Parents' Rights During the Admission, Review, and Dismissal (ARD) Process by Miss Garcia https://padlet.com/agarciascience/cn9mk0xwkyv6 Aliza Garcia, EDG 6305 en-us 2019-10-07 01:31:28 UTC 2020-03-23 20:20:07 UTC hello@padlet.com Slide #1: My Professional Perspective agarciascience https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394223727 My professional perspective is from a school counselor's view. I am currently pursuing my M.Ed in School Counseling. I have a M.Ed. in Curriculum and Instruction with a focus on Science. I currently teach sixth grade science and have been part of the Admission, Review, and Dismissal (ARD) meetings of many students. This Legal Guide Padlet is a resource guide for counselors and teachers. The goal is to provide information concerning the legal and ethical guidelines related to parental rights during the ARD process. This topic was important to explore because of the many legal and ethical requirements. From my personal experience as an educator who has participated in ARD meetings, I found many parents are unaware of their rights. Although they receive the procedural safeguards, many do not understand the range of rights they are afforded under federal law. They are also unaware of the many federal, state, and local resources available to them. As future school counselors, it is important for us to be advocates for these parents. ]]> 2019-10-07 01:40:51 UTC https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394223727 Slide #2: Interview agarciascience https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394223876 I interviewed the assistant principal/ARD administrator of Port Isabel Junior High, Mr. Joey Rivera over parental rights during the ARD process.

Why is Understanding Parents' Rights During the ARD Process Important?
Mr. Rivera explained that under IDEA, parents are afforded the right to participate in the identification and ARD process of their child. This is to include the IEP process as well. The school is responsible for ensuring each child is provided with an appropriate education in the least restrictive environment. He understands that not all parents understand their rights and that in South Texas the language barrier is a huge issue during the ARD process. Ensuring parents are provided with their rights in a way they can understand is important. This is important not only for legal compliance, but for the sake of the family.

Best Practices in the ARD Process
Mr. Rivera described the following four best practices.
1. Provide a translator that is well versed in special education content during the ARD process.
2. Provide parents with a list of resources to help them with their child's disability.
3. Review all laws, regulations, and policies pertaining to the ARD process regularly with appropriate staff.
4. Follow all laws, regulations, and policies to the letter.

