ARD 101

Welcome to the Admission, Review, and Dismissal or ARD 101 introduction video. In this video, we will provide a fundamental understanding of the ARD committee and help strengthen your knowledge of the legal requirements of the ARD Committee, its membership, and its role in special education. The laws and procedures can sometimes be confusing and overwhelming, but this training will help clarify the requirements. The video will address each of the following topics, types of ARD committee meetings and timelines, including student transfers, notification of meeting, and parent request for an ARD committee meeting. Please note that this presentation is copyrighted by the Texas Education Agency. If you have any questions or need any further information, please contact copyrights@TEA.texas.gov. Throughout this video, when the term parent or parents is used, the term includes the definition aligned to Title 34 of the Code of Federal Regulations, Section 300.30. That definition includes biological or adoptive parent, foster parent, guardian, an individual acting in the place of a biological parent with whom the child lives or is legally responsible for the child's welfare, or a surrogate parent, as defined in Title 34 of the Code of Federal Regulations Section 300.519. When parent is used throughout this video, this may include an adult student where appropriate. Throughout the video, we will reference helpful resources. Here is one that is especially important to the content and structure of this training. This Technical Assistance Individualized Education Program or IEP development from the Texas Education Agency provides helpful general information for local educational agencies or LEAs, also known as the public school districts and charter schools in our state, and parents to develop an IEP that is individualized and based on the unique needs of the child and enables him or her to work towards grade level content standards and achieve challenging goals. We encourage you to reference this resource to expand your knowledge further and improve your practice. Scan the QR code to access this resource on the Texas SPED support website. Here are important legal and state resources to keep at your fingertips for information regarding requirements for ARD committees. The Texas legal framework is an updated web based platform to assist stakeholders such as LEAs, advocates, and parents in learning about state and federal laws and regulations by providing rich resources regarding obligations and rights for the provision of free and appropriate public education in the least restrictive environment to students with disabilities. Scan the QR code to access the Texas legal framework website. The parents guide to the ARD process is designed to give parents of children who are or may be eligible for special education and related services a better understanding of the special education process and their procedural rights and responsibilities so that they can fully participate in the decision making process regarding their child's education. Here are our learning objectives for this training. Participants will build knowledge and gain an understanding of the following: Different types of ARD committee meetings Requirements for notification of an ARD committee meeting In this section, we will review the ARD committee's responsibilities. Before we begin talking about ARD committee meetings, let's talk about meetings for students from birth through two years of age. For a student from birth through two years of age with a visual impairment or who is deaf or hard of hearing, an individualized family services plan or IFSP meeting must be held in place of an ARD committee meeting. In accordance with Title 34 of the Code of Federal Regulations, Sections 300.320 through 300.324, and the memorandum of understanding between the Texas Education Agency or TEA and the Texas Health and Human Services Commission or THHSC. For students three years of age and older, school districts must develop an IEP. Each LEA must establish an ARD committee for each eligible student with a disability and for each student for whom a full and individual initial evaluation is conducted. Following an initial evaluation, the ARD committee meets to decide whether the student meets eligibility requirements, develop an IEP if appropriate, and determine what special education and related services will be provided. The ARD committee is the IEP team defined in federal law and regulations. The ARD committee determines whether the student is a student with a disability and the student's educational needs. The ARD committee develops the IEP, and the group determines the student's educational placement. The placement decision is made by a group of persons, including the parents and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options, as stated in Title 34 of the Code of Federal Regulations Section 300.116-A1. The ARD committee will meet on or before the previous year's annual ARD committee meeting date to discuss and review progress on the previous goals and objectives and determine the student's needs for the next year of service. There are times when it may be appropriate for the ARD committee to meet more than one time per year. These ARD committee meetings may be held to revise the student's IEP. These meetings will be discussed in more detail later in the training. Let's review the types of ARD committee meetings. There are three types of ARD committee meetings, admission or initial, review and revision, and dismissal. We will review each one in more detail next. Before we delve into the types of ARD committee meetings, we wanna highlight that requirements related to ARD committee meetings, including notifications and notices, may be stated as calendar days or school days. It is important to pay close attention to all required timelines. According to Texas Administrative Code Section 89.1011 I, a school day does not include a day that falls after the last instructional day of the spring school term and before the first instructional day of the subsequent fall school term. In the case of a school that operates under a school year calendar without spring and fall terms, a school day does not include a day that falls after the last instructional day of one school year and before the first instructional day of the subsequent school year. After reviewing the full and individual initial evaluation, the ARD committee must determine whether the student has a disability, and because of the disability, the student needs special education and related services. This first meeting to determine eligibility is often called the initial ARD committee meeting. Next, we will review two flowcharts provided as handouts to assist you with ensuring that the initial ARD committee meeting and eligibility determination occur within timelines. For initial ARD committee meetings to be compliant with timelines, you need to understand the initial referral timeline. This flowchart, the Special Education Initial Referral Timeline, provides an overview of the timeline and legal requirements for a referral for an initial special education evaluation from the point of campus or parent request for a referral for an initial evaluation to the initial ARD committee meeting, where eligibility is determined and may be another helpful resource for ensuring timelines and legal requirements are implemented. We encourage you to download this resource and keep it handy to ensure timelines and requirements are fulfilled. Scan the QR code to access this resource on the Texas sped support website. It is also important to take note of the variations in the typical timelines for when an initial ARD committee meeting will need to be held to determine eligibility. These variations are based on when the parent signs the consent for evaluation during the school year. This flowchart, the special education full and individual initial evaluation or FIIE timeline, assists staff in determining due dates for initial evaluations. A written report of a student's FIIE must be completed no later than the forty fifth school day following the date the school district receives written consent for the evaluation from the student's parent. However, if the school district received the written consent for the evaluation from the student's parent, at least thirty five but less than forty five school days before the last instructional day of the school year, the written report of an FIIE of a student must be provided to the student's parent not later than June thirtieth of that year. If written consent was obtained with less than thirty five school days remaining in the previous school year whose initial evaluations are still in progress and will have a due date in the new school year. This scenario is outlined in the third section of this flowchart For students under five years of age by September first of the school year and not enrolled in public school and for students enrolled in a private or homeschool setting, the written evaluation report is due not later than the forty fifth school day following the date on which the school district receives written consent for the evaluation from the student's parent. Absences do not apply. We encourage you to download this resource and keep it handy for future use to ensure timelines are met. Scan the QR code to access this resource on the Texas SPED support website. The ARD committee must make decisions regarding the student's initial eligibility determination and, if appropriate, develop an IEP within thirty calendar days from the date of the completed FIIE report. It is important to remember that eligibility must be determined within thirty calendar days, not just the meeting held. For example, suppose the initial meeting is scheduled on day twenty nine, but the ARD committee must recess and does not determine eligibility. In that case, the meeting will not comply with the timeline. So it is recommended that initial meetings be scheduled as soon as possible, but not later than five to ten days prior to the due date to determine eligibility. Title 19 of the Texas Administrative Code, section 89.1011 H, requires a copy of the written FIIE report to be provided to the parent as soon as possible after completion of the report, but no later than five school days prior to the initial ARD committee meeting. Please note, if the school district received the written consent for the evaluation from the student's parent at least thirty five but less than forty five school days before the last instructional day of the school year, the written report of an FIIE of a student must be provided to the student's parent not later than June thirtieth of that year. Title 19 of the Texas Administrative Code, Section 89.1011 G clarifies that if the thirtieth day falls during the summer and school is not in session, the ARD committee must meet not later than the fifteenth school day of the following school year to finalize decisions concerning the student's initial eligibility determination and, if appropriate, IEP and placement. If the thirtieth day falls during the summer and school is not in session, but an FIIE report indicates that the student would need extended school year services during that summer, the ARD committee must meet as expeditiously as possible after completing the report. The ARD committee must review the student's IEP periodically, but at least once a year. The annual review ARD committee meeting for each student must be