Legal & Ethical Principles Guide for Educators: A Focus on ARD Requirements by https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2 The purpose of this legal guide is to better inform educators about the admission, review, and dismissal process (ARD) in schools and what impact it has on students, teachers, and parents. en-us 2022-07-20 15:20:21 UTC 2025-10-25 20:00:51 UTC hello@padlet.com Slide 1: Professional Perspective/Audience/ Topic gontiveros7 https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247067892 My professional perspective is that of a high school counselor. Counselors must be up-to-date on current laws and policies, especially those that involve student rights, privacy, and equal opportunities for all. 

This particular guide is helpful for all educators from K-12 including college-level professionals. 

The purpose of this legal guide is to better inform all educators about the admission, review, and dismissal process (ARD) in schools and what impact it has on students, teachers, and parents. 

I selected this topic because it is an important process that almost every educator will encounter at least once in their career. Therefore, all educators must gain the necessary knowledge on how the ARD process works in schools and how it is protected under certain policies and laws. 


]]> 2022-07-20 18:27:55 UTC https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247067892 References gontiveros7 https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247072660 ASCA. (2022). The School Counselor and Students with Disabilities. Home - American School Counselor Association (ASCA). https://www.schoolcounselor.org/

Mesquite ISD. (2022). SPECIAL EDUCATION EHBAB ARD COMMITTEE AND INDIVIDUALIZED EDUCATION PROGRAM. Policy On Line. https://pol.tasb.org/Policy/Download/369?filename=EHBAB(LEGAL).pdf&filename=EHBAB(LEGAL).pdf

National Network. (2022, July). Disability rights laws in public primary and secondary education: How do they relate? ADA National Network | Information, Guidance, and Training on the Americans with Disabilities Act. https://adata.org/factsheet/disability-rights-laws-public-primary-and-secondary-education-how-do-they-relate

Stanford, L. (2022, July 19). New discipline guidance focuses on discrimination against students with disabilities. Education Week. https://www.edweek.org/teaching-learning/new-discipline-guidance-focuses-on-discrimination-against-students-with-disabilities/2022/07

