EHBAB - SPECIAL EDUCATION STUDENTS: INDIVIDUALIZED EDUCATION PROGRAM (IEP) AND ARDS

ARD COMMITTEE

The local school district that has referred a student for placement at the School shall establish an admission, review, and dismissal (ARD) committee for each eligible student referred. The ARD committee shall be the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 CFR 300.344. The local school district shall be 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. 19 TAC 89.1050(a)

The local school district may request the School's assistance and participation in the ARD meetings to fulfill the functions for which the IEP team is responsible.

MEETINGS

In coordination with the School, the local school district shall initiate and conduct ARD committee meetings for the purpose of developing, reviewing, and revising the IEP of a student at the School. The committee shall review each student's IEP periodically, and, if appropriate, revise the IEP. A meeting must be held for this purpose at least once a year. A meeting does not include informal or unscheduled conversations involving local school district or TSBVI personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provisions if those issues are not addressed in the child's IEP. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

20 U.S.C. 1414(d); 34 CFR 300.501(b)(2), 300.343

NEW STUDENTS

The school district in which the student was previously enrolled and that is referring the student for special education services at TSBVI shall provide the School with specific records requested by the School prior to the student's acceptance for admission to the School.

Within five days of a new student's enrollment at TSBVI, TSBVI will convene an ARD Committee meeting with the student's local school district and parent(s).

The ARD committee may determine that it has appropriate evaluation data and other information to develop and begin implementation of a complete IEP for the student; or

The ARD committee may determine that valid evaluation data and other information from the previous school district are insufficient or unavailable to develop a complete IEP. In this event, the ARD

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committee may authorize the provision of temporary special education services pending receipt of valid evaluation data by the School or the collection of new evaluation data by the School. In this situation, a second ARD committee meeting must be held within 30school days from the date of the first ARD committee meeting to finalize or develop an IEP based on current information.

In accordance with Education Code 25.002, the school district in which the student was previously enrolled shall furnish TSBVI with a copy of the student's records, including the child's special education records, not later than the 30th calendar day after the student was enrolled in the new school district. The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, does not require the student's current and previous school districts to obtain parental consent before requesting or sending the student's special education records if the disclosure is conducted in accordance with 34 CFR 99.31(a)(2) and 99.34.

19 TAC 89.1050(f)

REPORT

The written report of the ARD committee shall document the decisions of the committee with respect to the issues discussed at the meeting. The report shall include the date, names, positions, and signatures of the members participating in each meeting. The report shall also indicate each member's agreement or disagreement with the committee's decisions. In the event Education Code 29.005(d)(1) applies, the local school district shall provide a written or audiotaped copy of the student's IEP. In the event Education Code 20.005(d)(2) applies, the local district shall make a good faith effort to provide a written or audiotaped copy of the student's IEP. The local school district may request TSBVI's assistance in providing the written or audiotaped copy of the student's IEP.

19 TAC 89.1050(e)

MEMBERSHIP

The local school district shall ensure that each ARD committee meeting includes all of the following:

The parents of a child with a disability;
At least one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);
At least one special education teacher*, or, if appropriate, at least one special education provider of the child;
At least one special education teacher* certified in deficient vision;
A representative of a district who:
1. Is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities;
2. Is knowledgeable about the general curriculum; and
3. Is knowledgeable about the availability of resources of the district;
An individual* who can interpret the instructional implications of evaluation results, who may be a member of the ARD committee (who may be a member of the committee listed in items 2-6);

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The child, if appropriate; and
Other individuals* who have knowledge or special expertise regarding the child at the discretion of a district or the parent.

* The local school district may request TSBVI to provide these members of the ARD committee from the TSBVI staff.

Transition Planning

If the purpose of an ARD Committee meeting is to consider transition services for a student, the local school district shall invite:

The student. If the student does not attend, the local school district or the School shall take steps to ensure that the student's preferences and interests are considered.
A representative of any other agency that is likely to be responsible for providing or paying for transition services. If such a representative is invited but does not attend, the local school district or TSBVI shall take other steps to obtain the participation of the other agency in the planning of any transition services.

