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This section is an effort to provide written responses to frequently asked questions in special education. Most of these questions relate to the reauthorization of the Individuals with Disabilities Education Act (IDEA) which was signed by President Clinton in June 1997. The federal government has published (March 1999) the regulations which we must follow. Texas has codified these regulations through our Comissioner's Rules (Texas Education Code, Chapter 89). They were approved by the State Board of Education (SBOE) in 2001. This Q and A may evoke more questions from parents or many of the practitioners in our schools. We will try to keep you updated and informed as we learn more. Thank you for your patience and do not hesitate to call your special education coordinator or director if you wish to discuss any of these answers.
Q. What is special education? A. The term "special education" means specially designed instruction to meet the unique needs of a child with a disability. A child with a disability is defined in the law to be one with mental retardation, hearing impairments (including deafness), hearing impairments, visual impairments (including blindness), emotional disturbance, orthopedic impairment, autism, traumatic brain injury, other health impairments or specific learning disabilities, and needs special education.
Q. What is Section 504? A. Section 504 is an anti-discrimination law passed in 1973. It is not a program and no funding is attached. It simply requires that persons with disabilities must not be discriminated against. All special education students are covered by Section 504. However, some disabled students may not meet the requirements under special education and are simply categorized as disabled under Section 504. Most of these are students with temporary disabilities or those not qualified for special education services.
Q. What is an ARD? A. An ARD is an Admission, Review and Dismissal Committee is a meeting of school professionals and parents. It determines if the student is eligible, needs special education, designed as individualized education program (IEP) and determines the best place to implement that program. The ARD takes place at Admission to services, again on an annual basis and upon dismissal on graduation. Present at the ARD are parents, the student, if appropriate, the regular education teacher, a special education teacher and a representative of the district familiar with services. Others who may attend include therapists, evaluation experts and other persons familiar with the child.
Q. Explain the role of the regular education teacher in the Admission, Review and Dismissal/Individualized Education Program process pending more clarification from the federal or state regulations. How will regular education teachers be able to attend ARDs? A. According to IDEA '97 at least one regular ed. teacher must attend if the child is or may be participating in the regular ed environment. Laredo ISD has always encouraged the participation of general education teachers at their student's ARD. IDEA '97 seems to be encouraging what LISD practices. All professionals responsible for the education of disabled students are welcome at that student's ARD and always have been. Participation and feedback from general education teachers is often vital to the ARD process. We think that some of the other defined members can wear two hats. That is, a regular teacher, an administrator or special educator in many cases can interpret evaluation results. LISD allows that teachers are very busy with other students. While it is not encouraged, we do allow general education teachers to leave the meeting after the IEP has been developed so that they can get back to class, if necessary.
Q. Are therapists (OT, PT, Speech Pathologist) "required" in ARDs? (e.g., if they are providing direct or group services, writing goals, etc.) A. In the case where the therapist represents assessment, then the therapist is a required member of the ARD committee. In the case of speech pathologists, they may need to represent special education instruction if speech is the only disability. Generally, related service therapists should try to attend and participate in ARD meetings if at all possible. Often, for practical reasons, the related services IEP can be supplied to the committee without actually having the therapist present.
Q. On the ARD form, a location of either regular or special education settings must be noted in the schedule section. What does this mean? Does this have any impact on speech services when in the instructional schedule? A. - This requirement is an effort to accurately reflect the "place" where the student receives services. It enables ARDs to better reflect services which occur in the least restrictive environment of regular education. If "reg" is marked, it means that the service, e.g., occupational therapy, is provided in an integrated setting with regular education peers regardless of location. Speech services would be reflected the same way. If services are in the regular room with regular peers, then the schedule should indicate this type of integrated service under "reg." If the service is "pull-out", then indicate "sp". The ARD Committee, not the related service provider chooses where to deliver the related service.
Q. Will ARDs cover academic year or
calendar year? A. Either option is within compliance. We must ensure all students have a meeting annually to review progress and plan for the future year. (see Jessica Small V. Humble ISD... must be within 12 months to the day).