Texas Education Agency. (2019). ARD Committee. https://childfindtx.tea.texas.gov/ARD_committee.html]]> 2022-07-20 18:39:54 UTC https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247072660 Slide 2: Interview gontiveros7 https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247104371 1. Importance of Topic and Impact:
After interviewing one of the counselors at my school I learned that this topic is important in the field of education, specifically for school counselors for several reasons. In many schools, ARD meetings are usually led by school counselors or SPED (special education specialists). School counselors must be knowledgeable on how to lead such meetings and understand the overall process and purpose of the meeting. Per TEA, the admission, review, and dismissal (ARD) committee "is the team that meets to determine eligibility based on a full and individual evaluation report and to develop an individualized education program (IEP) for the child, if applicable" (TEA, 2019, p.1) My interviewee further explained that the overall goal of this process is to basically level the playing field and give every child an equal opportunity at success no matter their learning style or disability.
2. Best Practices:
  • Do your research into learning more about the student having the ARD. For example, do your own class evaluation or assessment preferably with the special Ed specialist or teacher before the meeting.
  • Be prepared with all available student data to get a full picture of how to best serve the student.
  •  Communication with parents and all parties involved in the child's education is crucial to get a better understanding of how to best assist the student if he/she qualifies for special services. 
  • Lastly, know what the law says you can and cannot do. Research and exhaust all resources that are available to the child to ensure he or she is set up for success.
3. Emerging Issue:
One particular emerging issue related to this topic is how online learning due to the recent pandemic impacted student learning, especially students in need of special individualized services. Due to a shortage of special education and regular education teachers after the pandemic, some students may not be receiving all available resources or assistance as they should. Some school districts across the U.S. continue to struggle with inequitable funding, especially those students living in areas of poverty. For these reasons and many more, educators should stay up-to-date on current laws and policies that impact such issues. Additionally, it is our responsibility to continue advocating for our students to ensure they are receiving all the available resources and support they rightfully need.
The person I interviewed is a school counselor by the name of Adena Bell at North Mesquite H.S.
(Texas Education Agency, 2019)
]]> 2022-07-20 20:18:40 UTC https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247104371 Slide 3: Professional Association gontiveros7 https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247108571 The American School Counselor Association (ASCA) is a professional organization for educators, specifically school counselors that provide very beneficial and useful information in the field of school counseling. This site offers beneficial information pertaining to school counselors and what role they play when they are part of an ARD committee. Additionally, this association provides useful information such as up-to-date trends, best practice insight, current educational news, professional development opportunities, and important information pertaining to laws affecting students, educators, and counselors. This professional association is a great organization to be a member of because not only does it offer a wealth of information but also offers legal representation in the event that you are ever involved in a legal matter. According to ASCA, "members receive liability insurance, discounts on publications, and professional development opportunities among many other benefits"
(ASCA, 2022 p. 1). ]]> 2022-07-20 20:31:10 UTC https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247108571 Slide 4: Current News Articles gontiveros7 https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247123943 In this particular news article of EDweek, the author describes what the federal government is doing to ensure that students with disabilities are not being treated unfairly. U.S. Secretary of Education Miguel Cardona states that "all students deserve to have their rights protected, and schools deserve greater clarity on how they can avoid the discriminatory use of discipline" (Stanford, 2022, p. 1). He further states that the Department of Education’s Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) will continue to advocate for equal rights of all students, specifically students with disabilities, and ensure they are provided with all available resources and support to help meet their individual needs. This particular article relates to the topic of ARDs because it discusses the importance of advocating for students with disabilities and how they are protected under certain federal laws.
(Stanford, 2022)
Link: https://www.edweek.org/teaching-learning/new-discipline-guidance-focuses-on-discrimination-against-students-with-disabilities/2022/07

]]> 2022-07-20 21:24:17 UTC https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247123943 Slide 5: Current News Articles gontiveros7 https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247139062 This article discusses the effects schools are continuing to face after the pandemic. 
  • Staff shortages are causing veteran and new teachers to feel overworked and are being assigned extra class coverage duties and sometimes they are not even certified to teach in certain settings (such as in sped classrooms).
  • Some teachers are new to the profession and just don't have the experience or knowledge on how to best help students with disabilities. 
  • Due to teachers being overworked and underpaid, some are quitting and the domino effect this is causing is devastating, especially to our students requiring special services.
  • This article ties along with the topic of ARDs because it shows how schools are not adequately staffed therefore, they are probably not meeting the needs of all students as they should.                                  (Lieberman, 2021)
    Link:     https://www.edweek.org/leadership/how-staff-shortages-are-crushing-schools/2021/10

]]> 2022-07-20 22:21:58 UTC https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247139062 Slide 6: Original Sources of Law gontiveros7 https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247702250 The following are certain disability laws protected under Federal law, more specifically: 
  • The U.S. Department of Education’s Office for Civil Rights (OCR)
  • The U.S. Department of Justice
  • The U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS)

  1. Section 504: provides civil rights protections to all individuals with disabilities in programs that receive federal funding, which includes most public schools.
(Section 504 of the Rehabilitation Act of 1973)

 (National Network, 2022) 

]]> 2022-07-21 16:53:39 UTC https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247702250 Slide 7: Original Sources of Law gontiveros7 https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247703434
  • Texas Law: states that special education services shall be provided to eligible students in accordance with all applicable federal laws and regulations, state statutes, rules of the State Board of Education (SBOE) and the commissioner of education. 

    • Special education services shall be provided to eligible students in accordance with all applicable federal law and regulations, state statutes, rules of the State Board of Education (SBOE) and commissioner of education, and the State Plan Under Part B of the Individuals with Disabilities Education Act (IDEA). 
    Individuals with Disabilities Education Act (IDEA). 19 TAC § 89.1001(a)

    (Texas Education Agency, 2022)
    ]]>     2022-07-21 16:56:15 UTC https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247703434     Slide 8: Original Sources of Law gontiveros7 https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247703868
  • IDEA: it is a statute that mandates free appropriate public education (FAPE) in the least restrictive environment (LRE) for students with disabilities eligible under IDEA.
    • Individuals With Disabilities Education Act, 20 U.S.C. § 1400 (2004).

    (U.S. Department of Education, 2022)


    ]]>     2022-07-21 16:57:12 UTC https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247703868     Slide 9: Original Sources of Law gontiveros7 https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247703950
    1. The ADA American with Disabilities Act of 1990 is a broad law that provides civil rights protections to all individuals with disabilities in the US in many different aspects of life. Title II of the ADA prohibits discrimination by state and local governments, which includes public schools.
    Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (1990).

    (National Network, 2022)
    ]]>     2022-07-21 16:57:22 UTC https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247703950     Slide 10: Local Administrative Law/Policy/Rule gontiveros7 https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247742638 The Mesquite ISD local policy states that "the 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 responsibilities listed in 19 Administrative Code 89.1050. 19 TAC 89.1050(a); 34 C.F.R. 300.116(a), .321(a)"

    It is evident that this school district is following Federal and State laws and implementing its own local policies that ensure all students receive the necessary support and resources by forming an ARD committee and following the appropriate steps to further assist all students.

    (Mesquite ISD, 2022)


    ]]>     2022-07-21 18:46:48 UTC https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247742638     Slide 11: Ethical Principle gontiveros7 https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247762811 According to the ASCA Ethical Standards for School Counselors section A.10.F Marginalized Populations:
    The school counselor must "advocate for the equitable right and access to free, appropriate public education for all youth in which students are not stigmatized or isolated based on race, gender identity, gender expression, sexual orientation, language, immigration status, juvenile justice/court involvement, housing, socioeconomic status, ability, foster care, transportation, special education, mental health and/or any other exceptionality or special need."

    As an advocate for our students, we must ensure that our students are given every opportunity to receive a fair and equal education no matter their learning styles or disabilities.

    (American School Counselor Association, 2022)]]>     2022-07-21 19:46:44 UTC https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247762811     Slide 12: Personal Connection gontiveros7 https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247764172
  • The personal connection that I have to this particular topic is that I will one day be a part of a counseling team where I will have to have the necessary knowledge of what an ARD entails and what role I play as a school counselor. I will be responsible for advocating for all my students and I must be aware of what local policies and laws are in place to ensure they are receiving the necessary resources and support so they can continue to be successful socially, emotionally, and academically. 
  • Although I personally never came across such policies or laws while growing up, I am grateful that certain laws were created for those less fortunate students that need needed support. From a parent standpoint, I actually had an experience with the Section 504 process. My child was diagnosed with borderline dyslexia in the second grade and she was protected under the 504 umbrella. Thanks to this law/policy my daughter has certain accommodations in place in all her classes which allow her to be very successful in school. If it wasn't for this law and the support of her teachers she could have been a student that struggles academically. Thankfully, she's been an "A" student for the last several years due to her hard work and school support. 
    • ]]>     2022-07-21 19:51:27 UTC https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247764172     Slide 13: Recommendations / Best Practices for Compliance gontiveros7 https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247764220
  • Always research and know what the law or policies say about the topic.
  • Attend campus, district, or state-level training on how the process (ARD) works.
  • Don't be afraid to ask questions to your experienced colleagues before you proceed.
  • Continue to stay up-to-date on the topic by attending staff development training opportunities yearly. 
  • Join a professional association to have added support and liability protection in the event that you need legal help.  
  • Lastly, always do what's best for the student. By practicing ethical and legal behaviors educators should not worry too much about being held liable when they know they are doing the right thing.
    • ]]>     2022-07-21 19:51:36 UTC https://padlet.com/gontiveros7/3yatk9vlu4fmj1x2/wish/2247764220