34 CFR 300.344; 19 TAC 89.1050 (See "transition services" under DEFINITIONS at EHBA)

COLLABORATIVE PROCESS-TEN-DAY RECESS

All members of the ARD committee shall have the opportunity to participate in a collaborative manner in developing the IEP. Decisions concerning the required elements of the IEP shall be made by mutual agreement of the required members, if possible. The ARD committee may agree to an annual IEP or an IEP of shorter duration.

When mutual agreement about all required elements of the IEP is not achieved, the parent or adult student (see "transition services" under DEFINITIONS at EHBA and ADULT STUDENTS at EHBAD for more information on rights of adult students) who disagrees shall be offered a single opportunity to have the committee recess for a period not to exceed ten school days. This recess is not required when:
1. The student's presence on campus represents a danger of physical harm to the student or others;
2. The student has committed an expellable offense; or
3. The student has committed an offense that may lead to placement in an alternative education program. (See FOE).
4. These requirements do not prohibit the members of the ARD committee from recessing an ARD committee meeting for reasons other than failure of the parents and the other members of the ARD committee from reaching mutual agreement about all required elements of an IEP.
During the recess, the committee members shall consider alternatives, gather additional data, prepare further documentation, and/or obtain additional resource persons to enable the committee to reach mutual agreement.
The date, time, and place for continuing the ARD committee meeting shall be determined by mutual agreement prior to the recess

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If after the ten-day recess, the ARD committee still cannot reach mutual agreement, the School shall implement the IEP that it has determined to be appropriate for the student.
When mutual agreement is not reached, a written statement of the basis for the disagreement shall be included in the IEP. The members who disagree shall be offered the opportunity to write their own statements.
When TSBVI implements an IEP with which the parents or adult student disagree, the local school district shall provide prior written notice in compliance with the notice provisions described at EHBAD.
Parents shall have the right to file a complaint, request mediation, or request a due process hearing at any point, when they disagree with ARD committee decisions.

19 TAC 89.1050(h)

DISCIPLINE

For procedures involving discipline of students with disabilities, see FOE.

PARENTAL PARTICIPATION IN ARD COMMITTEE

The local school district shall invite the parents and adult student to participate as members of the ARD committee by providing written notice, as described at EHBAD. The local school district and TSBVI shall take steps to ensure that one or both parents of a student with a disability are present at each ARD committee meeting or are afforded an opportunity to participate, including:

Notice of the purpose, time, and location of the meeting, who will be in attendance, and that persons with knowledge or special expertise may be invited by either the parent or a district;
Scheduling the meeting at a mutually agreed on time and place.

If the purpose of the meeting is to consider transition services, the notice must also indicate this purpose, indicate that the local school district and TSBVI will invite the student, and identify any other agency that will be invited to send a representative.

20 U.S.C. 1414(d); 34 CFR 300.345 (a), (b); 19 TAC 89.1045 (a)

If neither parent can attend an ARD meeting, the local school district and the School shall use other methods to ensure parental participation, including individual or conference telephone calls. An ARD meeting may be conducted without a parent in attendance if the local school district and TSBVI are unable to convince the parents that they should attend, but the local school district and TSBVI shall have a record of its attempts to arrange a mutually agreed on time and place, such as detailed records of telephone calls, correspondence, or visits made or attempted and the results of any of those actions. 34 CFR 300.345(c), (d)

Meeting at Parent's Request

A parent may request an ARD committee meeting at any mutually agreeable time to address specific

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concerns about his or her child's special education services. The local school district and TSBVI must respond to the request by holding the meeting or requesting TEA's assistance through the mediation process. The local school district and TSBVI shall inform parents of the functions of the ARD committee and the circumstances or types of problems for which requesting an ARD committee meeting would be appropriate. 19 TAC 89.1045(b)