Q. Is there a requirement that annual ARDs address transition services needs for students beginning at age 14? A. Yes, the statute requires that "beginning at age 14, and updated annually, a statement of the transition service needs of the child under the applicable components of the child's IEP that focuses on the child's courses of study (such as participation in advanced placement courses or a vocational education program)" be included. This is called an Individualized Transition Plan (ITP) Further, if the purpose of the ARD is to address transition services needs, then the student must be invited to the ARD. If the student does not attend, the district must take steps to ensure that the student's preferences and interests are considered. The ARD notice must include that the purpose of the meeting is to develop a statement of the transition services needs of the student and that the student is invited. Ensure that a discussion of the courses the student needs in order to achieve career goals are in the ARD. If a current ITP exists, then referencing it in the ARD would suffice. (e.g. appropriately updated annually to focus on courses of study). The ITP must occur before the IEP so that any educationally needed services can appear in the IEP.
Q. Parent involvement in the construction of the IEP is heavily emphasized in IDEA '97. How do we communicate to parents that their suggestions or additional deliberations will be considered but may not become part of the IEP? A. Should a parent bring outside information to share at an ARD, the ARD chairperson should indicate that the committee is pleased to receive the information and the committee will review it and consider if any components of it should be incorporated into the student's IEP. Parental input can be very helpful and should be valued. However, the school is responsible for providing a free appropriate public education and must make decisions that are sound educationally, not just because one committee member or outside professional wants information included or particular services provided.
Q. Since staffing allocations are not part of an ARD, what if parents want to have an ARD to obtain a teacher assistant for their child? What if the parents request that it be "in writing" that their child will have a 1:1 teacher assistant? Can they write on our forms? A. Staffing decisions are not part of the ARD. An ARD committee should discuss the level of supervision needed for the student at various times of the day or in particular subjects. If a parent requests an ARD to discuss more assistance, ask questions to ascertain the parents' concern related to more staff. Many times, by breaking the student's day into a schedule, it becomes clear whether or not more support or supervision is needed for any activities.The committee outlines the student's needs and develops measurable goals and short-term objectives. If the need exists for closer supervision at some point during the day, then the deliberations should reflect this need. The ARD is the school's record of the meeting. (Commissioner's Rules 89.1050 (5)-"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 in their own statements"). Parents may choose to include their own documentation of the meeting on a separate sheet of paper, which, if completed at the ARD, can be attached and numbered into the ARD. If, after the ARD, a parent brings in a document, then the pages are not numbered as part of the ARD but should be included in the folder. Special Education Campus Coordinators need to contact district special education coordinators well before these issues are discussed at ARD. If this is not feasible, the ARD may need to be recessed so the district can research this issue.
Q. Does an ARD discuss methodology? A. The ARD should not discuss specific methodology. The ARD may certainly discuss the possible strategies or methods which will be used to address the goals. However, the day-to-day instructional methods and approaches used to implement the IEP are the responsibility of the teacher, who must have the flexibility to adjust strategies and methods as the student's needs change. The methods or instructional strategies should not be written into the IEP and an ARD is not required to change methods. Individualized modifications and specifics of a student's needs (based upon assessment) are still required to be documented in the ARD.
Q. Is an ARD still required if a student makes an F in two consecutive reporting periods? A. An ARD is no longer required for consecutive Fs. However, teachers should be monitoring grades and adjusting teaching strategies if appropriate to assist the student toward mastery of the curriculum. If it could later be shown that a teacher did not follow appropriate modifications or that an ARD was not held to address lack of progress, the student would be eligible for compensatory services and even damages of some sort if legal action by the parent determined that instructional progress was lost because of lack of modifications. Well-documented reasons for student failure can be defended if the IEP was followed correctly. Examples of these are: absences, illness, medication changes, refusal to do work, etc .Keep in mind that an ARD must be held to address any lack of expected progress toward the annual goals and/or in the general curriculum, where appropriate. 29 USC (d)(4)(A)(ii)(l).
Q. Redefine parent attendance (i.e., at initial, dismissals, and review meetings). When can an ARD be held without parent presence? Can initial and dismissal ARDs be held without the parent in attendance? What about notification efforts. How many times do we reschedule a meeting? A. Parents must be invited to every ARD meeting and be given at least two opportunities to reschedule the meeting at a mutually agreeable time. If, after two attempts, a mutually agreeable time cannot be reached and the District would be out of compliance (e.g., no current IEP), then parents should be notified that the meeting must go be held because the district must have a program for the student. If neither parent can attend, the school may use other methods to ensure parent participation, including individual or conference telephone calls. A meeting may be conducted without a parent in attendance if the District is unable to convince the parents that they should attend. (Note: Services cannot initially begin for a newly identified student until the parent signs the initial ARD and agrees to placement and services.) Good documentation on efforts to get parents to all ARD meetings is essential. There is a good form for this available.Written, detailed records could include phone calls that are made and attempted as well as the results of the calls, copies of notes sent to parents and any responses received as well as detailed records of visits to home or place of employment and the results. Parents are always given the right to amend or discuss meetings they could not attend at a future date or at a future ARD.
