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Perspective: Classroom Teacher at Moody Elementary School
Audience: Classroom and Special Education Teachers
Topic: ARD Meeting Requirements
Reason: This is a very important topic to address as it pertains to the services a student with a disability receives. It should be taken with the utmost seriousness because educators should serve as advocates for their students. By understanding and following the legal requirements for an ARD, the student is most likely to be served appropriately in an educational environment.

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A guide for Admission, Review, and Dismissal (ARD) meeting requirements is important to an educator in the K-12 field because there is a great likelihood that they would have to attend such a meeting. According to the Individuals with Disabilities Education Act (IDEA), an Individualized Education Program (IEP) committee must be assembled for an ARD meeting, and it must consist of at least one regular education teacher and a special education teacher, as well as others (20 U.S.C. 1401 §300.321).

It is also important to understand the legal requirements for ARD meetings, as there have been some emerging issues recently about how the IEP committees are often one-sided, favoring the education system rather than the guardian/parent of the student. There needs to be an understanding of what the expectation is when entering into these meetings, and how to best serve the student as well as their family. There have also been recent issues in the state of Texas, as far as the Texas Education Agency (TEA) is concerned, of violating certain aspects of IDEA. Understanding the legal aspects and requirements of ARD meetings will ensure that all are being held responsible and not violating the rights of students with disabilities.

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The Association of Texas Professional Educators (ATPE) has provided a legal guide about special education law in the state of Texas. It includes information about IDEA, Section 504, how placement and services are determined, and other aspects of special education. There is also information about the expectations of an educator teaching a special needs child, in addition to how to go about working with parents.

Website: https://www.atpe.org/en/Protection/Legal-Guide/Special-Education

Special education and Section 504. (n.d.). Retrieved May 03, 2020, from https://www.atpe.org/en/Protection/Legal-Guide/Special-Education

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"'Free and appropriate': Special ed stakeholders work to make IEP meetings less one-sided" by Linda Jacobson

Parent, Marini Hamilton Smith, is a child development instructor and former K-12 educator. She has a child receiving special needs services and feels that the IEP committee is very one-sided towards the education system, not the child and their family.

As a teacher, Smith felt she was not prepared for IEP/ARD meetings and believes that educators need more training on IEPs prior to being a part of such meetings.

The IEP is considered the heart of special education. It provides "the roadmap for meeting the learning needs of students with exceptionalities. The extent to which school staff and administrators understand and use the map is important to the success of both students with exceptionalities and special educators" (Jacobson, 2019).

For some administrators and teachers, ARDs are just another meeting. For a parent, it is the meeting.

There needs to be more of a partnership between the families and the school system when it comes to serving a child with special needs. Doing this requires a person to be knowledgable of IEPs and the requirements placed upon them and meetings such as ARDs.

Website: https://www.educationdive.com/news/free-and-appropriate-special-ed-stakeholders-work-to-make-iep-meetings-l/564423/

Jacobson, L. (2019, October 15). 'Free and APPROPRIATE': Special Ed stakeholders work to make IEP meetings less one-sided. Retrieved May 03, 2020, from https://www.educationdive.com/news/free-and-appropriate-special-ed-stakeholders-work-to-make-iep-meetings-l/564423/

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"Texas poured nearly $1B into new special ed funding following IDEA violations" by Naaz Modan

According to state data in Texas, only 9.25% of students were identified and being served under special education. This is almost 5% less than the national average of 14%.

There is concern that Texas is not properly identifying students who may qualify for special education services.

Texas recently increased funding for special education by $1 billion.

This is in relation to the fact that Texas "arbitrarily capped the number of students with disabilities it served at 8.5%" (Modan, 2020) which is in direct violation of the Individuals with Disabilities Education Act (IDEA).

With this realization, it has allowed school districts to better follow federal law in regards to identifying students with special needs and not negate state law at the same time.

Website: https://www.educationdive.com/news/texas-poured-nearly-1b-into-new-special-ed-funding-following-idea-violatio/571420/

Modan. (2020, January 31). Texas poured nearly $1b into new special ed funding following Idea violations. Retrieved May 03, 2020, from https://www.educationdive.com/news/texas-poured-nearly-1b-into-new-special-ed-funding-following-idea-violatio/571420/

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Anyone born or naturalized in the United States is a citizen of the United States of America.

All citizens are guaranteed equal protection under the law.

Therefore, when a state, such as Texas, creates a public school system all citizens are guareteended an education in the public school system.

This is further understood, that even a student with special needs or a disability is still guaranteed a free and equal education.

Website: https://www.law.cornell.edu/constitution/amendmentxiv
U.S. Const. amend. XIV

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Individualized Education Program (IEP) team is required to conduct an ARD meeting.

Consists of the following people:

the parents of the child with a disability,

at least one regular education teacher,

at least one special education teacher,

a representative of the local education agency,

a person who can interpret "the instructional implications of evaluation results,"

if necessary, others who have the knowledge or special expertise regarding the child and their disability, and

if appropriate, the child with the disability.

In developing the child's IEP, the following should be taken into consideration:

the child's strengths

the parent's concerns for enhancing the child's education

the initial evaluation's results or more recent evaluation of the child

the child's academic, development, and functional needs

Website: https://www.law.cornell.edu/cfr/text/34/300.23
20 USC 33 §1414 (d)(1)

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Each school district is required to create an Admission, Review, and Dismissal committee for each student that is eligible with a disability.

The school district must take steps to provide that one or both parents/guardians are at each ARD meeting and allowed the opportunity to participate.

Website: http://ritter.tea.state.tx.us/rules/tac/chapter089/ch089aa.html
19 TAC §89.1050(d)

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The ARD committee must make decisions about the student's eligibility and placement into an IEP within 30 days of the initial evaluation being completed.

If the end of the 30 days falls in the summer or school is not in full session, the ARD meeting shall be completed on the first day of classes in the Fall.

Website: http://ritter.tea.state.tx.us/rules/tac/chapter089/ch089aa.html

19 TAC §89.1011 (d)

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ARD committee is responsible for:

the evaluation, reevaluation, and determination of a student’s eligibility for special education and services,

development of the student’s IEP,

compliance with federal and state regulation, and

compliance with the least restrictive environment standard.

Meetings are required once a year following the initial placement of the student.

ARD meetings are informal or unscheduled conversations.

A meeting is required to be scheduled if a parent requests one.

The district is required to provide written notice to a parent of a schedule ARD meeting.

Website: https://pol.tasb.org/Policy/Download/865?filename=EHBAB(LEGAL).pdf
Moody ISD Board Policy §E.HBAB

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Educators are supposed to abide by the Educators' Code of Ethics. According to the code for Texas, the educator is supposed to follow and comply with federal and state laws, as well as state regulations and written school board policies. The federal guidelines in IDEA for ARD meetings, as well as the school district policies, are very clear. If an educator chooses not to follow these laws and policies, they are disregarding their code of ethics and risk losing their certification as a teacher.

Website: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2
TAC §247.2 (1) (G)

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Education Service Center Region 18 of Texas provides a framework for parent's about the admission, review, and dismissal process for students in special education. It is not only helpful for parents, but also for educators. It provides the legal framework ARD's, as well as the responsibilities for parents and the school.

Website: http://framework.esc18.net/Documents/ARD_Guide_ENG.pdf

Parent's Guide to the Admission, Review, and Dismissal Process. (2018). Retrieved May 02, 2020, from http://framework.esc18.net/Documents/ARD_Guide_ENG.pdf

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Ensure that the ARD meeting has an IEP committee that includes the required members (at the very least: regular education teacher, special education teacher, administrator, diagnostician, and parent.)

Parents are given written notice and provided every opportunity to participate in the ARD meeting.

Provide parents with the "Parent's Guide to the Admission, Review, and Dismissal Process" guidebook from Region 18.

Involve the parents in the decision-making process when it comes to developing their child's IEP. Ensure that the meeting is seen as important, and not just another meeting. For the parent, it is "the" meeting about their child.

Provide the parent with a copy of the IEP as soon as possible and be sure to check in with the parent during the meeting for an understanding of the information being discussed.

Ensure that the meeting takes place within 30 days of completing the initial evaluation of the student and annually afterward if the student qualifies for special education services.

If a parent requests another ARD meeting prior to the annual, you are required to have one. It can take the place of the annual ARD if agreed upon by the committee.