements except that:


(1) in the case of fire or natural disaster the legislature may appropriate from the general revenue an amount sufficient to replace the uninsured loss of any building or other permanent improvement; and


(2) the legislature, by two-thirds vote of each house, may, in cases of demonstrated need, which need must be clearly expressed in the body of the act, appropriate additional general revenue funds for acquiring land with or without permanent improvements, for constructing or equipping buildings or other permanent improvements, or for major repair and rehabilitation of buildings or other permanent improvements.


This subsection does not apply to legislative appropriations made prior to the adoption of this amendment.


(k) Without the prior approval of the legislature, appropriations under this section may not be expended for acquiring land with or without permanent improvements, or for constructing and equipping buildings or other permanent improvements, for a branch campus or educational center that is not a separate degree-granting institution created by general law.


(l) This section is self-enacting upon the issuance of the governor's proclamation declaring the adoption of the amendment, and the state comptroller of public accounts shall do all things necessary to effectuate this section. This section does not impair any obligation created by the issuance of any bonds and notes in accordance with prior law, and all outstanding bonds and notes shall be paid in full, both principal and interest, in accordance with their terms. If the provisions of this section conflict with any other provisions of this constitution, then the provisions of this section shall prevail, notwithstanding all such conflicting provisions.


(Added Nov. 6, 1984; Subsecs. (a), (b), (e), (f), and (g) amended and (d-1) added Nov. 2, 1993; Subsec. (l) amended Nov. 7, 1995; Subsec. (b) amended Nov. 6, 2007; Subsec. (i) repealed Nov. 3, 2009.)


Sec. 18. FUNDING TO SUPPORT TEXAS A&M UNIVERSITY SYSTEM AND UNIVERSITY OF TEXAS SYSTEM; AVAILABLE UNIVERSITY FUND. (a) The Board of Regents of The Texas A&M University System may issue bonds and notes not to exceed a total amount of 10 percent of the cost value of the investments and other assets of the permanent university fund (exclusive of real estate) at the time of the issuance thereof, and may pledge all or any part of its one-third interest in the available university fund to secure the payment of the principal and interest of those bonds and notes, for the purpose of acquiring land either with or without permanent improvements, constructing and equipping buildings or other permanent improvements, major repair and rehabilitation of buildings and other permanent improvements, acquiring capital equipment and library books and library materials, and refunding bonds or notes issued under this Section or prior law, at or for The Texas A&M University System administration and the following component institutions of the system:


(1) Texas A&M University, including its medical college which the legislature may authorize as a separate medical institution;


(2) Prairie View A&M University, including its nursing school in Houston;


(3) Tarleton State University;


(4) Texas A&M University at Galveston;


(5) Texas Forest Service;


(6) Texas Agricultural Experiment Stations;


(7) Texas Agricultural Extension Service;


(8) Texas Engineering Experiment Stations;


(9) Texas Transportation Institute; and


(10) Texas Engineering Extension Service.


(b) The Board of Regents of The University of Texas System may issue bonds and notes not to exceed a total amount of 20 percent of the cost value of investments and other assets of the permanent university fund (exclusive of real estate) at the time of issuance thereof, and may pledge all or any part of its two-thirds interest in the available university fund to secure the payment of the principal and interest of those bonds and notes, for the purpose of acquiring land either with or without permanent improvements, constructing and equipping buildings or other permanent improvements, major repair and rehabilitation of buildings and other permanent improvements, acquiring capital equipment and library books and library materials, and refunding bonds or notes issued under this section or prior law, at or for The University of Texas System administration and the following component institutions of the system:


(1) The University of Texas at Arlington;


(2) The University of Texas at Austin;


(3) The University of Texas at Dallas;


(4) The University of Texas at El Paso;


(5) The University of Texas of the Permian Basin;


(6) The University of Texas at San Antonio;


(7) The University of Texas at Tyler;


(8) The University of Texas Health Science Center at Dallas;


(9) The University of Texas Medical Branch at Galveston;


(10) The University of Texas Health Science Center at Houston;


(11) The University of Texas Health Science Center at San Antonio;


(12) The University of Texas System Cancer Center;


(13) The University of Texas Health Center at Tyler; and


(14) The University of Texas Institute of Texan Cultures at San Antonio.


(c) Pursuant to a two-thirds vote of the membership of each house of the legislature, institutions of higher education may be created at a later date as a part of The University of Texas System or The Texas A&M University System by general law, and, when created, such an institution shall be entitled to participate in the funding provided by this section for the system in which it is created. An institution that is entitled to participate in dedicated funding provided by Article VII, Section 17, of this constitution may not be entitled to participate in the funding provided by this section.


(d) The proceeds of the bonds or notes issued under Subsection (a) or (b) of this section may not be used for the purpose of constructing, equipping, repairing, or rehabilitating buildings or other permanent improvements that are to be used for student housing, intercollegiate athletics, or auxiliary enterprises.