Emerging Issues
Mr. Rivera states that state assessment requirements for special education students are often unrealistic. They provide a one-size fits all standard, but not all students fit that standard. At one point the state looked down on districts with a high percentage of students in special education. This forced many districts to limit the number of students identified as having a disability. Many parents in this area lack the education and resources necessary to advocate for their child. Many districts take a hit when it comes to school ratings based on the scores of their special education students. 
(J. Rivera, personal communication, September 30, 2019).]]> 2019-10-07 01:41:16 UTC https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394223876 Slide #3: ASCA Professional Association Position Statement Related to a Counselor's Role in Working with Students with Disabilities agarciascience https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394223895 The American School Counselor Association (ASCA) officially adopted a position statement on the topic of students with disabilities. Within their statement, ASCA outlines a counselor's responsibilities in the identification process, educational planning, and delivery of services. A major responsibility of a school counselor is to encourage parental involvement. The role of a counselor is to advocate for students, this includes making sure the district follows through with parental safeguards concerning special education students (American School Counselor Association, 2016).]]> 2019-10-07 01:41:25 UTC https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394223895 Slide #4: News Article agarciascience https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394223956
  • This article discusses the concerns parents and teachers expressed during a panel held in South Texas. 
  • Federal education officials held these panels throughout Texas as "part of an investigation into whether Texas is capping services for students with disabilities". 
  • Parents and teachers expressed their concerns over lack of resources and training. 
  • Many parents felt their child was denied services. 
  • Another major concern was parental rights during identification and ARD process. 
  • Many parents in South Texas speak Spanish and stated the district did not provide information in the native language.
  • Rather than pay for a translator during the meetings, school staff is delegated with the responsibility of translating.
  • Staff is not fluent enough to translate specific terms related to the ARD process.
    • (Swabby, 2016).
    ]]>     2019-10-07 01:41:50 UTC https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394223956     Slide #5: News Article agarciascience https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394223982
  • This article discusses concerns over the implementation of IDEA.
  • The article states that a child with a disability may not be identified and their needs many not always be met.
  • Instruction for children with disabilities may not necessarily meet their educational needs.
  • Lack of funding for special education is a problem.
  • Minority children are less likely to be identified as having a disability.
  • Although federal law provides parents with rights concerning the identification and ARD process, inequity exists between economic status and language barriers. 
  • Parents who are well versed in their and their child's rights and have the resources necessary often lose out in court decisions.
    • (Samuels, 2019).
    ]]>     2019-10-07 01:41:59 UTC https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394223982     Slide #6: The Fourteenth Amendment agarciascience https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394223995
  • The Fourteenth Amendment of the U.S. Constitution is adopted as one of the Reconstruction Amendments. 
  • It provides “equal protection of the laws”. 
  • The equal protection clause protects all individuals from being denied access to public education. 
  • Under the XIV Amendment, students with disabilities are also protected. 
    • (U.S. Const. amend. XIV). 
    ]]>     2019-10-07 01:42:05 UTC https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394223995     Slide #7: The Individuals with Disabilities Education Act agarciascience https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394224035
  • The Individuals with Disabilities Education Act (IDEA) is a federal law.
  • IDEA assures students with disabilities receive a free appropriate public education (FAPE) in the least restrictive environment. 
  • An important component of this law promotes parent participation in their child’s education 
  • The Admission, Review, and Dismissal committee must include parents or legal guardians as part of the process.
  • The law requires any educational entity receiving IDEA funds to develop and follow procedures to ensure parents are guaranteed their child will receive a FAPE.
    •  (20 USC 1400).
    ]]>     2019-10-07 01:42:19 UTC https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394224035     Slide #8: Federal Regulations Related to IDEA agarciascience https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394224059
  • Under 34 CFR § 300.501, parents are afforded access to all educational records concerning their child which are collected, maintained, or used by the school for special education purposes. 
  • Parents have the right to participate in and make decision during the ARD process. 
  • Parents have the right to assist in developing their child’s individual education plan (IEP).
  • Parents have the right to determining appropriate services.
  • Parents have the right determine appropriate placement. 
    • (34 CFR § 300.501). 
    ]]>     2019-10-07 01:42:26 UTC https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394224059     Slide #9: Doug C. v. Hawaii Department of Education agarciascience https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394224089
  • The court found Hawaii’s Department of Education violated the procedural requirement of IDEA. 
  • The student’s parent notified the school that he was unable to attend the ARD meeting due to illness and requested the meeting be rescheduled. 
  • The school offered to conduct the meeting via phone call, but parent requested he be present. 
  • When a date to reschedule could not be met, the school held the meeting without the parent. 
  • The Ninth Circuit of Court of Appeals reversed the District Court’s judgement against Doug C. finding that the Hawaii Department of Education violated IDEA’s parental participation requirements.
  • The court found the student was denied of their right to a free appropriate public education (FAPE).
    •  (Doug C. v. Hawaii Department of Education, 2013). 
    ]]>     2019-10-07 01:42:36 UTC https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394224089     Slide #10: Point Isabel ISD Board Policy Manual: Special Education ARD Committee and Individualized Education Program agarciascience https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394224112 This section includes a description of parental rights during the ARD process. 
    • The district ensures that each ARD committee include a parent of the child with a disability.
    • If the parent cannot attend, the district must provide other means of participation, including phone call.
    • The district must provide written notice of a meeting in the parent's native language or translate orally if necessary.
    (Point Isabel ISD Board Policy Manual, 2018).
    ]]>     2019-10-07 01:42:42 UTC https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394224112     Slide #11: ASCA's Ethical Standards agarciascience https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394224132 Section A.1 of the American School Counselor Association's ethical standards outlines the responsibilities of counselors in supporting student development. It states that although counselors are not part of the diagnosis process, they are responsible for understanding how a diagnosis may affect academic success. It also states counselors must be aware of the importance of parental/guardian involvement. Another relevant ethical standard is understanding laws, regulations, and policies concerning parental rights (ASCA, 2016).]]> 2019-10-07 01:42:49 UTC https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394224132 Slide #12: Non-Law Source: Partners Resource Network agarciascience https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394224148 This non-profit agency provides assistance and support in resolving issues with the school that may interfere with a child having a free appropriate public education. It provides guidance for parents in understanding their rights and responsibilities under IDEA (Partners Resource Network, n.d.).]]> 2019-10-07 01:42:54 UTC https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394224148 Slide #13: Recommendations/Best Practices for Compliance agarciascience https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394224186
  • Provide a written agenda, either a copy or posted for all ARD participants to view.
  • Establish a process of recording issues that are brought up that may need to be addressed at a later date. 
  • Clearly state the purpose/goal of the meeting.
  • Keep all statements positive.
  • Provide pre-planning or pre-conferencing opportunities when necessary. 
  • Update parent information regularly. This ensures parents are receiving necessary notice.
  • Provide information in native language, a translator, or oral translation.
  • Review laws concerning ARD process.
  • Understand confidentiality rules.
    • ]]>     2019-10-07 01:43:06 UTC https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394224186     Slide #14: References agarciascience https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394247138 American School Counselor Association. (2016). ASCA Ethical Standards
    for School Counselors    . Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

    American School Counselor Association. (2016). The school counselor and students with disabilities. Retrieved from https://www.schoolcounselor.org/asca/media/asca/PositionStatements/PS_Disabilities.pdf

    Doug C. v. Hawaii Department of Education, 61 EDELR91, 720 F.3d 1038 (9th Cir.2013).
     
    Opportunity to Examine Records; Parent Participation in Meetings, 34 CFR § 300.501.

    Partners Resource Network. (n.d.). Partners resource network can help. Retrieved from https://prntexas.org/

    Point Isabel ISD board policy, special education ARD committee and individualized education program, 2018. Retrieved from https://pol.tasb.org/Policy/Download/258?filename=EHBAB(LEGAL).pdf

    Samuels, C. (2019, Jan. 8). 10 big ideas: Special education is broken. Education Week. Retrieved from https://www.edweek.org/ew/articles/2019/01/09/special-education-is-broken.html

    Swaby, A. (2016, Dec. 14). 

    South Texans claim school districts withheld special ed. Texas Tribune. Retrieved fromhttps://www.texastribune.org/2016/12/14/south-texas-parents-advocates-claim-districts-with/

     
    The Individuals with Disabilities Act, 20 USC § 1400.
     
    U.S. Const. amend. XIV.
    ]]>     2019-10-07 03:47:11 UTC https://padlet.com/agarciascience/cn9mk0xwkyv6/wish/394247138