Q. Is the requirement for measurable goals and short-term objectives or benchmarks new? How do we collect data on progress? A. The federal law has always required goals and short-term objectives. Now, the goals must be measurable. The allowance of the term benchmarks (major milestones) is new. The federal Office of Special Education Program (OSEP) sees the addition of benchmarks and short-term objectives as providing more flexibility, saving time, and reducing paperwork (possibly) by no longer including unnecessarily detailed curriculum objectives in the EP. The new focus is intended to produce attention to the modification strategies and adjustments necessary for students with disabilities to access the general curriculum and the special education services which may be needed in particular areas. Some see milestones or benchmarks as short-term objectives that every child should be making efforts to attain. Reporting progress toward goals and objectives is not a new requirement. Collecting data on progress should be done as part of ongoing classroom instruction. Work samples, tests, projects, etc. can all be used to document progress toward measurable goals. There should be a reporting schedule and format for this accountability process.
Q. In IDEA '97, the "general curriculum" is mentioned often. What does it mean that an IEP must address how the student will be involved and progress in the general curriculum? A. IDEA '97 emphasizes that the ARD committee must make an individualized determination regarding how a student will participate in the general curriculum, and what, if any, educational needs which may not be met through the regular curriculum should be addressed in the IEP. The IEP's annual goals should focus on how the child's needs, resulting from his/her disability, can be addressed so that the child can participate, at the individually appropriate level, in the general curriculum offered to all students. If the child can participate in the general curriculum with commonly used modifications in regular classes, then annual goals would not have to be developed for each area, (e.g. English, reading, math). Only the area of the student's disability (based on assessment) would need to have goals. The state has one curriculum for all students, the Texas Essential Knowledge and Skills (TEKS). Students with disabilities may be on a different grade level in the curriculum than their age-appropriate peers. If so, then annual goals addressing where the student performs along the curriculum continuum would be needed. The federal interpretation of the law is clear that the general curriculum applies to the content and not the setting in which the curriculum is taught. It should be mentioned that students taught in special education settings also have access to the general curriculum. At the secondary level, the general curriculum is more difficult to define for disabled students not taking the Texas Assessment of Knowledge and Skills (TAKS) or not expected to graduate except by IEP. Students are taught the general curriculum at their instructional level (which may not be their grade level). A student's disability, evaluation and IEP determine their instructional level and placement. If the rest of the general education class is working far above the academic functioning level of a student with disabilities, then the placement may necessarily be in a separate special education setting.
Q. Are IEP goals and objectives needed when a student is in all regular classes? A. Yes, an IEP is required for all students with disabilities who are eligible for special education services (even if the only service they receive is monitoring or consultation by the special education teacher). If a student receives all subjects within regular education classes, the IEP might focus on modifications, study skills, personal/social goals, or many other areas of individual need based on evaluation.
Q. Is an IEP report card required for all special education students? A. Yes and no IDEA '97 requires that parents of students with disabilities must be regularly informed (at least as often as parents of non-disabled students) of their child's progress toward annual goals and the extent to which this progress is sufficient to enable the child to achieve the goals by the end of the year. For some students, the regular report card does report their progress. If the IEP goals are different than what can be reported on the regular report card. Then there will be an IEP Report Card provided to parents. How a student's parents are to receive reports on progress must be discussed at the annual ARD.
Q. What is a good reason for exempting students from standardized tests, such as the TAKS? A. IDEA '97 and Texas legislation (HB1800) both require more accountability for students with disabilities. Starting in 1998-99 TAAS results for students receiving special education services were included in the evaluations to determine1999 campus ratings. This has continued to the present. Special education student results were aggregated with all other student TAAS results at the campus and/or district level. The alternative assessment for special education students not served on grade level or for whom testing modifications would invalidate test results are tested using the State Developed Alternative Assessment (SDAA). If the student is unable to use paper and pencil tests, then alternative portfolio or video assessments are used. Prior to determining whether the student participating in special education should be exempted from taking the TAAS(now TAKS), the ARD committee should review the following: 1) Present competencies/level of academic achievement, and/or achievement of IEP goals: (i.e. what are current functioning levels?) 2) History and degree to which IEP requirements reflect academic preparation for the TAKS: (i.e. did student have access to general curriculum (TEKS)? Was student taught TAAS/TAKS test objectives?). 3) Current modifications in instruction and/or assessment required by IEP (With appropriate accommodations, would the assessment appropriately measure the student's progress?). Are there instructional accommodations routinely employed for instruction and allowed by TAKS? The ARD committee should carefully consider the information and only recommend exemption or SDAA if the student has truly not been taught most of the objectives tested and if taking the assessment, even with appropriate accommodations, would cause significant emotional distress to the student. Blanket exemptions or SDAA decisions are never recommended. The committee should consider each tested area separately in making the decision for each student.
Q. What is a manifestation determination? A. A "manifestation determination" is a decision about the relationship of the behavior subject to disciplinary action and the student's disability and IEP. An ARD committee first discusses the specific behaviors that resulted in disciplinary action. Then the committee reviews relevant information about the student, and the student's IEP and placement. Based on the consideration of all relevant information, the ARD committee may determine that the behavior is not a manifestation of the student's disability only when the following conditions are met: *in relationship to the behavior subject to disciplinary action, the student's IEP and placement were appropriate and the special education services, supplementary aides and services, and behavior intervention strategies were provided consistent with the student's IEP and placement; *If these are appropriate and current, then the ARD committee must determine if: (1) the student's disability impaired the ability of the student to understand the impact and consequences of the behavior subject to disciplinary action, and (2) the student's disability impaired the ability of the student to control the behavior subject to disciplinary action. *Note: If the student's IEP is not consistently followed, the school cannot contend that the behavior is not a manifestation of the disability. (see form SPE 263-09-97T)
Q. When is a manifestation determination required? A. A manifestation determination is required when: *School takes action on a drug /weapon offense. *School seeks a state hearing officer's approval of an interim placement for a dangerous student. *School proposes a change of placement for
more than 10 days because of a code NOTE: The Federal Regulations specify that a manifestation determination is needed for any student suspended or removed for more than 10 days cumulative during the year. Remember, in Texas, three days is the maximum incident suspension limit. The intent was to consider the "adverse impact on the student if the student is repeatedly suspended without any effort to determine whether the student should be punished for his/her behavior." Suspensions of less than 10 cumulative days may be handled as suspensions have been handled in the past, i.e. the administrator decides whether to suspend. When a student reaches 10 days of suspension (cumulative) an ARD should be convened to do a manifestation determination before a student may be suspended again. It is likely that by this time a category three hearing or Central Office hearing may be going forward. If not, be sure to hold an ARD if you are getting to the 10 days. ISS may be part of a suspension if the IEP is not being implemented in the ISS so it is important to keep accurate records on these days.
Q. Do students who have been removed or expelled continue to receive a free appropriate public education? A. Yes. Students who have been removed or expelled for more than 10 days (cumulative) continue to receive the services specified in their IEP. The ARD committee must ensure that the student removed or expelled continues to receive the following: *Participation in general education curriculum, although in another setting; *Services and modifications in the current IEP; *Services and modifications designed to address the behavior so that it may not recur again..
Q. In discipline situations, regarding review of data, IEP and placement, must we review all objectives written? Are attendance and grades discussed at this point? A. Yes to both parts of this question. Each goal and objective does not have to be read and analyzed in-depth but documented progress should be discussed in general. It is important to discuss all of these areas to verify for the committee whether new goals, a change in placement, etc. could be needed or if the placement is somehow causing the behavior to occur (not enough structure, supervision, etc.).
Q. What if we get to the discipline hearing and the evaluation is not current? Are there any new rules in this area? A. Evaluation should be current. A triennial review ARD could be held at this time so that you get "current". Parents must agree to discuss these issues and necessary staff should be present. The 10-day rule is in effect so testing must be up to date before an ARD committee can change any placements after the 10 days. An extension for change of placement beyond 10 school days requires an agreed upon ARD committee decision.