held by the anniversary date of the previous annual ARD committee meeting. The local educational agency or LEA is encouraged to align the annual review ARD committee meeting date and FIE due date for students scheduled for reevaluation. It is also important to identify which students have a reevaluation due during the school year and, to the extent possible, align the review of existing evaluation data or read and reevaluation and annual review ARD date. This will prevent the need to hold two review ARD committee meetings in one year. Reevaluations identifying new disability conditions must be presented to the ARD committee and addressed in a review ARD committee meeting. The ARD committee must review the student's IEP periodically, but not less frequently than annually, to determine whether the annual goals are being achieved. The ARD committee must revise the IEP as appropriate to address Any lack of expected progress toward the annual goals and in the general education curriculum, where appropriate, the results of any reevaluation Information about the student provided to or by the parent in the read the student's anticipated needs, or other matters. If a participating agency other than the LEA fails to provide the transition services described in the IEP, the LEA must reconvene the ARD committee to identify alternative strategies to meet the transition objectives for the student set out in the IEP to the extent possible. The LEA must encourage the consolidation of reevaluation meetings for the student and other ARD committee meetings for the student. Remember, the ARD committee determines eligibility for the student, which means the student must be identified with a disability and demonstrate the need for special education services. Suppose the ARD committee suspects that the student is no longer a student with a disability and or needs a special education services. In that case, the ARD committee must request an evaluation to be conducted. Remember that the student's parents or the adult student must be involved in this decision. The ARD committee members should conduct a read and determine if the additional data is necessary to determine whether the student continues to be a student with a disability and to determine the student's educational needs. The evaluation may not need new assessments. Existing data as identified in the read may be sufficient if there is current data to document the student's present levels of academic achievement and functional performance. The ARD committee can determine that the student is no longer a student with a disability and no longer needs special education and related services. Suppose the ARD committee and other qualified professionals, as appropriate, determine that no additional data are needed. In that case, the LEA must notify the student's parents of that determination, the reasons for the determination, and the right to request an assessment to determine whether the student continues to be a student with a disability and to determine the student's educational needs. Other cases for termination of SPED services include graduation, exceeding the age eligibility for free appropriate public education, or FAPE, parent revocation of consent. For a student whose eligibility terminates under the circumstances just described, an LEA must provide a summary of the student's academic achievement and functional performance, known as a summary of performance, which shall include recommendations on how to assist the student in meeting the student's postsecondary goals. When a student transfers to a new school district within the state in the same school year and the parents or previous school district verifies that the student had an IEP that was in effect in the previous district, the new school district must meet the requirements of Title 34 of the Code of Federal Regulation Section 300.323 E by either adopting the student's IEP from the previous school district or developing, adopting, and implementing a new IEP. The timeline for adopting the previous IEP or developing, adopting, and implementing a new IEP is twenty school days from the date the student is verified as being a student eligible for special education services. Please note, if the new LEA determines that a new evaluation is needed for a student who transfers within the state, the recommendation is that the reevaluation be completed within twenty school days so that the IEP adopted and implemented is based on current evaluation data. However, the ARD committee members are responsible for determining the timeline of any additional evaluation and reevaluations, except for a reevaluation due at least once every three years. Let's review the ARD committee meeting timelines for special education students transferring from out of state. When a student transfers from a school district in another state in the same school year and the parents or previous school district verifies that the student had an IEP that was in effect in the previous district, the new school district must, if determined necessary, conduct a full individual and initial evaluation and make an eligibility determination, and if appropriate, develop, adopt, and implement a new IEP within the timelines established in Title 19 of the Texas Administrative Code Section 89.1011 of this title relating to full and individual initial evaluation. If the school district determines that an evaluation is not necessary, the timeline for the new district to develop, adopt, and implement a new IEP is twenty school days from the date the student is verified as being a student eligible for special education services. For students who register in a new school district in the state during the summer when students are not in attendance for