ARD Requirements by Jordan Smith https://padlet.com/jdaigle5/EDG6305LegalGuide EDG 6305- Module 7: Legal and Ethical Principles Guide for Educators en-us 2020-06-08 04:25:01 UTC 2020-07-18 04:19:01 UTC hello@padlet.com https://padlet.net/icons/png/1f5c2.png #1 My Professional Perspective jdaigle5 https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616054764 My Role: Assistant Principal
Audience: Campus Staff
Topic: ARD Requirements
Reason for Selection: When working with special populations there are many extra precautions and services required that can lead to legal litigation if not addressed properly. ]]> 2020-06-08 04:35:21 UTC https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616054764 #2 Interview jdaigle5 https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616055289 How do the ARD Requirements impact your work? 
  • The ARD requirements really set the rules and expectations for the Special Education ARD process. ARD requirements are the legal guidelines that dictate many things like time frames, best practices, and resources and contacts needed when unique or questionable situations occur.
Are there legal requirements or compliance issues you regularly monitor or have to be attentive to in this area?
  • Monitoring placement dates drive students receiving services and eligibility testing before their eligibility expires at the three-year marker. Also, being tentative to newly enrolled students and whether or not they received special services at their previous campus.
Are there any policies or rules you have currently written or revised related to this issue? 
  •  Currently working on procedures for special education services at private entities such as church schools, private schools, mental health facilities, and juvenile detention centers that serve special education students. Recently public school special education department has been expected to assist with private entities and their service of special needs students.
Is there current or pending legislation related to this issue? 
  •  The new legislation about the public school system expected to be responsible for making sure that special needs students receive appropriate services. Possible new legislation related to special education and COVID 19.
Do court cases and their decision impact your work? 
  • We usually study cases and the decisions to decide how to implement procedures and prevent cases within our own district.
Are there certain student or employee rights that relate to this issue? 
  •  There are more rights for the students and parents identified in the ARD requirements.
Can you share a situation related to this issue and how you resolved it? 
  •  One of the challenging things to address is compensatory services, were to want more services or feel as if their student did not receive enough service, to address this it is difficult to organize and get because of finding the budget to pay after-hour services since students can not be pulled out of their classes.
Have you attended or provided any trainings recently on this topic? 
  •  Due to COVID, the annual 48-hour legal training where lawyers come to present cases and popular points to look for.
How do you stay current on this topic?
  •  To stay current on ARD requirements, there are trainings available and subscribe to TEA, SPED network, follow the LawDog blog, and updates from supervisors.


]]> 2020-06-08 04:35:57 UTC https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616055289 #3 Professional Association jdaigle5 https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616055466 Citation: National Association of Special Education Teachers: IEP Components. (2018, August 8). Retrieved July 17, 2020, from Naset.org website: https://www.naset.org/index.php?id=3321
Summary: The article covers the different components of an Individual Education Plan (IEP). An IEP focuses on the general education curriculum, extracurricular activities, and non-academic activities. Goal setting and progress on student goals is significant when meeting and discussing a students individual education plan.
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]]> 2020-06-08 04:36:11 UTC https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616055466 #4 Current News Articles jdaigle5 https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616055924 Link: https://www.educationdive.com/news/supporting-special-needs-students-during-remote-iep-meetings-learning/581460/
Citation: Barack, L. (2020, July 15). Supporting special needs students during remote IEP meetings, learning. Retrieved July 17, 2020, from Education Dive website: https://www.educationdive.com/news/supporting-special-needs-students-during-remote-iep-meetings-learning/581460/
‌Summary: The article discusses ARD/IEP meetings during remote learning platforms being utilized.
  •  Send materials home for parents and students to review prior to the meeting
  • Encourage the use of cameras
  • Ensure that students are getting what they need
  • Concerns - available materials, the impact of virtual learning
]]> 2020-06-08 04:36:41 UTC https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616055924 #5 Current News Articles jdaigle5 https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616056174 Link: https://www.educationdive.com/news/ed-department-idea-waiver-requests-leave-need-for-clarity-and-certainty/576859/
Citation: Naaz Modan. (2020, April 29). Ed Department IDEA waiver requests create need for “clarity and certainty.” Retrieved July 17, 2020, from Education Dive website: https://www.educationdive.com/news/ed-department-idea-waiver-requests-leave-need-for-clarity-and-certainty/576859/
Summary: 
  •  Due to COVID regulations, there may be flexibility for transition timelines under IDEA (Individuals with Disabilities Education Act
If approved
  •  initial evaluations of toddlers will be postponed
  • districts will still be required to provided service for students 3 and up
  • act's passage, educators requested flexibilities around IEP review and complaint timelines, reevaluation requirements, and procedural and fiscal maintenance requirements would be left alone

  •   Strong communication with parents will be key 
  • Communicating extensions on deadlines
]]> 2020-06-08 04:37:00 UTC https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616056174 #6 Original Source of Law - Constitutional Law jdaigle5 https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616056626 Law I:14th Amendment of the United States Constitution is the frame for educational equity
Reference - U.S. Const. Amend. XIV
Source of Law - Constitutional Law
Link - https://www.ourdocuments.gov/doc.php?flash=false&doc=43
        Summary - "No state shall make or enforce any law which shall abridge 
        the privileges or immunities of citizens of the United States; nor shall any
        state deprive any person of life, liberty, or property without due process
        of law, nor deny to any person within its jurisdiction the equal protection
        of the laws" 


]]> 2020-06-08 04:37:37 UTC https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616056626 #7 Original Source of Law - Statutory Law jdaigle5 https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616056787 Law II: Elementary and Secondary Education Act (ESEA)
        Reference - 20 U.S.C. § 6301
Source of Law - Statutory Law
        Link - https://www.govinfo.gov/content/pkg/USCODE-2010-
        title20/pdf/USCODE-2010-title20-chap70-subchapI.pdf
        Summary - Elementary and Secondary Education Act (ESEA) set the 
        standard for equal opportunity for all students including students with 
        disabilities. ESEA is the starting point for educational equity.


]]> 2020-06-08 04:37:50 UTC https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616056787 #8 Original Source of Law - Judicial Law jdaigle5 https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616056888 Law III: Mills v. Board of Education of District of Columbia
        Reference - Mills v. The Board of Education, 1972
Source of Law - Judicial Law
Link - https://disabilityjustice.org/right-to-education/
        Summary - Mills v. Board of Education of District of Columbia addressed 
        that all students should have access to a free and appropriate public 
        education no matter their different abilities.


]]> 2020-06-08 04:37:59 UTC https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616056888 #9 Original Source of Law - Administrative Law jdaigle5 https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616056994 Law IV: Section 504 of the Rehabilitation Act
        Reference - 29 USC § 794
Source of Law - Administrative Law
        Link - https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
        title29-section794&num=0&edition=prelim
        Summary - Section 504 of the Rehabilitation Act forbids discrimination 
        on the basis of disability in activities operated by federal funds 


]]> 2020-06-08 04:38:07 UTC https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616056994 #10 Local Administrative Law/Policy/Rule jdaigle5 https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616057203 Citation: Long, M. (2018). SPECIAL EDUCATION: ARD COMMITTEE AND INDIVIDUALIZED EDUCATION PROGRAM - EHBAB(LEGAL)-P - San Angelo ISD. Retrieved July 17, 2020, from Tasb.org website: https://pol.tasb.org/Policy/Download/1139?filename=EHBAB(LEGAL).html&title=SPECIAL%20EDUCATION&subtitle=ARD%20COMMITTEE%20AND%20INDIVIDUALIZED%20EDUCATION%20PROGRAM
Selection: The policy was chosen because it clearly outlines the components, expectations, and the committee members needed for an ARD meeting.]]> 2020-06-08 04:38:24 UTC https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616057203 #11 Ethical Principle jdaigle5 https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616057376 (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws.
Relation to ARD Requirements: All educators have to comply with laws and policies including IDEA, the ARD requirements, and many other laws and policies that affect special education students and families.
Citation: Texas Administrative Code. (2010). Retrieved July 17, 2020, from State.tx.us 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
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]]> 2020-06-08 04:38:38 UTC https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616057376 #12 Non-Law Source jdaigle5 https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616057539 Citation: Morin, A. (2019, November 25). For Teachers: What to Expect in an IEP Meeting. Retrieved July 17, 2020, from Understood.org website: https://www.understood.org/en/school-learning/for-educators/learning-and-attention-issues-basics/for-teachers-what-to-expect-in-an-iep-meeting
Informs on the Topic: The article gives information to teachers on what to expect in an IEP meeting. 
  • General educations role in special education
  • Required members of an IEP meeting
  • Information on student progress
  • Members can ask questions, raise concern, and suggest solutions
]]> 2020-06-08 04:38:51 UTC https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616057539 #13 Bulleted list of Recommendations / Best Practices for Compliance jdaigle5 https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616057700
  •  Teachers are legally required to follow students accommodations
  • Both general education and special education teachers are responsible for accommodations, tracking student progress, and participating in ARD/IEP meetings
  • Staying up to date on new legislation, rules, and policies related to ARD requirements and special education
  • Come prepared with appropriate materials and data to ARD meetings
  • Make sure the appropriate people are attending the meeting and that there was plenty of time to be notified and prepared
  • Meet ARD timeline and timeframe requirements
    • ]]>     2020-06-08 04:39:04 UTC https://padlet.com/jdaigle5/EDG6305LegalGuide/wish/616057700