(e) The available university fund consists of the distributions made to it from the total return on all investment assets of the permanent university fund, including the net income attributable to the surface of permanent university fund land. The amount of any distributions to the available university fund shall be determined by the board of regents of The University of Texas System in a manner intended to provide the available university fund with a stable and predictable stream of annual distributions and to maintain over time the purchasing power of permanent university fund investments and annual distributions to the available university fund. The amount distributed to the available university fund in a fiscal year must be not less than the amount needed to pay the principal and interest due and owing in that fiscal year on bonds and notes issued under this section. If the purchasing power of permanent university fund investments for any rolling 10-year period is not preserved, the board may not increase annual distributions to the available university fund until the purchasing power of the permanent university fund investments is restored, except as necessary to pay the principal and interest due and owing on bonds and notes issued under this section. An annual distribution made by the board to the available university fund during any fiscal year may not exceed an amount equal to seven percent of the average net fair market value of permanent university fund investment assets as determined by the board, except as necessary to pay any principal and interest due and owing on bonds issued under this section. The expenses of managing permanent university fund land and investments shall be paid by the permanent university fund.


(f) Out of one-third of the annual distribution from the permanent university fund to the available university fund, there shall be appropriated an annual sum sufficient to pay the principal and interest due on the bonds and notes issued by the Board of Regents of The Texas A&M University System under this section and prior law, and the remainder of that one-third of the annual distribution to the available university fund shall be appropriated to the Board of Regents of The Texas A&M University System which shall have the authority and duty in turn to appropriate an equitable portion of the same for the support and maintenance of The Texas A&M University System administration, Texas A&M University, and Prairie View A&M University. The Board of Regents of The Texas A&M University System, in making just and equitable appropriations to Texas A&M University and Prairie View A&M University, shall exercise its discretion with due regard to such criteria as the board may deem appropriate from year to year. Out of the other two-thirds of the annual distribution from the permanent university fund to the available university fund there shall be appropriated an annual sum sufficient to pay the principal and interest due on the bonds and notes issued by the Board of Regents of The University of Texas System under this section and prior law, and the remainder of such two-thirds of the annual distribution to the available university fund, shall be appropriated for the support and maintenance of The University of Texas at Austin and The University of Texas System administration.


(g) The bonds and notes issued under this section shall be payable solely out of the available university fund, mature serially or otherwise in not more than 30 years from their respective dates, and, except for refunding bonds, be sold only through competitive bidding. All of these bonds and notes are subject to approval by the attorney general and when so approved are incontestable. The permanent university fund may be invested in these bonds and notes.


(h) To assure efficient use of construction funds and the orderly development of physical plants to accommodate the state's real need, the legislature may provide for the approval or disapproval of all new construction projects at the eligible agencies and institutions entitled to participate in the funding provided by this section except The University of Texas at Austin, Texas A&M University in College Station, and Prairie View A&M University.


(i) The state systems and institutions of higher education designated in this section may not receive any funds from the general revenue of the state for acquiring land with or without permanent improvements, for constructing or equipping buildings or other permanent improvements, or for major repair and rehabilitation of buildings or other permanent improvements except that:


(1) in the case of fire or natural disaster the legislature may appropriate from the general revenue an amount sufficient to replace the uninsured loss of any building or other permanent improvement; and


(2) the legislature, by two-thirds vote of each house, may, in cases of demonstrated need, which need must be clearly expressed in the body of the act, appropriate general revenue funds for acquiring land with or without permanent improvements, for constructing or equipping buildings or other permanent improvements, or for major repair and rehabilitation of buildings or other permanent improvements.


This subsection does not apply to legislative appropriations made prior to the adoption of this amendment.


(j) This section is self-enacting on the issuance of the governor's proclamation declaring the adoption of this amendment, and the state comptroller of public accounts shall do all things necessary to effectuate this section. This section does not impair any obligation created by the issuance of bonds or notes in accordance with prior law, and all outstanding bonds and notes shall be paid in full, both principal and interest, in accordance with their terms, and the changes herein made in the allocation of the available university fund shall not affect the pledges thereof made in connection with such bonds or notes heretofore issued. If the provisions of this section conflict with any other provision of this constitution, then the provisions of this section shall prevail, notwithstanding any such conflicting provisions.


(Added Aug. 23, 1947; amended Nov. 6, 1956, Nov. 8, 1966, and Nov. 6, 1984; former Subsec. (f) expired Nov. 6, 1994; Subsec. (j) amended Nov. 7, 1995; Subsec. (e) amended and current Subsec. (f) added Nov. 2, 1999.) (TEMPORARY PROVISION for Sec. 18: See Appendix, Note 2.)


Sec. 19. TEXAS TOMORROW FUND. (a) The Texas tomorrow fund is created as a trust fund dedicated to the prepayment of tuition and fees for higher education as provided by the general laws of this state for the prepaid higher education tuition program. The assets of the fund are held in trust for the benefit of participants and beneficiaries and may not be diverted. The state shall hold the assets of the fund for the exclusive purposes of providing benefits to participants and beneficiaries and defraying reasonable expenses of administering the program.


(b) Financing of benefits must be based on sound actuarial principles. The amount contributed by a person participating in the prepaid higher education program shall be as provided by the general laws of this state, but may not be less than the amount anticipated for tuition and required fees based on sound actuarial principles. If in any fiscal year there is not enough money in the Texas tomorrow fund to pay the tuition and required fees of an institution of higher education in which a beneficiary enrolls or the appropriate portion of the tuition and required fees of a private or independent institution of higher education in which a beneficiary enrolls as provided by a prepaid tuition contract, there is appropriated out of the first money coming into the state treasury in each fiscal year not otherwise appropriated by the constitution the amount that is sufficient to pay the applicable amount of tuition and required fees of the institution.


(c) Assets of the fund may be invested by an entity designated by general law in securities considered prudent investments. Investments shall be made in the exercise of judgment and care under the circumstances that a person of ordinary prudence, discretion, and intelligence exercises in the management of the person's affairs, not for speculation, but for the permanent disposition of funds, considering the probable income from the disposition as well as the probable safety of capital.


(d) The state comptroller of public accounts shall take the actions necessary to implement this section.


(e) To the extent this section conflicts with any other provision of this constitution, this section controls.


(Added Nov. 4, 1997.)


Sec. 20. NATIONAL RESEARCH UNIVERSITY FUND. (a) There is established the national research university fund for the purpose of providing a dedicated, independent, and equitable source of funding to enable emerging research universities in this state to achieve national prominence as major research universities.


(b) The fund consists of money transferred or deposited to the credit of the fund and any interest or other return on the investment assets of the fund. The legislature may dedicate state revenue to the credit of the fund.


(c) The legislature shall provide for administration of the fund, which shall be invested in the manner and according to the standards provided for investment of the permanent university fund. The expenses of managing the investments of the fund shall be paid from the fund.


(d) In each state fiscal biennium, the legislature may appropriate as provided by Subsection (f) of this section all or a portion of the total return on all investment assets of the fund to carry out the purposes for which the fund is established.


(e) The legislature biennially shall allocate the amounts appropriated under this section, or shall provide for a biennial allocation of those amounts, to eligible state universities to carry out the purposes of the fund. The money shall be allocated based on an equitable formula established by the legislature or an agency designated by the legislature. The legislature shall review and as appropriate adjust, or provide for a review and adjustment, of the allocation formula at the end of each state fiscal biennium.


(f) The portion of the total return on investment assets of the fund that is available for appropriation in a state fiscal biennium under this section is the portion determined by the legislature, or an agency designated by the legislature, as necessary to provide as nearly as practicable a stable and predictable stream of annual distributions to eligible state universities and to maintain over time the purchasing power of fund investment assets. If the purchasing power of fund investment assets for any rolling 10-year period is not preserved, the distributions may not be increased until the purchasing power of the fund investment assets is restored. The amount appropriated from the fund in any fiscal year may not exceed an amount equal to seven percent of the average net fair market value of the investment assets of the fund, as determined by law. Until the fund has been invested for a period of time sufficient to determine the purchasing power over a 10-year period, the legislature may provide by law for means of preserving the purchasing power of the fund.


(g) The legislature shall establish criteria by which a state university may become eligible to receive a portion of the distributions from the fund. A state university that becomes eligible to receive a portion of the distributions from the fund in a state fiscal biennium remains eligible to receive additional distributions from the fund in any subsequent state fiscal biennium. The University of Texas at Austin and Texas A&M University are not eligible to receive money from the fund.


(h) An eligible state university may use distributions from the fund only for the support and maintenance of educational and general activities that promote increased research capacity at the university.


(Added Nov. 3, 2009.)

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THE TEXAS CONSTITUTION ARTICLE 7. EDUCATION

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THE TEXAS CONSTITUTION ARTICLE 7. EDUCATION Sec. 1. SUPPORT AND MAINTENANCE OF SYSTEM OF PUBLIC FREE SCHOOLS. A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.

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Slide 8 - ARD Committee Required Members

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Slide 8 - ARD Committee Required Members

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20 U.S.C. § 1414(d)(1)(B)(i)

Statutory Law

This code states that a parent must be part of the IEP team. The code goes on to say the team must consist of at least one of the child’s regular education teachers, one special education teacher, an administrator, and someone who can interpret the tests given to the child. The code also states that the child and other people who have special knowledge of the child may also be in attendance.

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Slide 9 - Required ARD Committee Members

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Slide 9 - Required ARD Committee Members

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Tex. Educ. Code § 89.1050

Administrative Law

This law discusses the Admission, Review, and Dismissal Committee (ARD) Committee. It states that the school district is responsible for all of the functions that the IEP team is responsible for under federal law and lists those laws. It states that the school districts must take steps to ensure that one or both parents are present at each ARD committee meeting or are offered the opportunity to participate. The code outlines the notification timeframes for parents. It also articulates what is to happen if the committee members are not in agreement.