instructional purposes, The procedures are based on whether the students come from an in state or out of state school district. You can rewind the video to examine those procedures we just reviewed. The previous school district must furnish the new school district with a copy of the student's records, including the student's special education records not later than the tenth working day after the date. A request for the information is received by the previous school district. If a parent hasn't already verified eligibility and the new school district has been unable to obtain the necessary verification records from the previous district by the fifteenth working day after the date the new district submitted a request for the records to the previous district, The new school district must seek verification from the student's parent. If the parent verifies, the new school district must comply with all paragraphs of this subsection. The new school district is encouraged to ask the parent to verify eligibility before the fifteenth working day after the new district submits a request for the records to the previous district. If the parent is unwilling or unable to provide such verification, the new district must continue to take reasonable steps to obtain the student's records from the previous district. To clarify, verify means that the new school district has received a copy of the student's IEP that was in effect in the previous district. The first school day after the new district receives a copy of the student's IEP that was in effect in the previous district begins the timelines. While the new school district waits for verification, the new school district must take reasonable steps to provide, in consultation with the student's parents, services comparable to those the student received from the previous district if the previous school district has informed the new school district of the student's special education and related services and placement. Once the new school district receives verification that the student had an IEP in effect at the previous district, comparable services must be provided to a student during the timelines established for either in state transfers or out of state transfers. Comparable services include ESY services if those services are identified in the previous IEP or if the new district has reason to believe that the student would be eligible for ESY services. Now let's review the requirements and best practices for notification of an ARD committee meeting and responding to a parent's request for an ARD committee meeting. The LEA must provide the parents with prior written notice of the ARD committee meeting at least five school days before the meeting unless the parents agree to a shorter timeframe. The LEA must 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 the opportunity to participate, including notifying parents of the meeting early enough to ensure that they will have an opportunity to attend and scheduling the meeting at a mutually agreed time and place. Federal regulations in the Individuals with Disabilities Education Act or IDEA require that the notice include the meeting's purpose, time, location, and who will attend. In addition, the notice must inform the parents if other individuals who have knowledge or special expertise regarding the student, including related services personnel, will be in attendance. If the purpose of the meeting is to discuss the state transition requirements that must begin no later than when the student reaches age fourteen, then the notice must state this. Suppose the parent does not speak English. In that case, the LEA must provide the parent with a written notice in the parent's native language unless it is not feasible to do so. Suppose the parent's native language is not a written language. In that case, the LEA must ensure that the notice is translated orally or by other means to the parent in his or her native language or other mode of communication so that the parent understands the content of the notice. A parent may elect to receive prior written notices by electronic mail communication if the LEA offers that option. Be sure to check your special education operating procedures regarding electronic communication. As a general matter, if the LEA fails to fulfill the notice requirements, the parent may request that the ARD committee meeting be rescheduled. We encourage you to access a quick guide and video on Texas SPED Support to learn more about prior written notice and the legal requirements. You can access the information by scanning the QR code on your screen. This document is provided to parents within the required timelines and occurrences. This document explains the rights and responsibilities of parents under the IDEA. You will want to ensure that the correct local contact information is entered on the last page of this document before giving it to parents. Parents must be provided this document once a year, typically at the annual review ARD committee meeting for students currently receiving special education and related services. In the initial evaluation process, parents of students should have been provided a copy of the notice of procedural safeguards at the time of the initial referral or request. It is a good idea to offer them another copy at the initial ARD committee meeting to ensure they have the most current version of the document with accurate local contact information. This is especially important in cases where initial evaluation consent was obtained the previous school year, and the initial ARD committee meeting is not held until the beginning of the following year as local contacts may have changed and the document may have been updated. Parents must also be provided the