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ADMISSION, REVIEW, AND DISMISSAL 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 and for whom a full and individual initial evaluation is conducted. The ARD committee shall be the individualized education program (IEP) team defined at 34 CFR 300.321.

Responsibilities of ARD Committee

The responsibilities of the ARD committee and the School include:

  1. Evaluation, reevaluation, and determination of eligibility for special education and related services;
  2. Placement of students with disabilities including disciplinary changes in placement;
  3. Development of the student’s IEP;
  4. Compliance with the least restrictive environment standard;
  5. Compliance with state requirements for reading diagnosis and state assessments;
  6. Development of personal graduation plans;
  7. Evaluation, placement, and coordination of services for students who are blind, or visually impaired, deafblind, and who may have additional disabilities; and
  8. Determining eligibility for extracurricular activities, under Education Code 33.081.

19 TAC 89.1050(a); 34 CFR 300.116(a), .321(a)

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 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 at TSBVI. 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)

Committee Members

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

  1. The parents of a child with a disability;
  2. At least one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);
  3. At least one special education teacher*, or, if appropriate, at least one special education provider of the child;
  4. At least one special education teacher* certified in deficient vision;
  5. 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 education curriculum; and
    3. Is knowledgeable about the availability of resources of the district;
  6. A representative of TSBVI 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 education and expanded core curriculum; and
    3. Is knowledgeable about the availability of resources of the School;
  7. 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 2-4);
  8. The child, if appropriate; and
  9. Other individuals* who have knowledge or special expertise regarding the child at the discretion of the district or the parent;
  10. For a child with an auditory impairment, including deaf-blindness, a teacher who is certified in the education of children with auditory impairments;
  11. For a child with a visual impairment, including deaf-blindness, a teacher who is certified in the education of children with visual impairments;
  12. For a child with limited English proficiency, a member of the language-proficiency assessment committee (LPAC), when selecting assessments; and
  13. When considering initial or continued placement of a student in a career and technical education program, a representative from career and technical education, preferably the teacher.

20 U.S.C. 1414(d)(1)(B); 34 CFR 300.321; 19 TAC 75.1023(d)(1), 89.1131(b)(3)–(4), 101.1005

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

A TSBVI member of the ARD committee shall not be required to attend an IEP meeting, in whole or in part, if the parent and TSBVI agree in writing that the attendance is not necessary because the member’s area of the curriculum or related services is not being modified or discussed during the meeting.

A TSBVI member of the ARD committee may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of curriculum or related services if the parent, in writing, and the School consent to the excusal and the member submits,

in writing, to the parent and the ARD committee, input into the development of the IEP before the meeting.

20 U.S.C. 1414(d)(1)(C); 34 CFR 300.321(e)

Membership for Transition Meetings

If the purpose of the meeting is to consider postsecondary goals and the transition services needed to assist a student in reaching those goals, the local school district shall invite:

  1. 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.
  2. To the extent appropriate, and with the consent of the parent or adult student, a representative of any other agency that is likely to be responsible for providing or paying for transition services.

34 CFR 300.321(b) [See EHBAD]

PARENT INVOLVEMENT

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:

  1. Notifying the parents of the meeting early enough to ensure that they will have an opportunity to attend (the notice shall include the purpose, time, and location of the meeting, who will be in attendance, that persons with knowledge or special expertise may be invited by either the parent or a district, and that the Part C service coordinator or other representatives of the Part C system may be invited to the initial meeting for a child previously served under a Part C early childhood intervention program);
  2. 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.

34 CFR 300.322(a)-(b); 19 TAC 89.1045

Alternative Means of Meeting Participation

If neither parent can attend an ARD meeting, the local school district and the School shall use alternative means of meeting participation, such as individual or conference telephone calls. 20 U.S.C. 1414(f); 34 CFR 300.322(c)

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 300.322 (d)

Meetings

TSBVI in collaboration with each student’s local school district shall initiate and conduct ARD committee meetings for the purpose of developing, reviewing, and revising the IEP of a child with a disability. The committee shall review each child’s IEP periodically, and, if appropriate, revise the IEP. A meeting must be held for this purpose at least once a year. The ARD committee must also determine the child’s placement once a year.

A “meeting” does not include informal or unscheduled conversations involving district 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)(4); 34 CFR 300.116(b)(1), 300.324(b), (c)(1)

Meeting at Parent’s Request

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

TRANSFER STUDENTS

If a student transfers districts, and the student had a previous IEP in place at TSBVI, the School will provide the child with FAPE, including services comparable to those described in the previous IEP, in consultation with the parents until0., in the case of a student who transfers within the state, the local district adopts the previous IEP or develops, adopts, and implements a new IEP.

20 U.S.C. 1414(d)(2)(C)(i); 34 CFR 300.323(e)–(f)

Transfer of Records

TSBVI shall promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous district.

The previous district shall take reasonable steps to promptly respond to the request from TSBVI.

20 U.S.C. 1414(d)(2)(C)(ii); 34 CFR 300.323(g)

INDIVIDUALIZED EDUCATION PROGRAM (IEP)

The local district and TSBVI shall develop, review, and revise an IEP for each enrolled student. 20 U.S.C. 1412(a)(4); 34 CFR 300.320(a)

At the beginning of each school year, TSBVI shall have in effect an IEP for each enrolled. 20 U.S.C. 1414(d)(2)(A); 34 CFR 300.323(a)

The term “individualized education program” means a written statement for each child with a disability that includes:0.