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(a) Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: (1) 34 CFR, §§300.320-300.325, and Texas Education Code (TEC), §29.005 (individualized education programs); (2) 34 CFR, §§300.145-300.147 (relating to placement of eligible students in private schools by a school district); (3) 34 CFR, §§300.132, 300.138, and 300.139 (relating to the development and implementation of service plans for eligible students placed by parents in private school who have been designated to receive special education and related services); (4) 34 CFR, §300.530 and §300.531, and TEC, §37.004 (disciplinary placement of students with disabilities); (5) 34 CFR, §§300.302-300.306 (relating to evaluations, re-evaluations, and determination of eligibility); (6) 34 CFR, §§300.114-300.117 (relating to least restrictive environment); (7) TEC, §28.006 (Reading Diagnosis); (8) TEC, §28.0211 (Satisfactory Performance on Assessment Instruments Required; Accelerated Instruction); (9) TEC, §28.0212 (Junior High or Middle School Personal Graduation Plan); (10) TEC, §28.0213 (Intensive Program of Instruction); (11) TEC, Chapter 29, Subchapter I (Programs for Students Who Are Deaf or Hard of Hearing); (12) TEC, §30.002 (Education for Children with Visual Impairments); (13) TEC, §30.003 (Support of Students Enrolled in the Texas School for the Blind and Visually Impaired or Texas School for the Deaf); (14) TEC, §33.081 (Extracurricular Activities); (15) TEC, Chapter 39, Subchapter B (Assessment of Academic Skills); and (16) TEC, §42.151 (Special Education). (b) For a student from birth through two years of age with visual and/or auditory impairments, an individualized family services plan (IFSP) meeting must be held in place of an ARD committee meeting in accordance with 34 CFR, §§300.320-300.324, and the memorandum of understanding between the Texas Education Agency and the Department of Assistive and Rehabilitative Services. For students three years of age and older, school districts must develop an IEP. (c) ARD committee membership. (1) ARD committees must include the following: (A) the parents of the student; (B) not less than one regular education teacher of the student (if the student is, or may be, participating in the regular education environment) who must, to the extent practicable, be a teacher who is responsible for implementing a portion of the student's IEP; (C) not less than one special education teacher of the student, or where appropriate, not less than one special education provider of the student; (D) a representative of the school district who: (i) is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of students with disabilities; (ii) is knowledgeable about the general education curriculum; and (iii) is knowledgeable about the availability of resources of the school district; (E) an individual who can interpret the instructional implications of evaluation results, who may be a member of the committee described in subparagraphs (B)-(D) and (F) of this paragraph; (F) at the discretion of the parent or the school district, other individuals who have knowledge or special expertise regarding the student, including related services personnel, as appropriate; (G) whenever appropriate, the student with a disability; (H) to the extent appropriate, with the consent of the parents or a student who has reached the age of majority, a representative of any participating agency that is likely to be responsible for providing or paying for transition services; (I) a representative from career and technical education (CTE), preferably the teacher, when considering initial or continued placement of a student in CTE; and (J) a professional staff member who is on the language proficiency assessment committee who may be a member of the committee described in subparagraphs (B) and (C) of this paragraph, if the student is identified as an English language learner. (2) The special education teacher or special education provider that participates in the ARD committee meeting must be appropriately certified or licensed as required by 34 CFR, §300.18 and §300.156. (3) If the student is: (A) a student with a suspected or documented visual impairment, the ARD committee must include a teacher who is certified in the education of students with visual impairments; (B) a student with a suspected or documented auditory impairment, the ARD committee must include a teacher who is certified in the education of students with auditory impairments; or (C) a student with suspected or documented deaf-blindness, the ARD committee must include a teacher who is certified in the education of students with visual impairments and a teacher who is certified in the education of students with auditory impairments. (4) An ARD committee member is not required to attend an ARD committee meeting if the conditions of either 34 CFR, §300.321(e)(1), regarding attendance, or 34 CFR, §300.321(e)(2), regarding excusal, have been met. (d) The school district must take steps to ensure that one or both parents are present at each ARD committee meeting or are afforded the opportunity to participate, including notifying the parents of the meeting early enough to ensure that they will have an opportunity to attend and scheduling the meeting at a mutually agreed upon time and place. Additionally, a school district must allow parents who cannot attend an ARD committee meeting to participate in the meeting through other methods such as through telephone calls or video conferencing. The school district must provide the parents with written notice of the ARD committee meeting that meets the requirements in 34 CFR, §300.322, at least five school days before the meeting unless the parents agree to a shorter timeframe. (e) Upon receipt of a written request for an ARD committee meeting from a parent, the school district must: (1) schedule and convene a meeting in accordance with the procedures in subsection (d) of this section; or (2) within five school days, provide the parent with written notice explaining why the district refuses to convene a meeting. (f) If the parent is unable to speak English, the school district must provide the parent with a written notice required under subsection (d) or (e)(2) of this section in the parent's native language, unless it is clearly not feasible to do so. If the parent's native language is not a written language, the school district must take steps to ensure that the notice is translated orally or by other means to the parent in his or her native language or other mode of communication so that the parent understands the content of the notice. (g) All members of the ARD committee must have the opportunity to participate in a collaborative manner in developing the IEP. A decision of the ARD committee concerning required elements of the IEP must be made by mutual agreement if possible. The ARD committee may agree to an annual IEP or an IEP of shorter duration. (1) When mutual agreement about all required elements of the IEP is not achieved, the parent who disagrees must be offered a single opportunity to recess and reconvene the ARD committee meeting. The period of time for reconvening the ARD committee meeting must not exceed ten school days, unless the parties mutually agree otherwise. The ARD committee must schedule the reconvened meeting at a mutually agreed upon time and place. The opportunity to recess and reconvene is not required when the student's presence on the campus presents a danger of physical harm to the student or others or when the student has committed an expellable offense or an offense that may lead to a placement in a disciplinary alternative education program. The requirements of this subsection do not prohibit the ARD committee from recessing an ARD committee meeting for reasons other than the failure to reach mutual agreement about all required elements of an IEP. (2) During the recess, the ARD committee members must consider alternatives, gather additional data, prepare further documentation, and/or obtain additional resource persons who may assist in enabling the ARD committee to reach mutual agreement. (3) If a recess is implemented as provided in paragraph (1) of this subsection and the ARD committee still cannot reach mutual agreement, the school district must implement the IEP that it has determined to be appropriate for the student. (4) Each member of the ARD committee who disagrees with the IEP developed by the ARD committee is entitled to include a statement of disagreement in the IEP. (h) Whenever a school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education to the student, the school district must provide prior written notice as required in 34 CFR, §300.503, including providing the notice in the parent's native language or other mode of communication. This notice must be provided to the parent at least five school days before the school district proposes or refuses the action unless the parent agrees to a shorter timeframe. (i) If the student's parent is unable to speak English and the parent's native language is Spanish, the school district must provide a written copy or audio recording of the student's IEP translated into Spanish. If the student's parent is unable to speak English and the parent's native language is a language other than Spanish, the school district must make a good faith effort to provide a written copy or audio recording of the student's IEP translated into the parent's native language. (1) For purposes of this subsection, a written copy of the student's IEP translated into Spanish or the parent's native language means that all of the text in the student's IEP in English is accurately translated into the target language in written form. The IEP translated into the target language must be a comparable rendition of the IEP in English and not a partial translation or summary of the IEP in English. (2) For purposes of this subsection, an audio recording of the student's IEP translated into Spanish or the parent's native language means that all of the content in the student's IEP in English is orally translated into the target language and recorded with an audio device. A school district is not prohibited from providing the parent with an audio recording of an ARD committee meeting at which the parent was assisted by an interpreter as long as the audio recording provided to the parent contains an oral translation into the target language of all of the content in the student's IEP in English. (3) If a parent's native language is not a written language, the school district must take steps to ensure that the student's IEP is translated orally or by other means to the parent in his or her native language or other mode of communication. (4) Under 34 CFR, §300.322(f), a school district must give a parent a written copy of the student's IEP at no cost to the parent. A school district meets this requirement by providing a parent with a written copy of the student's IEP in English or by providing a parent with a written translation of the student's IEP in the parent's native language in accordance with paragraph (1) of this subsection. (j) A school district must comply with the following for a student who is newly enrolled in the school district. (1) When a student transfers to a new school district within the state in the same school year and the parents verify that the student was receiving special education services in the previous school district or the previous school district verifies in writing or by telephone that the student was receiving special education services, the new school district must meet the requirements of 34 CFR, §300.323(e), regarding the provision of special education services. The timeline for completing the requirements outlined in 34 CFR, §300.323(e)(1) or (2), is 30 school days from the date the student is verified as being a student eligible for special education services. Cont'd...

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(a) Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation).

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The Loraine School Board has a local policy regarding the ARD committee and Individual Education Programs. They follow state and federal laws almost verbatim. A reader interested in ARD policies in Loraine can find information on who must be on the ARD committee and the responsibilities of the committee.

Loraine Independent School District. (2017). Board policy manual. Retrieved from https://pol.tasb.org/Policy/Download/900?filename=EHBAB(LEGAL).html&title=SPECIAL%20EDUCATION&subtitle=ARD%20COMMITTEE%20AND%20INDIVIDUALIZED%20EDUCATION%20PROGRAM

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Admission, Review, and Dismissal Committee

Responsibilities of ARD Committee

The responsibilities of the ARD committee and the district include:

1. Evaluation, reevaluation, and determination of eligibility for special education and related services;

2. Placement of students with disabilities including disciplinary changes in placement;

3. Development of the student's IEP;

4. Development and implementation of service plans for students who have been placed by their parents in private schools and who have been designated to receive special education and related services;

5. Compliance with the least restrictive environment standard;

6. Compliance with state requirements for reading diagnosis and state assessments;

7. Development of junior high or middle school personal graduation plans;

8. Development of accelerated instruction under Education Code 28.0211 and intensive programs of instruction under Education Code 28.0213 [see EHBC];

9. Evaluation, placement, and coordination of services for students who are deaf, hard of hearing, blind, or visually impaired; and

10. Determining eligibility for extracurricular activities, under Education Code 33.081.

Committee Members

A district shall ensure that each ARD committee meeting includes all of the following:

1. The parents of a student with a disability;

2. At least one regular education teacher of the student (if the student is, or may be, participating in the regular education environment);

3. At least one special education teacher or, if appropriate, at least one special education provider of the student;

4. A representative of the district who:

1. Is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities;

2. Is knowledgeable about the general education curriculum; and

3. Is knowledgeable about the availability of resources of the district;

5. Other individuals who have knowledge or special expertise regarding the student at the discretion of the district or the parent;

6. An individual who can interpret the instructional implications of evaluation results, who may be a member of the ARD committee described in items 2-5;

7. The student, if appropriate;

8. For a student with an auditory impairment, including deaf-blindness, a teacher who is certified in the education of students with auditory impairments;

9. For a student with a visual impairment, including deaf-blindness, a teacher who is certified in the education of students with visual impairments;

10. For a student with limited English proficiency, a member of the language-proficiency assessment committee (LPAC), who may also be a member as described at items 2 or 3;

11. A representative of any participating agency likely to be responsible for providing transition services for a student, as appropriate, and with the consent of the student's parents or a student who has reached the age of majority; and

12. When considering initial or continued placement of a student in a career and technical education program, a representative from career and technical education, preferably the teacher.

20 U.S.C. 1414(d)(1)(B); 34 C.F.R. 300.321; 19 TAC 75.1023(d)(1), 89.1050(c)
A district member of the ARD committee shall not be required to attend an IEP meeting, in whole or in part, if the parent and the district agree in writing that the attendance is not necessary because the member's area of the curriculum or related services is not being modified or discussed during the meeting.

Regular Education Teacher

If an ARD committee is required to include a regular education teacher, the regular education teacher must, to the extent practicable, be a teacher who is responsible for implementing a portion of the child's IEP. Education Code 29.005(a)

Parent Involvement

A district shall take steps to ensure that one or both parents of a student with a disability are present at each ARD committee meeting or are afforded an opportunity to participate, including:

1. Notifying the parents of the meeting early enough to ensure that they will have an opportunity to attend (the notice shall include the purpose, time, and location of the meeting, who will be in attendance, that persons with knowledge or special expertise may be invited by either the parent or the district, and that the Part C service coordinator or other representatives of the Part C system may be invited to the initial meeting for a child previously served under a Part C early childhood intervention program); and

2. Scheduling the meeting at a mutually agreed on time and place.

If the purpose of the meeting is to consider transition services, the notice must also indicate this purpose, indicate that the district will invite the student, and identify any other agency that will be invited to send a representative.

Alternative Means of Meeting Participation

If neither parent can attend an ARD meeting, the district must allow other methods of participation, such as through telephone calls or video conferencing. 20 U.S.C. 1414(f); 34 C.F.R. 300.322(c); 19 TAC 89.1050(d)

An ARD meeting may be conducted without a parent in attendance if a district is unable to convince the parents that they should attend, but the district shall have a record of its attempts to arrange a mutually agreed on time and place, such as detailed records of telephone calls, correspondence, or visits made or attempted and the results of any of those actions. 34 C.F.R. 300.322(d)

Meetings

A district shall initiate and conduct ARD committee meetings for the purpose of developing, reviewing, and revising the IEP of a child with a disability. The committee shall review each child's IEP periodically, and, if appropriate, revise the IEP. A meeting must be held for this purpose at least once a year. The ARD committee must also determine the child's placement once a year.

A "meeting" does not include informal or unscheduled conversations involving district personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provisions if those issues are not addressed in the child's IEP. A "meeting" also does not include preparatory activities that district personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

Meeting at Parent's Request

Upon receipt of a written request for an ARD committee meeting from a parent, the school district must schedule and convene a meeting in accordance with the procedures in 19 Administrative Code 89.1050(d) or within five school days, provide the parent with written notice explaining why the district refuses to convene a meeting. 19 TAC 89.1050(e)

Written Notice

If a parent is unable to speak English, a district must provide the parent with a written notice regarding the ARD committee meeting required under 19 Administrative Code 89.1050(d) (notice for purposes of scheduling) or (e)(2) (notice explaining why the district refuses to convene a meeting) in the parent's native language, unless it is clearly not feasible to do so. If the parent's native language is not a written language, the school district must take steps to ensure that the notice is translated orally or by other means to the parent in his or her native language or other mode of communication so that the parent understands the content of the notice. 19 TAC 89.1050(f)

Transfer Students

In-State Transfers

When a student transfers to a new district within the state in the same school year and the parents verify that the student was receiving special education services in the previous district or the previous district verifies in writing or by telephone that the student was receiving special education services, the new school district must meet the requirements of 34 C.F.R. 300.323(e) regarding the provision of special education services. The time line for completing the requirements outlined in 34 C.F.R. 300.323(e)(1) or (2) is 30 school days from the date the student is verified as being a student eligible for special education services.

Transfers from Another State

When a student transfers from a district in another state in the same school year and the parents verify that the student was receiving special education services in the previous district or the previous district verifies in writing or by telephone that the student was receiving special education services, the new district must meet the requirements of 34 C.F.R. 300.323(f) regarding the provision of special education services. If the new district determines that an evaluation is necessary, the evaluation is considered a full individual and initial evaluation and must be completed within the time lines established by 19 Administrative Code 89.1011(c) and (e). The time line for completing the requirements in 34 C.F.R. 300.323(f)(2), if appropriate, is 30 calendar days from the date of the completion of the evaluation report. If the school district determines that an evaluation is not necessary, the time line for completing the requirements outlined in 34 C.F.R. 300.323(f)(2) is 30 school days from the date the student is verified as being a student eligible for special education services.