Q. What is a functional behavioral assessment? What is a Behavior Intervention Plan (BIP)? Who is responsible for the functional behavioral assessment? A. A functional behavioral assessment is a new term (although no definition is provided) and new requirement in IDEA '97. It must be done to develop a BIP (another new term) if one does not exist and the school is considering a removal or expulsion hearing. We are interpreting FBA to mean a review and compilation of existing functional data such as: comprehensive evaluation data, anecdotal records related to behavior (e.g. precipitating events, events following behavior), documentation of success or failure of a behavioral contract, observation and descriptive data (from staff and parents), current BIP, reinforcers and consequences used in the past as well as the effectiveness of the reinforcers and/or consequences. This information can be discussed at the ARD and documented in the deliberations and FBA form. The U.S. Department of Education's assistant secretary has been quoted as saying that "in essence, (this) is not a new provision because behavioral assessments are something that should have been happening previously." So, it appears that this "new" requirement is merely a more formal process to document ways in which we identify behaviors, find the cause and intervene. If we have students with a history of behavior problems for whom a BIP does not exist, the school would be hard-pressed to remove or expel under the new law.
Q. Does the use of restraint need to be outlined in the BIP if that is a technique that could be employed as an intervention? A. The Texas legislature in 2001 passed SB1196. Rules are in place to address this issue. The interventions in the BIP should be "possible" interventions. Words like "such as" should be used since interventions are comparable to methodology, which does not have to be documented in the ARD, and can change as the educator determines necessary. Regarding restraints, district policy permits the use of restraint in the event of immediate danger. If restraint was going to be used with some frequency it should be listed as a possible intervention on the BIP. It is required that staff using restraint be trained by a trainer certified in proven methods of restraint (e.g.. Crisis Prevention Intervention) and should be discussed and approved with parents at the ARD.
Q. When you modify a BIP, is it best to keep behaviors broad and not specific? A. Behaviors should be specific and not subjective. For example, "aggression" is general and subjective. To address the behavior with appropriate interventions and consequences, one should specify what aggression looks like, e.g., hits others when angry. Ask questions like "what exactly is the student doing?" What does it look like? The target behaviors may need to be prioritized. They should always be listed such that there is little room for interpretation. The BIP should include strategies, including positive behavioral interventions and supports to address behaviors that interfere with learning.
Q. If the behavior is listed in the student code of conduct and the student can follow the code, do you need to modify the BIP to address the behavior? A. It would depend on the behavior and the modifications required in the BIP For example, since drugs/alcohol are non-educational, we would not want to modify the BIP to address educational interventions designed to prevent use of drugs/alcohol. However, we may need to include behavioral interventions. Also the student's past behavior may indicate that the particular incident involved is an exception to typical behavior of the student. This behavior may not result in BIP modification. This type of behavior should be discussed by the ARD Committee: (e.g.. why did the student bring contraband/alcohol/weapon to school? etc.)
Q. Is truancy a behavior problem? How about attendance issues (e.g., head lice)? A. The behaviors that must be addressed on the BIP are different for each student. Truancy is a symptom of behavior rather than the behavior. A conference should be held to address truancy and the regular education process for addressing attendance on all students should be followed. If an ARD is needed to address a schedule change or some other intervention that might lead to better attendance then one should be held. An ARD does not necessarily need to be held to address the regular attendance process that is used for all students.
Q. The law talks about a 45-day removal. When can the 45-day removal be used? A. When a student has a weapon at school or a school function or knowingly possesses, uses, or sells drugs, then an administrator can send the student to an interim AEP for up to 45 calendar days. Either before or not later than 10 days after taking the disciplinary action, an ARD needs to convene to conduct a functional behavioral assessment (if one has not already been done), review or develop a BIP and do a manifestation determination. The student may remain in the AEP for the 45 days even if the weapon or drug behavior is determined to be a manifestation. The ARD committee could decide to return the student to the current placement prior to the end of the 45 calendar days or to send the student to another placement at that time.
Q. Webb County has a Juvenile Justice Alternative Education Program (JJAEP), how do we write an IEP for placement at JJAEP? A. The committee should plan a program addressing the core curriculum areas based on the student's needs. The program should not look very different from the student's existing program. Electives and vocational courses are not necessarily available. The JJAEP has certified special education staff to meet IEP needs. If the JJAEP becomes the appropriate setting because of the student's engaging in expellable behaviors, a special education coordinator will assist the ARD Committee in this process.
