ARD Requirements by Angela Walden https://padlet.com/awalden8/zdvhs4swhbc6 Legal guide for ARD Requirements en-us 2019-10-01 22:32:13 UTC 2025-12-20 23:15:40 UTC hello@padlet.com Slide 1 - My Professional Perspective awalden8 https://padlet.com/awalden8/zdvhs4swhbc6/wish/392192363 I am taking the professional perspective of a school counselor. I work at a school that includes Pre-Kindergarten through Twelfth grade in the same building. This Legal Guide Padlet is a resource guide for educators who are or might become involved in the Admission, Review, and Dismissal (ARD) process. I chose this topic because many educators view ARD committee meetings as a chore that they have to complete, but do not put much thought into them. The ARD process is important because if the proper procedures are not followed, legal action can be taken.]]> 2019-10-01 22:56:38 UTC https://padlet.com/awalden8/zdvhs4swhbc6/wish/392192363 Slide 2 - Interview awalden8 https://padlet.com/awalden8/zdvhs4swhbc6/wish/392195574 I interviewed Leesa Pyles. She is one of the diagnosticians in Sweetwater Independent School District. She works in the co-op and serves schools outside of Sweetwater. Diagnosticians work with ARD requirements almost on a daily basis.

Why are ARD requirements important to Pre-K through 12 educators?

Mrs. Pyles explained that ARD requirements are important to educators because all educators must help ensure students with disabilities receive a free and appropriate education (FAPE). In addition, ARD requirements are not suggestions for best practice. They are written in federal and state laws. She also explained that failure to follow ARD requirements could result in a due process hearing.

Best Practices for ARD committee meetings
Mrs. Pyles articulated what she considered three best practices for ARD meetings. 
  • Ensure the proper committee members are in attendance at the ARD meeting. The ARD committee consists of at least one regular education teacher, at least one special education teacher, an administrator or a designee,  a diagnostician, and the child's parents.
  • Make sure the child's parent is invited and if they need to reschedule, try to do so within the legal time frame. She went on to elaborate that late ARD meetings are highly discouraged, but stated they can be started, recessed, and then restarted when the parent can be in attendance. Mrs. Pyles also stated that if the parent is in agreement, they can attend by phone. 

Emerging Issues

When asked about any emerging issues, Mrs. Pyles stated that dyslexia testing is starting to fall under the special education umbrella. She stated that there may be some legal cases in the future but was not sure of any right now. She also stated that changes in guidelines for STAAR Alt 2 are becoming more strict. ARD committees need to be aware of the changes so that students are not incorrectly recommended for the testing. 
(L. Pyles, personal communication, September 30, 2019)
]]> 2019-10-01 23:13:19 UTC https://padlet.com/awalden8/zdvhs4swhbc6/wish/392195574 Slide 3 - Professional Association awalden8 https://padlet.com/awalden8/zdvhs4swhbc6/wish/392195653 The National Association of Special Education Teachers has a question and answer section that members can access. In issue number 69, members can read more about scheduling individualized education team (IEP) team meetings. Additionally, members can educate themselves on who comes to an ARD and what factors need to be considered by the team.

National Association of Special Education Teachers. (n.d.) Questions and answers on when the IEP team meets. Retrieved from https://www.naset.org/index.php?id=4055


]]> 2019-10-01 23:13:50 UTC https://padlet.com/awalden8/zdvhs4swhbc6/wish/392195653 Slide 9 - Required ARD Committee Members awalden8 https://padlet.com/awalden8/zdvhs4swhbc6/wish/392195775 Tex. Educ. Code § 89.1050

Administrative Law

This law discusses the Admission, Review, and Dismissal Committee (ARD) Committee. It states that the school district is responsible for all of the functions that the IEP team is responsible for under federal law and lists those laws. It states that the school districts must take steps to ensure that one or both parents are present at each ARD committee meeting or are offered the opportunity to participate. The code outlines the notification timeframes for parents. It also articulates what is to happen if the committee members are not in agreement. 

 

]]> 2019-10-01 23:14:21 UTC https://padlet.com/awalden8/zdvhs4swhbc6/wish/392195775 Slide 10 - Local Administrative Law awalden8 https://padlet.com/awalden8/zdvhs4swhbc6/wish/392195903 The Loraine School Board has a local policy regarding the ARD committee and Individual Education Programs. They follow state and federal laws almost verbatim. A reader interested in ARD policies in Loraine can find information on who must be on the ARD committee and the responsibilities of the committee. 

Loraine Independent School District. (2017). Board policy manual. Retrieved from https://pol.tasb.org/Policy/Download/900?filename=EHBAB(LEGAL).html&title=SPECIAL%20EDUCATION&subtitle=ARD%20COMMITTEE%20AND%20INDIVIDUALIZED%20EDUCATION%20PROGRAM]]> 2019-10-01 23:14:55 UTC https://padlet.com/awalden8/zdvhs4swhbc6/wish/392195903 Slide 13 - Best Practices for ARD Compliance awalden8 https://padlet.com/awalden8/zdvhs4swhbc6/wish/392196001
  • Know and follow the laws for ARD committee meetings.
  • Ensure parents are notified in advance of ARD committee meetings. Failure to do so could result in a due process hearing. 
  • If parents request rescheduling of an ARD meeting, make every effort to accommodate the parents, especially if a change of placement is on the agenda. 
  • Consider an ARD facilitator in cases of difficult ARD meetings. 
  • Adhere to deadlines for ARD committee meetings. If the meeting is going to be delayed past the due date, start the meeting by the deadline and then recess it. It can be completed after the deadline.
  • Maintain confidentiality. If a confidential counseling situation needs to be discussed with a parent and not with the rest of the committee, have that discussion in private. 
    • ]]>     2019-10-01 23:15:24 UTC https://padlet.com/awalden8/zdvhs4swhbc6/wish/392196001     Slide 5 - Current News Article #2 awalden8 https://padlet.com/awalden8/zdvhs4swhbc6/wish/392196113 This article discusses a way to engage families in the IEP process. 
    • Federal regulations state that schools have to ensure language barriers do not hinder parent access to essential school and district information. Schools have hired translators, but with the increasingly diverse population, schools can sometimes struggle to find human translators. Digital tools can help overcome this barrier.
    • In IEP meetings, digital translators can help schools abide by Title VI of the Civil Rights Act. If a human translator is not available, a digital translator can help ensure that parents are able to fully participate in ARD committee meetings just as a native English speaking parent would be able to participate. 

    Mathewson, T.G. (2016, December 22). Digital tools help districts overcome language barriers to family engagement. Education Dive. Retrieved from https://www.educationdive.com/news/digital-tools-help-districts-overcome-language-barriers-to-family-engagemen/432890/
    ]]>     2019-10-01 23:15:55 UTC https://padlet.com/awalden8/zdvhs4swhbc6/wish/392196113     Slide 12 - Non-Law Source awalden8 https://padlet.com/awalden8/zdvhs4swhbc6/wish/392196198 Texas Education Service Center Region 4 has a Facilitated IEP meeting quick reference guide available on their website. It includes several tips for educators to help with facilitated ARD meetings, including a list of acronyms and their meanings. 

    Region 4 Education Service Center. (2012). FIEP. Retrieved from https://sites.google.com/site/region4escfiep/]]>     2019-10-01 23:16:16 UTC https://padlet.com/awalden8/zdvhs4swhbc6/wish/392196198     Slide 8 - ARD Committee Required Members awalden8 https://padlet.com/awalden8/zdvhs4swhbc6/wish/392196221 20 U.S.C. § 1414(d)(1)(B)(i)

    Statutory Law

    This code states that a parent must be part of the IEP team. The code goes on to say the team must consist of at least one of the child’s regular education teachers, one special education teacher, an administrator, and someone who can interpret the tests given to the child. The code also states that the child and other people who have special knowledge of the child may also be in attendance. 

    ]]>     2019-10-01 23:16:23 UTC https://padlet.com/awalden8/zdvhs4swhbc6/wish/392196221     Slide 7 - Free Public Schools awalden8 https://padlet.com/awalden8/zdvhs4swhbc6/wish/392196293 Tex. Const. art 7 § 1

    Constitutional Law

    This section of the Texas Constitution states that it is the legislature’s duty to establish a system of free public schools. 

    ]]>     2019-10-01 23:16:42 UTC https://padlet.com/awalden8/zdvhs4swhbc6/wish/392196293     Slide 11 - Ethical Principle awalden8 https://padlet.com/awalden8/zdvhs4swhbc6/wish/392196331 School counselors are often tasked with ARD committee responsibilities even though they are generally not a part of a school counselor's counseling duties. Because of this, ARD or IEP committees are not specifically mentioned in the American School Counselor Association's (ASCA) Ethical Standards for School Counselors. However, the ASCA Ethical standards do discuss confidentiality. School counselors have to remember that when they are a part of an ARD committee, they must maintain confidentiality. There are people in ARD meetings that may not have a need to know specific information that a counselor may have about a child. 

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

    ]]>     2019-10-01 23:16:52 UTC https://padlet.com/awalden8/zdvhs4swhbc6/wish/392196331     Slide 4 - Current News Article #1 awalden8 https://padlet.com/awalden8/zdvhs4swhbc6/wish/392196351 This article discusses an opinion issued by the U.S. Department of Labor (DOL) regarding the Family Medical Leave Act (FMLA) and IEP meetings. The DOL stated in their letter that parents are allowed to use FMLA intermittently to attend IEP meetings for their child. The article also discussed the role of principals in the IEP  process. 

    • This opinion gives educators a tool to assist families in participating in the IEP process. 
    • Principals are responsible for ensuring the IEP is followed. They should also fully participate in the IEP meeting. 
    • Principals can help the IEP process by getting to know the student and also debriefing the teachers after the IEP meeting. 

    Jacobson, L. (2019, August 13). Labor dept. rules IEP meetings a valid reason for family and medical leave. Education Dive. Retrieved from https://www.educationdive.com/news/labor-dept-rules-iep-meetings-a-valid-reason-for-family-and-medical-leave/560715/
    ]]>     2019-10-01 23:16:58 UTC https://padlet.com/awalden8/zdvhs4swhbc6/wish/392196351     Slide 6 - Including Parents in the ARD Committee awalden8 https://padlet.com/awalden8/zdvhs4swhbc6/wish/392196370  Doug C. v. State of Hawaii Board of Education, 720 F.3d 1038 (9th Cir. 2013). 

    Judicial Law

    This case emphasizes the importance of parent participation in Individual Education Plan (IEP) meetings. The court ruled that the scheduling needs of the parent are more important than the scheduling needs of the school. They also determined that parental approval is needed for changes in a child’s placement. 

    ]]>     2019-10-01 23:17:04 UTC https://padlet.com/awalden8/zdvhs4swhbc6/wish/392196370