Transfer of Records

The district in which the child enrolls shall take reasonable steps to promptly obtain the child's records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous district.

The previous district shall take reasonable steps to promptly respond to the request from the new district and must furnish the new school district with a copy of the student's records, including the student's special education records, not later than the tenth working day after the date a request for the information is received by the previous school district.

Military Dependents

A district shall initially provide comparable services to a military student with disabilities based on his or her current IEP. This does not preclude the district from performing subsequent evaluations to ensure appropriate placement of the student. Education Code 162.002 art. V, C [See FDD]

Individualized Education Program

A district shall develop, review, and revise an IEP for each child with a disability. 20 U.S.C. 1412(a)(4); 34 C.F.R. 300.320(a)

At the beginning of each school year, a district shall have in effect, for each child with a disability in its jurisdiction, an IEP. 20 U.S.C. 1414(d)(2)(A); 34 C.F.R. 300.323(a)

The term "individualized education program" means a written statement for each student with a disability that documents the decisions of the ARD committee with respect to issues discussed at each committee meeting and includes:

1. A statement of the student's present levels of academic achievement and functional performance;

2. A statement of measurable annual goals, including academic and functional goals;

3. A description of how the student's progress toward the annual goals will be measured and when periodic reports on the progress of the student will be provided;

4. A statement of the specific special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the student;

5. A statement of the program modifications or supports for school personnel that will be provided for the student;

6. An explanation of the extent, if any, to which the student will not participate with nondisabled students in the regular class and in extracurricular and nonacademic activities;

7. The projected dates for initiation of services and modifications and the anticipated frequency, location, and duration of these services and modifications;

8. A statement of any individual appropriate and allowable accommodations that are necessary to measure the academic achievement and functional performance of the student on state or district-wide assessments;

9. If the ARD committee determines that the student must take an alternative assessment instead of a particular regular state or district-wide assessment, a statement of why the student cannot participate in the regular assessment and why the particular assessment selected is appropriate for the student;

10. If the ARD committee determines that a student is in need of extended school year (ESY) services, identification of the goals and objectives that will be addressed during ESY services;

11. Beginning not later than when a student reaches 14 years of age and updated annually thereafter, the ARD committee's consideration and decisions regarding the transition issues under 19 Administrative Code 89.1055(j) [see EHBAD];

12. Beginning not later than the first IEP to be in effect when the student is 16, or younger if determined appropriate by theARD committee, and updated annually thereafter, a statement of appropriate measurable postsecondary goals and transition services needed to assist the student in reaching those goals [see EHBAD];

13. Beginning not later than one year before the student reaches the age of 17, a statement that the student has been informed of the rights that will transfer to the student upon reaching the age of majority;

14. The date of the meeting;

15. The name, position, and signature of each member participating in the meeting; and

16. An indication of whether the child's parents, the adult student, if applicable, and the administrator agreed or disagreed with the decisions of the ARD committee.

20 U.S.C. 1414(d); 34 C.F.R. 300.320; Education Code 29.005(b‑1), .011; 19 TAC 89.1055
The written statement of a student's IEP may be required to include only information included in the model form developed by TEA under Education Code 29.0051(a) and posted on the TEA website. A district may use the model form to comply with the requirements for an IEP under 20 U.S.C. 1414(d). Education Code 29.005(f), .0051

Behavioral Intervention Plan

The ARD committee may determine that a behavior improvement plan or a behavioral intervention plan (BIP) is appropriate for a student for whom the committee has developed an IEP. If the committee makes that determination, the BIP shall be included as part of the student's IEP and provided to each teacher with responsibility for educating the student. Education Code 29.005(g); 19 TAC 89.1055(g)

Translation of IEP into Native Language

If the parent is unable to speak English and Spanish is the parent's native language, a district shall provide a written or audiotaped copy of the student's IEP translated into Spanish. If the parent's native language is other than Spanish or English, a district shall make a good faith effort to provide a written or audiotaped copy of the student's IEP translated into the parent's native language.Education Code 29.005(d)

A written copy of the student's IEP translated into Spanish or the parent's native language means that all of the text in the student's IEP in English is accurately translated into the target language in written form. The IEP translated into the target language must be a comparable rendition of the IEP in English and not a partial translation or summary of the IEP in English.

If a parent's native language is not a written language, the district must take steps to ensure that the student's IEP is translated orally or by other means to the parent in his or her native language or other mode of communication.