Q. Can we tell the police that the student is in special education? A. IDEA '97 states that a school district reporting a crime committed by a student with a disability shall ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities it reports the crime. You can, if necessary, tell the police officer that the student is in special education but records should not be given to the officer at that time. While the law does not specify, we believe that you may share the following with the appropriate court authorities: current IEP, current assessment and discipline records for the current school year. We notify the parent that these records will be shared with the courts if they give us permission to do so. (Parent release is required when the school has reported the crime that led to arrest.) Note: Request for records from the courts when the district has not reported the crime continues to also require a signed parent release before records are provided (unless we have a subpoena or a court order).
Q. What is the Explanation of Rights and Procedural Safeguards of a Parent with a Child with Disabilities in Schools? Does it still have to be given at each ARD? How do we document that the parents received it? A. This document spell out the rights of parents and students under the special education law. The document is a front/back 5-page document. It must be given to parents of students with disabilities, adult students or to students with disabilities as they reach 17: * Upon initial referral for evaluation (provided by general ed). In LISD we will get a receipt only at this time or at a Transfer ARD. * Upon each notice of annual ARD * Upon each consent for assessment (new or triennial review) * Upon a school district's request for a due process hearing (not a parent's) * Upon considering removal for more than 10 days to an alternative education program (AEP). This document must be provided on the first day of removal pending the ARD meeting. The consent for evaluation, which requires a parent's signature, documents that the parent was given a copy of his/her rights. The ARD notice requires that you document directly on the form the date the rights were given (which would be date notice sent home or given to parent) and to whom the rights were given. The statute requires that students be notified of their rights at least a year prior to age of majority (17). The district has determined that explaining the rights document to 16-year old students at their individual transition planning meetings would be an ideal time.
Q. Is the Explanation of Rights and Procedural Safeguards of a Parent with a Child with Disabilities in Schools be available in Spanish? A. Yes, the forms have been translated and are available.
Q. Does a student with disabilities have to graduate with the same number of credits as any other student? A. Yes, a student with disabilities must meet at least the minimum number of credits required by the district in order to graduate. Even students graduating through their IEP rather than through regular TAKS requirements must have 24 credits. Although the credit requirements for graduation must be met, the course requirements (4 credits in English, etc.) do not have to be met. The ARD committee must determine which courses are appropriate. Local credit (LC) pr courses may be part of the total credits and are often given to students such as those in Applied Learning Environments (ALE) or taking courses which do not include all the TAKS objectives. A graduation plan is required to be done in the eighth grade and updated at each annual ARD. A Graduation Supplement form must be completed at the Dismissal/Graduation ARD..
Q. Is consent required for all evaluations? What information must be attached to the consent? Does it differ for each type of evaluation? A. Parental consent is required for all evaluations. Initial placement and evaluation always needs consent. Staff must make at least two attempts to obtain future evaluation consents prior to proceeding with that evaluation. These two attempts are to be documented on the consent form. This is true for the triennial review as well. Caution: This is the case only if you have documented, reasonable measures to obtain consent and the parent has failed to respond. (Due process or mediation may be required if the parent communicates to you that they refuse to allow evaluation In this case the District will consult with it's attorney to decide if the District wishes to pursue legal action against the parent.). For related service evaluations performed outside of the initial or triennial review process, the ARD committee paperwork should reflect the reasons for the related service (OT, PT, speech, etc.) evaluation and consent is required as above.
Q. What should we do if we want to evaluate a student, but the parents don't want us to do it? A. The District has an obligation of "child find" in that it must be sure it identifies and serves all disabled students who reside within its boundaries (who are not in private or home schools). The "last resort" in this situation might require the District to file for a due process hearing. However, prior to this step much conversation with various staff including our parent liaison and social workers should occur. In some instances this refusal may be considered as educational neglect and might then involve a referral to Child Protective Services (CPS). Special education coordinators can help individual schools handle this situation and should be notified when there are consent problems.