TEACHER INVOLVEMENT

The regular education teacher of a student with a disability (if the student is participating in regular education), as a member of the ARD committee, shall, to the extent appropriate, participate in the development, review, and revision of the student's IEP, including assisting in the determination of appropriate positive behavioral interventions and strategies and supplementary aids and services, program modifications, or supports for school personnel that will be provided for the student. 34 CFR 300.346(d)

TSBVI shall have procedures to ensure that each teacher involved in a student's instruction has the opportunity to provide input and request assistance regarding the implementation of the student's IEP. These procedures shall include a method for a student's regular education teacher (if the student has any portion of the school day in a regular education class) or special education teachers to submit requests for further consideration of the student's IEP or its implementation. In response to this request, the local school district in collaboration with TSBVI shall determine whether further consideration is necessary and whether this consideration will be informal or will require an ARD committee meeting. If the School or the student's local school district determines that an ARD committee meeting is necessary, the student's current regular and special education teachers shall have an opportunity to provide input.

The School shall also ensure that each teacher who provides instruction to a student with disabilities receives relevant sections of the student's current IEP and that each teacher be informed of specific responsibilities related to implementing the IEP, such as goals and benchmarks, and of needed accommodations, modifications, and supports for the child.

19 TAC 89.1075(c)

INDIVIDUALIZED EDUCATION PROGRAM (IEP)

The IEP developed by the ARD committee for each student with a disability shall include:

A statement of the child's present levels of educational performance;
A statement of measurable annual goals, including benchmarks or short-term objectives;
A statement of the specific special education and related services and supplementary aids and services to be provided to the child and a statement of the program modifications or supports for school personnel that will be provided for the child;
An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in extracurricular and nonacademic activities;

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The projected dates for initiation of services and modifications and the anticipated frequency, location, and duration of these services and modifications;
A statement of how the child's progress toward the annual goals will be measured and how parents will be informed-at least as often as parents of nondisabled students receive such notice-of this progress;
A statement of any individual modifications in the administration of state or districtwide assessments; and
Beginning at age 14 (or younger, if appropriate), and updated annually, a statement of the transition service needs of the student.

The ARD committee shall also consider:

In the case of a child whose behavior impedes his or her learning or that of others, when appropriate, strategies, including positive behavioral interventions, and supports to address that behavior.
In the case of a child with limited English proficiency, the language needs of the child as those needs relate to the child's IEP.
Instruction in Braille and the use of Braille unless the ARD committee determines, after an evaluation of the child's reading and writing skills, that instruction in Braille is not appropriate for the child. The IEP shall also include the elements required by Education Code 30.002(e).
The communication needs of the child, and in the case of a child who is deaf or hard of hearing, the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode.
Whether the child requires assistive technology devices and services.
If the ARD committee determines that the student is in need of extended school year (ESY) services, goals and objectives for ESY services from the student's current IEP.

20 U.S.C. 1414(d); 34 CFR 300.346(a), 300.347(a), (b); 19 TAC 89.1055

ACCELERATED READING INSTRUCTION PROGRAM

The admission, review, and dismissal committee of a student who does not perform satisfactorily on a reading instrument (see EKC) shall determine the manner in which the student will participate in an accelerated reading program. However, the accelerated reading instruction program may be implemented only if the Commissioner certifies that funds have been appropriated during a school year for administering the accelerated reading instruction program. Education Code 28.006

PROMOTION

The ARD committee of a student who does not perform satisfactorily on:

The third grade reading assessment instrument;
The fifth grade mathematics and reading assessment instrument; or
The eighth grade mathematics and reading assessment instrument

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shall determine the manner in which the student will participate in an accelerated instructional program (see EIE) and whether the student will be promoted or retained. Education Code 28.0211

For students with autism/pervasive developmental disorders, information about the following shall be considered and when needed, shall be addressed in the IEP:

Extended educational programming;
Daily schedules reflecting minimal unstructured time;
In-home training or viable alternatives;
Prioritized behavioral objectives;
Prevocational and vocational needs of students 12 years of age or older;
Parent training; and
Suitable staff-to-students ratio.