Autism/Pervasive Developmental Disorder

For students with autism/pervasive developmental disorders, the following strategies shall be considered by the ARD committee, based on peer-reviewed, research-based educational programming practices to the extent practicable and, when needed, addressed in the IEP:

1. Extended educational programming;

2. Daily schedules reflecting minimal unstructured time and active engagement in learning activities;

3. In-home training and community-based training or viable alternatives that assist the student with the acquisition of social/behavioral skills;

4. Positive behavior support strategies based on relevant information;

5. Beginning at any age, futures planning for integrated living, work, community, and educational environments that considers skills necessary to function in current and postsecondary environments;

6. Parent/family training and support, provided by qualified personnel with experience in Autism Spectrum Disorders (ASD);

7. Suitable staff-to-student ratio appropriate to identified activities and as needed to achieve social/behavioral progress based on the student's developmental and learning level (acquisition, fluency, maintenance, generalization) that encourages work towards individual independence;

8. Communication interventions, including language forms and functions that enhance effective communication across settings;

9. Social skills supports and strategies based on social skills assessment/curriculum and provided across settings;

10. Professional educator/staff support; and

11. Teaching strategies based on peer-reviewed, research-based practices for students with ASD.

If the ARD committee determines that services are not needed in one or more of the areas in 1-11 above, the IEP shall include a statement reflecting that decision and the basis upon which the determination was made.

Visual Impairment

If a district provides special education services to students with visual impairments, it shall have written procedures as required in Education Code 30.002(c)(10) (staff access to resources). 19 TAC 89.1075(b)

Collaborative Process

All members of the ARD committee shall have the opportunity to participate in a collaborative manner in developing the IEP. Decisions of the ARD committee concerning the required elements of the IEP shall be made by mutual agreement, if possible. The ARD committee may agree to an annual IEP or an IEP of shorter duration.

Ten-Day Recess

1. The student's presence on campus represents a danger of physical harm to the student or others;

2. The student has committed an expellable offense; or

3. The student has committed an offense that may lead to placement in a disciplinary alternative education program. [See FOF]

These requirements do not prohibit the ARD committee from recessing an ARD committee meeting for reasons other than the failure to reach mutual agreement about all required elements of an IEP.

During the recess, the ARD committee members must consider alternatives, gather additional data, prepare further documentation, and/or obtain additional resource persons who may assist in enabling the ARD committee to reach mutual agreement.

Failure to Reach Agreement

If a recess is implemented and the ARD committee still cannot reach mutual agreement, a district shall implement the IEP it has determined to be appropriate for the student. Each member of the ARD committee who disagrees with the IEP developed by the ARD committee is entitled to include a statement of disagreement in the IEP.

If the IEP is not developed by agreement, the written statement of the program must include the basis of the disagreement. Each member of the ARD committee who disagrees with the IEP developed by the committee is entitled to include a statement of disagreement in the written statement of the program.

Modification of Existing IEP

Upon request, a parent shall be provided with a revised copy of the IEP with amendments incorporated.

To the extent possible, a district shall encourage the consolidation of reevaluation meetings for the child and other ARD meetings for the child.

Teacher Access to IEP

Each district must ensure that each teacher who provides instruction to a student with a disability has access to relevant sections of the student's current IEP, is informed of the teacher's specific responsibilities related to implementation of the IEP, and has an opportunity to request assistance regarding implementation of the student's IEP. 19 TAC 89.1075(c)

Teacher Request to Review IEP

Each district shall develop a process to be used by a teacher who instructs a student with a disability in a regular classroom setting:

1. To request a review of the student's IEP;

2. To provide input in the development of the student's IEP;

3. That provides for a timely district response to the teacher's request; and

4. That provides for notification to the student's parent or legal guardian of that response.

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The responsibilities of the ARD committee and the district include: Evaluation, reevaluation, and determination of eligibility for special education and related services; Placement of students with disabilities including disciplinary changes in placement; Development of the student's IEP; Development and implementation of service plans for students who have been placed by

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School counselors are often tasked with ARD committee responsibilities even though they are generally not a part of a school counselor's counseling duties. Because of this, ARD or IEP committees are not specifically mentioned in the American School Counselor Association's (ASCA) Ethical Standards for School Counselors. However, the ASCA Ethical standards do discuss confidentiality. School counselors have to remember that when they are a part of an ARD committee, they must maintain confidentiality. There are people in ARD meetings that may not have a need to know specific information that a counselor may have about a child.

American School Counselor Association. (2016). ASCA ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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Texas Education Service Center Region 4 has a Facilitated IEP meeting quick reference guide available on their website. It includes several tips for educators to help with facilitated ARD meetings, including a list of acronyms and their meanings.

Region 4 Education Service Center. (2012). FIEP. Retrieved from https://sites.google.com/site/region4escfiep/

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Region 4 ESC Facilitating the IEP Process

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Slide 13 - Best Practices for ARD Compliance

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Slide 13 - Best Practices for ARD Compliance

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Know and follow the laws for ARD committee meetings.

Ensure parents are notified in advance of ARD committee meetings. Failure to do so could result in a due process hearing.

If parents request rescheduling of an ARD meeting, make every effort to accommodate the parents, especially if a change of placement is on the agenda.

Consider an ARD facilitator in cases of difficult ARD meetings.

Adhere to deadlines for ARD committee meetings. If the meeting is going to be delayed past the due date, start the meeting by the deadline and then recess it. It can be completed after the deadline.

Maintain confidentiality. If a confidential counseling situation needs to be discussed with a parent and not with the rest of the committee, have that discussion in private.