Q. We have had parents walk out of ARD meetings, what do we do? A. Do not end the meeting. Complete the tasks at hand and note, in writing, that the parents chose to leave. The ARD decisions (paperwork) should be mailed to the parents. The minutes might also end with a statement such as: "The parent is always welcome to request another ARD to discuss the decisions made in this meeting. The committee meeting went forward to make decisions which were reasonably appropriate for this student." Special Education Coordinators need to be notified of these situations because a letter must be sent to the parent by the appropriate Special Ed. Director (Elementary or Secondary) in these cases. This situation is referred to as a "disagreement" ARD, and we will not be able to implement the ARD decision for 5 school days.
Q. I have heard that if a parent brings an attorney to an ARD that the district must also have their attorney present. Is this still true? A. Yes, this policy still exists in our district. However, IDEA '97 no longer allows for attorneys to recover costs for attending an ARD. Perhaps we will see a decrease in the presence of parent attorneys at ARD meetings.
Q. Does IDEA '97 address standards? A. In Section 300. l (a) under Purposes, IDEA '97 states that Free Appropriate Public Education (FAPE) must be "designed to meet (students') unique needs and prepare them for employment and independent living." Independent living is defined in a note under the federal regulations as "a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, in order to maximize the leadership, empowerment independence and productivity of individuals with disabilities " into the mainstream of American society." A letter from the office of Special Education Programs (OSEP) notes that the addition of "employment and independent living" represents a significant shift in the emphasis of special education to an outcome oriented approach that focuses on better results for children with disabilities rather than on simply ensuring their access to education." Later in the law, it is noted that the individualized education program (IEP) is the "centerpiece" of each student's program based on individual. The IEP is the curriculum prediction of a student's rate of progress to accomplish individual goals. An analogy could be made regarding health. Each child needs different medication to maintain or get healthy. We would never give the same medication to all children just as we would not use the same IEP for each student. The only standard for students with a disability is that they have access to education, that their unique needs are addressed and that we work to accomplish "employability and independent living".
Q. What about disabled students we know are home schooled or in private schools? Do we need an annual ARD for every one of them? A. Not any more. It seems to be that IDEA '97 requires the District to annually "offer" our services. We send a letter to this group of students offering our services. The letter is similar to the "ready, willing and able" letters which we must send to all parents who withdraw their children to attend private schools or home school.
Q. What about the IDEA '97 section which requires districts to not discipline if there is someone who "has reason to believe" the child may be disabled? A. The scenario goes like this: A principal has determined that a student has violated the District's Code of Conduct and has just completed a category 3 hearing or the hearing is being held at Central Office and someone suddenly says (often the parent) that they suspect or have reason to believe that Johnny might have a disability. IDEA '97 makes it clear that an immediate referral to special education must occur if parents want such testing. A Section 504 Committee may meet to determine that to discipline Johnny at this point would be somehow discriminatory. That 504 Committee would need evaluation data, but would still need to create an appropriate accommodation plan for Johnny, and would be required to discuss manifestation or link just as the ARD process requires. If there is a link then a normal discipline AEP may not be the appropriate placement. That 504 Committee would need to meet within ten days of the date that the issue of disability was raised. Remember, Section 504 is a non-discrimination law, not a program. The 504 Committee needs to be sure that whatever it decides does not appear to be discriminatory.
Q. Is there a basic rule to be remembered about giving notice? A. Yes. One could not begin to memorize all
of the provisions in federal law and regulations when notice must be
given, but what it all boils down to is this: if significant change is
proposed in relation to the student's program, written notice of what is
proposed must be given and an ARD meeting held. If something important is
going to be changed about the student's program, give written notice
describing what will be changed and why. If the proposed change rises to
the level of a change in placement, that change in the services to be
provided, the change cannot be effected without written notice and an ARD
meeting. This, of course, means that the written notice must state what is
proposed, the time and date of the meeting and who will be present. Too
often, the well-meaning ARD is held with the correct subject stated on the
notice (e.g. annual review, change of placement, manifestation
determination following a discipline hearing with a possible placement
change, etc.) only to end up in a meeting talking about something else. In
such a case, be sure to document in the minutes of the meeting that the
committee, including the parents have agreed to discuss this new area.
There are many reasons where notice is not required. These include:
changing a class which does not need to change an IEP, changing a teacher,
changing an assistant, changing a schedule, etc. An ARD and/or notice is
not required, by law to do these things and many more. ARD meetings can be
time consuming. They should only be held to discuss an IEP, evaluation or
placement as a result of the
IEP. |