If the ARD committee determines that the services are not needed in one or more of the items listed in 1-7 above, the IEP shall include a statement reflecting that decision and the basis upon which the determination was made.

20 U.S.C. 1414(d); 34 CFR 300.346(a), 300.347(a), (b); 19 TAC 89.1055

IEP TO PARENT

The School shall provide a copy of the IEP to the parent at no cost to the parent. 34 CFR 300.345(f)

If the child's parent is unable to speak English, the School or the student's local school district shall:

Provide the parent with a written or audiotaped copy of the child's IEP translated into Spanish if Spanish is the parent's native language; or
Make a good faith effort to provide the parent with a written or audiotaped copy of the child's IEP translated into the parent's native language, if that language is other than Spanish.

Education Code 29.005(d)

PLACEMENT DECISIONS

Before initial placement occurs, the student's local school district shall obtain written consent as defined in 34 CFR 300.500. 19 TAC 89.1050(d), (e) (See EHBAA for details concerning parental consent)

EXTENDED SCHOOL YEAR (ESY) SERVICES

The student's local school district shall ensure that extended school-year services are available as necessary to provide a student with a disability with a free appropriate public education.

The need for extended school year (ESY) services must be determined on an individual student basis by the ARD committee. In determining the need for and in providing ESY services, the student's local

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school district may not limit ESY services to particular categories of disability or unilaterally limit the type, amount, or duration of ESY services. The need for ESY services must be documented from formal and/or informal evaluations provided by the School and/or the student's local school district or the parents. The documentation shall demonstrate that in one or more critical areas addressed in the current IEP objectives, the student has exhibited or may reasonably be expected to exhibit severe or substantial regression that cannot be recouped within a reasonable period of time. "Severe or substantial regression" means that the student has been or will be unable to maintain one or more acquired critical skills because of the absence of ESY services.

If the student's ARD committee does not propose ESY services for discussion at the annual review of a student's IEP, the parent may request that the ARD committee discuss ESY services. If a student for whom ESY services was considered and rejected loses critical skills because of the decision not to provide ESY services, and if those skills are not regained after the reasonable period of time for recoupment, the ARD committee shall reconsider the current IEP if the student's loss of critical skills interferes with the implementation of the student's IEP.

20 U.S.C. 1412(a)(1), 1413(a); 34 CFR 300.309; 19 TAC 89.1065

TRANSITION PLANNING (ITP)

For each student with a disability beginning at age 14 (or younger, if determined appropriate by the ARD committee), and updated annually, the IEP shall include a statement of the transition service needs of the student under the applicable components of the student's IEP that focuses on the student's courses of study. For each student beginning at age 16, the IEP shall include a statement of needed transition services, including, if appropriate, a statement of the interagency responsibilities or any needed linkages. 34 CFR 300.347(b)

INSTRUCTIONAL DAY

An instructional day commensurate with that of students who do not have disabilities shall be available to students with disabilities. The ARD committee shall determine the appropriate instructional setting and length of day for each student and specify these requirements in the student's IEP. 19 TAC 89.1075(d)

PERSONNEL ASSIGNED TO STUDENTS WITH VISUAL IMPAIRMENTS

The School shall have written procedures for the provision of services to students with visual impairments as required in Education Code 30.002(c)(10). 19 TAC 89.1075(b)

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GRADUATION

Graduation with a regular high school diploma terminates a student's eligibility for special education services. In addition, as provided in Education Code 42.003(a), graduation with a regular high school diploma terminates a student's entitlement to the benefits of the Foundation School Program. For students who receive a diploma according to 19 TAC 89.1070(c), the ARD committee shall determine needed educational services upon the request of the student or parent to resume services, as long as the student meets the age requirements. (See ELIGIBILITY at EHBAA)

Graduation from high school with a regular diploma constitutes a change in placement that requires written prior notice to parents. 34 CFR 300.122(a)

20 U.S.C. 1412(a)(1), 1413(a); 34 CFR 300.122; 19 TAC 89.1070 (See EIF)

Adopted: 1/24/02
Amended: 1/30/04
Reviewed:

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