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My professional perspective is a high school guidance counselor.I received my Bachelor's Degree from Texas A&M Kingsville University in Human Science. I currently teach Fashion Design I & II, Practicum for Fashion Design and Lifetime Nutrition and Wellness,which fall under the Family and Consumer Science Department in Career and Technical Education. The Legal Guide Padlet is a resource guide for high school counselors who participate in regular Admission, Review & Dismissal (ARD) meetings to help them understand their responsibilities as the participating counselor. I chose this topic because I am regularly asked to be the attending teacher in ARD meetings, therefore I would like to learn the rights of all, which I then narrowed down to specifically counselors for this assignment, and my future role as counselor.

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I interviewed April Mayberry,Department Chair, Special Education Department and part-time Administrator, at Richard King High School.

Why is knowing & understanding ARD requirements important in your field of education?
Mrs. Mayberry states it is important for school educators and counselors to have a thorough understanding of the ARD process because it has such a great impact on the student’s educational success.  She went on to say, counselors provide vital data to make sure the student is taking the right classes and getting the support they need to be successful in those classes. She also shared knowing and understanding ARD requirements is important to ensure our campus is in compliance and not violating Free Appropriate Public Education (FAPE).

Best Practices in ARD Requirements
Mrs. Mayberry shared what she considers to be three best practices regarding ARD requirements 1.)the counselor should plan and research ahead of time the students’ grades, test scores, and other pertinent educational data.  2.)The counselor should consider the student's goals and brainstorm to help that student reach those goals. 3.) the counselor should create and follow a checklist and be up-to-date on all laws and state requirements.

Emerging Issues

Mrs. Mayberry states she would like to watch what happens in the future regarding ACT/SAT testing accommodations.  There have been recent cases of parents pushing to have their children identified as special needs in order for that child to receive accommodations on these important tests.  The stakes are high.  College entrance, as well as scholarships are most often determined by ACT/SAT scores.  How do we as educators and how do testing companies ensure that students with legitimate needs will receive the accommodations they need?  We are facing a difficult problem and one that will take more research to address.
(A.Mayberry, personal communication, September 29,2019)

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Slide #3 - National Association of Special Education Teachers

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Slide #3 - National Association of Special Education Teachers

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National Association of Special Education Teachers (2018)
is a national membership organization dedicated to rendering all possible support and assistance to those preparing for or teaching in the field of special education. This website helps members stay abreast of current issues that are shaping the field and affecting the lives of students,such as IEP components and current changes in IEPs,which are an ARD requirement.

Link: https://www.naset.org/index.php?id=3321

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To help you set the right tone and strengthen your communication skills, five tips for a successful ARD meeting.

Student is the focus

Acknowledge the parent's expertise when it comes to their child

Be fully present- whatever issues you may be dealing with, try taking a long, slow breath before entering the meeting and having a genuine smile on your face to show that you're engaged from the beginning

Do start the meeting by identifying a positive strength the student possesses. You should also conclude the meeting on a positive note.

Do use inclusive language that puts the student first. Say "the student with ADHD or autism," not "the autistic student." (Nuno, D.,2019)

Link: https://www.wgu.edu/heyteach/article/5-tips-successful-504-or-iep-meetings1709.html.

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IEP two requirements:

1. A child has one or more of the 13 disabilities listed in IDEA. The law lists specific challenges, like learning disabilities, ADHD, autism, and others.

2. The disability must affect the child’s educational performance and/or ability to learn and benefit from general education curriculum. The child must need specialized instruction to make progress in school.

504 plan-two requirements:

1. A child has any disability. Section 504 covers a wide range of different struggles in school.

2. The disability must interfere with the child’s ability to learn in a general education classroom.

Section 504 has a broader definition of a disability than IDEA. (It says a disability must substantially limit one or more basic life activities. This can include learning, reading, communicating, and thinking.) That’s why a child who doesn’t qualify for an IEP might still be able to get a 504 plan (Lee,A., 2019)

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Slide #6 Law#1 1973 Section 504 of the Rehabilitation(29 USC § 701 et seq)- Statutory Law

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Slide #6 Law#1 1973 Section 504 of the Rehabilitation(29 USC § 701 et seq)- Statutory Law

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grants protection from inequity and injustice of those   with disabilities and special needs.  g

guaranteed the civil rights for disabled in the context of federally funded institutions or any activity or program receiving Federal financial assistance.

it is considered the first law giving protection to students with special needs.

Link: https://uscode.house.gov/view.xhtml?req=(title:29%20section:701%20edition:prelim)

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Slide #7/Law #2 1974-The Family Education Rights and Privacy Act (FERPA)(20 U.S.C. § 1232g)-Administrative Law

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Slide #7/Law #2 1974-The Family Education Rights and Privacy Act (FERPA)(20 U.S.C. § 1232g)-Administrative Law

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protects the privacy of student educational records (examples: grades, disciplinary records & financial aid records.

all schools receiving federal funding must comply with FERPA.

students have the right to inspect their educational records, control disclosure of information, request amendments of inaccurate or misleading content, and file FERPA non-compliance complaints with the Family Policy Office of the U.S. Department of Education

Link: https://uscode.house.gov/view.xhtml?req=(title:20%20section:1232g%20edition:prelim)

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Slide #8/Law #3 Individuals with Disabilities Education Act (IDEA)(20 USC § 1400) - Administrative Law

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Slide #8/Law #3 Individuals with Disabilities Education Act (IDEA)(20 USC § 1400) - Administrative Law

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to provide children with disabilities the same opportunity for education as those students who do not have a disability.

enacted with the goal of addressing implementation problems resulting from “low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities 1990 –

Link:  https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter33&edition=prelim

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Slide #9/Law #4 Americans with Disabilities Act (ADA)(42 USC § 12101)- Statutory Law

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Slide #9/Law #4 Americans with Disabilities Act (ADA)(42 USC § 12101)- Statutory Law

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prohibits discrimination against individuals with disabilities in all areas of public life.

this includes students being free from discrimination in the educational setting

Link: https://uscode.house.gov/view.xhtml?req=(title:42%20section:12101%20edition:prelim)

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Slide #10 Local Administrative Law/Policy/Rule

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Slide #10 Local Administrative Law/Policy/Rule

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Corpus Christi Independent School District follows the
Texas Administrative Code, Title 19,Part 2, Chapter 89, Subchapter AA,Division 2,RULE §89.1050, regarding the Admission, Review, and Dismissal Committee (RULE §89.1050)

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. 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.

Link: 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=2&ch=89&rl=1050

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A.3. Comprehensive Data-Informed Program School counselors:
d. Use data to determine needed interventions, which are then delivered to help close the information, attainment, achievement and opportunity gaps (American School Counselor Association,2016).

link:  https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

High school counselors need to understand data to help determine any interventions needed for students when participating in the student's ARD meetings. Knowing ARD requirements is important when trying to apply the data to close attainment and achievement gaps.

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Slide #12 Non-Law Source                        IEPs: Writing Quality Individualized Education Programs (3rd Edition) 

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Slide #12 Non-Law Source                        IEPs: Writing Quality Individualized Education Programs (3rd Edition) 

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This book offers step-by-step instructions to write effective IEPs which meet the standards of IDEA and plan instruction for students with disabilities.  An easy-to-understand summary of IDEA 2004, a workable organization of the IEP process into seven steps; explanations, modeling, practice, and feedback for understanding each step of the process; and a brief procedural summary at the end of each step, are included (Gibb, G., & Dyches, T.,2015).

Link: https://www.amazon.com/IEPs-Writing-Individualized-Education-Programs/dp/0133949524

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Slice #13 Bulleted List of Recommendations/Best Practices for Compliance

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Slice #13 Bulleted List of Recommendations/Best Practices for Compliance

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plan and research ahead of time the students’ grades, test scores, and other pertinent educational data.

consider the student's goals and brainstorm to help that student reach those goals.

create and follow a checklist and be up-to-date on all laws and state requirements.

IEP has two requirements:child has one or more of the 13 disabilities listed in IDEA and it must affect educational performance

504 has two requirements: child has any disability and if must interfere with child's ability to learn in general education classes.

Recommended Book:  IEPs: Writing Quality Individualized Education Programs (3rd Edition)

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Americans with Disabilities Act (ADA)(42 USC § 12101)

ASCA Ethical Standards for School Counselors. (2016). Retrieved September 17, 2019, from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

Gibb, G., & Dyches, T. (2015). IEPs: Writing Quality Individualized Education Programs (3rd ed.). New York City, NY: Pearson.

Individuals with Disabilities Education Act (IDEA)(20 USC § 1400)

Lee, Andrew(2019). The Difference Between IEPs and 504 Plans. Retrieved September 30, 2019, from https://www.understood.org/en/school-learning/special-services/504-plan/the-difference-between-ieps-and-504-plans.

National Association of Special Education Teachers Home Page. (2018). Retrieved September 17, 2019, from https://www.naset.org/.

Nuno, D. (2019, September 5). Five tips for successful 504 or IEP meetings. Retrieved September 30, 2019, from https://www.wgu.edu/heyteach/article/5-tips-successful-504-or-iep-meetings1709.html.

Section 504 of the Rehabilitation(29 USC § 701 et seq)

The Family Education Rights and Privacy Act (FERPA), 20 USC § 1232g

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A.3. Comprehensive Data-Informed Program School counselors: 
 d. Use data to determine needed interventions, which are then deliv