  1. A statement of the child's present levels of academic achievement and functional performance;
  2. A statement of measurable annual goals, including academic and functional goals;
  3. A description of how the child’s progress toward the annual goals will be measured and when periodic reports on the progress of the child will be provided;
  4. A statement of the specific special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child;
  5. A statement of the program modifications or supports for school personnel that will be provided for the child;
  6. 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;
  7. The projected dates for initiation of services and modifications and the anticipated frequency, location, and duration of these services and modifications;
  8. A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on state or districtwide assessments;
  9. If the ARD committee determines that the child must take an alternative assessment instead of a particular regular state or district-wide assessment, a statement of why the child cannot participate in the regular assessment and why the particular assessment selected is appropriate for the child;
  10. Beginning not later than the first IEP to be in effect when the child is 14, or younger if determined appropriate by the ARD committee, and updated annually thereafter, a statement of appropriate, measurable postsecondary goals and transition services needed to assist the child in reaching those goals [see EHBAD]; and
  11. Beginning not later than one year before the child reaches the age of 17, a statement that the child has been informed of the rights that will transfer to the child upon reaching the age of majority.

20 U.S.C. 1414(d); 34 CFR 300.320; Education Code 29.0111; 19 TAC 89.1055

The written statement of a student’s IEP may be required to include only information included in the model form developed by TEA under Education Code 29.0051(a) and posted on the TEA web site. The School may use the model form to comply with the requirements for an IEP under 20 U.S.C. 1414(d).

Education Code 29.005(f), .0051

Translation of IEP Into Native Language

If the parent is unable to speak English and Spanish is the parent’s native language, the local district or

TSBVI shall provide a written or audiotaped copy of the student’s IEP translated into Spanish. If the parent’s native language is other than Spanish or English, the School shall make a good faith effort to provide a written or audiotaped copy of the student’s IEP translated into the parent’s native language. Education Code 29.005(d); 19 TAC 89.1050(e)

The ARD committee shall also consider:

  1. 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.
  2. 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.
  3. 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).
  4. 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.
  5. Whether the child requires assistive technology devices and services.
  6. 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

Autism/Pervasive Developmental Disorder

For students with autism/pervasive developmental disorders the following strategies shall be considered by the ARD committee, based on peer-reviewed, research-based educational programming practices to the extent practicable and, when needed, addressed in the IEP:

  1. Extended educational programming;
  2. Daily schedules reflecting minimal unstructured time and active engagement in learning activities;
  3. In-home training and community-based training or viable alternatives that assist the student with the acquisition of social/behavioral skills;
  4. Prioritized behavioral support strategies based on relevant information;
  5. Beginning at any age, futures planning for integrated living, work, community, and educational environments that considers skills necessary to function in current and post-secondary environments;
  6. Parent/family training and support provided by qualified personnel with experience in Autism Spectrum Disorders (ASD);
  7. Suitable staff-to-student ratio appropriate to identified activities and as needed to achieve social/behavioral progress based on the child’s developmental and learning level (acquisition, fluency, maintenance, generalization) that encourages work towards individual independence;
  8. Communication interventions, including language forms and functions that enhance effective communication across settings;
  9. Social skills supports and strategies based on social skills assessment/curriculum and provided across settings;
  10. Professional educator/staff support; and
  11. Teaching strategies based on peer-reviewed, research-based practices for students with ASD.

If the ARD committee determines that the services are not needed in one or more of the items listed in 1-11 above, the IEP shall include a statement reflecting that decision and the basis upon which the determination was made.

19 TAC 89.1055(e)-(f)

Visual Impairment

The School ensures that certified teachers of the visually impaired and certified orientation and mobility specialists provide services to students with visual impairments as required in Education Code 30.002. 19 TAC 89.1131

COLLABORATIVE PROCESS

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 agreement of the required members, if possible. The ARD committee may agree to an annual IEP or an IEP of shorter duration.

Ten-Day Recess

When agreement about all required elements of the IEP is not achieved, the parent or adult student (see 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 a disciplinary alternative education program. (See FOE).

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 to reach 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 agreement.

The date, time, and place for continuing the ARD committee meeting shall be determined by agreement before the recess.

Failure to Reach Agreement

If, after the ten-day recess, the ARD committee still cannot reach agreement, the School shall implement the IEP that it has determined to be appropriate for the student. 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 EHBAE.

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)

MODIFICATION OF EXISTING IEP

Changes to the IEP may be made either by the entire ARD committee or by amending the IEP by agreement, rather than redrafting the entire IEP.

After the ARD Committee meeting that develops an annual IEP, the parent and district may agree not to convene an IEP meeting for the purposes of making changes to the IEP and instead may develop a written document to amend or modify the child’s current IEP.

Upon request, a parent shall be provided with a revised copy of the IEP with amendments incorporated.

To the extent possible, the local district and TSBVI shall encourage the consolidation of reevaluation meetings for the child and other ARD meetings for the child.

20 U.S.C. 1414(d)(3)(D)–(F); 34 CFR 300.324(a)(4)–(a)(6)

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, 6/5/13

Reviewed: