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I am an elementary professional school counselor presenting legal and ethical principles regarding the admission, review, and dismissal (ARD) process for creating individualized education programs (IEP) for special education students, outlining student and parental rights throughout the process. I am presenting at a district-wide training for elementary school counselors.

I chose this topic because, according to previous interviews with practicing counselors in my area, the ARD process is a major aspect of the school counseling job. It is also a highly regulated aspect of education, so I feel it is important to thoroughly understand the laws and policies.

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It is necessary for counselors to understand the legal and ethical requirements of the ARD process and IEPs. As a counselor I will be required to advocate for special education students during ARD meetings and throughout the implementation of the IEP. Counselors must follow all legal guidelines, serve as leader during ARD meetings, and train other educators on ARD and IEP requirements

National, state, and local policies require educators to follow strict laws regarding special education, the ARD process, and IEPs. Coronavirus and virtual education create unexpected hurdles for educators regarding special education. ARD meetings often must be conducted virtually, adding a level of complication to the process. Many school districts and parents are worried these students are not receiving services required by IEPs, due to Coronavirus guidelines and the physical limitations of virtual schooling

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Texas Association of School Boards-  It’s A New Day: Hard ARDs, Difficult 504 Meetings & Other Communications to Parents During and After COVID-19

The Webinar discusses recommendations and best practices for counselors and educators to follow while conducting ARD and 504 meetings during virtual education due to Coronavirus. Authors explain legal requirements of ARD meetings and tips for handling them virtually. Educators are encouraged to determine accessibility of special education services during Coronavirus and to discuss ways to meet requirements of students' IEPs.

Hodgins, D., Schneider-Vogel, M., & Janecka, H. (5/12/2020). It's a New Day: Hard ARDs, Difficult 504 Meetings, & Other Communications to Parents During and After COVID-19. In Texas Association of School Boards Webinar Series. Retrieved from
https://www.tasb.org/services/student-solutions/documents/handout-1_hard-ards-difficult-504-meetings-other-communications.pdf

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Education Week- This Pandemic is no Time to Backtrack on Special Education

Mathew Blomstedt, Nebraska's commissioner of education, discusses the need for teachers, school administrators, and parents to work together to support students toward individual educational program goals.

Families are concerned students are not receiving necessary support during the pandemic.

Schools are struggling to meet legal requirements guaranteed to serve special education students.

Schools must work to find innovative ways to support special education students by providing requirements of individualized education programs.

Blomstedt, M. (May 4, 2020). This Pandemic is no time to backtrack on special education. Education Week. Retrieved from
https://www.edweek.org/ew/articles/2020/05/05/this-pandemic-is-no-time-to-backtrack.html

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Education Week- Districts Lay Off Thousands of Paraprofessionals as Students Switch to Remote Learning

Daarel Burnett II explains schools around the nation are laying off paraprofessional, often used to assist special education students.

Paraprofessional groups have organized protests to combat the layoffs, stating they are core elements of individualized education programs.

Burnett, D. (August 25, 2020). Districts lay off thousands of paraprofessionals as students switch to remote learning. Education Week. Retrieved from
https://blogs.edweek.org/edweek/District_Dossier/2020/08/districts_layoff_thousands_of_.html

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Statutory Law: 20 CFR 33 - Individuals with Disabilities Education Act (IDEA)
https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter33&edition=prelim

Protects children with disabilities, ensuring equal education

Outlines parental rights

Provides funds to states participating in Child Find, a program that works to identify, locate, and evaluate all children possibly needing special education services

Requires states to develop, review, and revise individualized education plans for students needing special services

Outlines the requirements for the team necessary to perform the development, reviewal, and revisions of students' individualized education plans

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Statutory Law: 1 Tex. Educ. Code § 1.002
https://statutes.capitol.texas.gov/Docs/ED/htm/ED.1.htm#1.002

Requires school districts to offer all students equal opportunity education

Permits schools from denying special education services to qualifying students

Requires schools to provide appropriate special education services to those with disabilities

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Statutory Law: 19 Tex. Admin. Code § 89.1050
https://casetext.com/regulation/texas-administrative-code/title-19-education/part-2-texas-education-agency/chapter-89-adaptations-for-special-populations/subchapter-aa-commissioners-rules-concerning-special-education-services/division-2-clarification-of-provisions-in-federal-regulations-and-state-law/section-891050-the-admiion-review-and-dismissal-committee

Describes the school district’s responsibility to create admission, review, and dismissal (ARD) committees

Requires schools districts to create an ARD committee for every student who undergoes evaluation for disability

Outlines the committee’s many responsibilities regarding individualized education programs (IEP)

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Statutory Law: 34 CFR § 300.322
https://www.law.cornell.edu/cfr/text/34/300.322

Outlines the school’s responsibility to notify parents of meetings involving their child’s IEP so they can attend

Schools must notify parents of location, subject, attendees and their areas of expertise, and time of the meeting in advance

Allows schools to use alternative means for meetings if parents cannot attend in person

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Administrative Regulation: San Angelo ISD requires, to be eligible for special education services, students must need instruction specifically designed to meet unique needs created by a disability. The ARD committee decides which students meet this requirement and the most beneficial services to meet the need.

Texas Education Agency. (n.d.). Updates in special education. San Angelo ISD. Retrieved from             https://resources.finalsite.net/images/v1583507502/saisdorg/deua4y53lc15mlvtry2k/Upda             tes-on-Special-Education.pdf

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ASCA Ethical Standards for School Counselors B.2.k.: Affirm the abilities of and advocate for the learning needs of all students. School counselors support the provision of appropriate accommodations and accessibility.

This ethical principle for school counselors describes a counselor's obligation to advocate for the needs of all students, this includes those needing special accommodations. Counselors should support students' needs by advocating during ARD meetings and holding educators to students' individualized education programs, while frequently reviewing student ability and success of services to assure they are appropriate and beneficial for the student.

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

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ARD Committee Decision Making Fact Sheet
This resource is a fact sheet for educators, outlining basic ARD requirements. The ARD process, purpose, and legal requirements are explained in an easy to follow manner.

Texas Education Agency. (n.d.). ARD committee decision making fact sheet. Sped Tex. Retrieived from
https://prntexas.org/wp-content/uploads/2017/11/ARD-Committee-Decision-Making-Process.pdf

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1. State and national laws require school districts to provide equal educational opportunities to students with disabilities, including creating IEP committees for admission, review, and dismissal purposes.  In Texas, IEP committees are called ARD committees.

2. Thoroughly review provided policies and all local, state, and national laws and policies regarding ARDs and IEPs. It is the school counselor's responsibility to understand all legal requirements.

3. Carefully follow all local, state, and national laws and policies regarding ARDs and IEPs. Do not cut corners or assume you know what you are doing, always follow exact protocol to assure best results for students and the school and to protect yourself.

4. Counselors are ethically obligated to advocate for the needs of students. The counselor's role throughout the ARD process is to make sure students' needs are being met to the best of the school's ability.

5. Thoroughly train school staff on ARD and IEP laws, policies, requirements, and procedures. More informed ARD committee members leads to smoother running ARD procedures and more effective special education programs. Stress the importance of all students receiving equal opportunity education.

6. Work with school leaders to alter normal ARD procedures to best fit Coronavirus mandates and virtual learning. Train school staff on alternative procedures and best practices for virtual ARD meetings. Reiterate legal requirements to continue fulfilling the recommendations of IEPs.

7. Include recommendations for helping teachers fulfill a variety of common special education services. Provide instructions for accessing direct assistance from the counselor and other resources when teachers need help meeting IEP requirements and student needs.

8.  Recognize parental rights regarding special education. Parents must be informed of ARD meetings, attendees, location, time, and purpose in time to make arrangements to attend the meeting. Schools are required to use alternate means of communication, such as Zoom sessions,  if parents cannot attend. Parents are permitted to request ARD meetings and IEP amendments.