notice of procedural safeguards once a year, so giving it to them at the initial art committee meeting ensures you meet this requirement. In addition to providing parents with this document once a year, it must also be provided upon initial referral or on request for evaluation, upon the first occurrence of filing of a due process hearing complaint or special education complaint during a school year, upon a disciplinary change of placement, or upon request by a parent. You can access the current version of the notice of procedural safeguards in English and Spanish on the legal framework website and in several additional languages on the SpedTech's website. It is highly recommended that you read the notice of procedural safeguards if you have not already done so. You will also want to practice how you will present and review this document with parents or adult students. Again, although we must provide this document to parents, we should ensure that the parents or adult students understand what they are receiving. The Parents Guide to the ARD process is a comprehensive document that explains the ARD committee process and contains information that assists parents in participating effectively in the ARD committee for their child. It must be provided to parents prior to the initial ARD committee meeting or upon request from the parent. The staff member who provides the parent's guide to the ARD process to the parent should document the date and manner, printed, or electronic copy it was distributed. Please refer to your LEA's special education operating procedures for details on who provides this document, when it is given, and how this is documented. You can access the current version of the parent's guide to the ARD process in English and Spanish on the legal framework homepage or the SPEDTex website in additional languages. Also, check with your district's special education department to see if printed copies are available. You should become familiar with this guide so that you are prepared to present and review it with parents or adult students if necessary. Although we are required to provide this document to parents, we should ensure that the parents or adult students understand what they are receiving. In addition to an annual ARD committee meeting, a parent may request a meeting at any time. Upon receipt of a written request for an ARD committee meeting from the parent, the LEA must either schedule and convene a meeting, or within five school days provide the parent with prior written notice explaining why the LEA refuses to convene a meeting. A parent may make a verbal request for an ARD committee meeting. It is best practice to respond to the parent within the same five school days in a timely manner even though state law requirements are not in play. Please note that this is different from when a parent submits a written request to a school district's director of special education services or a district administrative employee for an FIE of a student. The school district must not, later than the fifteenth school day after the date the district receives the request, provide the parent with prior written notice of its proposal to conduct an evaluation, a copy of the procedural safeguards notice, and an opportunity to give written consent for the evaluation, or provide the parent with prior written notice of its refusal to conduct an evaluation and a copy of the procedural safeguards notice. Thank you for joining us today to learn more about ARD committee meeting requirements and best practices. If you have any questions or need more information, please connect with your regional, ARD, or IEP support statewide contact. You can access the statewide contact list by scanning the QR code.

Welcome to the admission, review, and dismissal or ARD, 101 ARD committee membership and participation video. In this video, we will provide a fundamental understanding of the ARD committee and help strengthen your knowledge of the legal requirements of the ARD committee, its membership, and its role in special education. The laws and procedures can sometimes be confusing and overwhelming, but this training will help clarify the requirements. The video will address each of the following topics, membership requirements, participation, and member absences. Please note that this presentation is copyrighted by the Texas Education Agency. If you have any questions or need any further information, please contact copyrights@TEA.texas.gov. Throughout this video, when the term parent or parents is used, the term includes the definition aligned to Title 34 of the Code of Federal Regulations, Section 300.30. That definition includes biological or adoptive parent, foster parent, guardian, an individual acting in the place of a biological parent with whom the child lives or is legally responsible for the child's welfare, or a surrogate parent, as defined in Title 34 of the Code of Federal Regulations Section 300.519. When parent is used throughout this video, this may include an adult student where appropriate. Throughout the video, we will reference helpful resources. Here is one that is especially important to the content and structure of this training. This Technical Assistance Individualized Education Program or IEP development from the Texas Education Agency provides helpful general information for local educational agencies or LEAs, also known as the public school districts and charter schools in our state, and parents to develop an IEP that is individualized and based on the unique needs of the child and enables him or her to work towards grade level content standards and achieve challenging goals. We encourage you to reference this resource to expand your knowledge further and improve your practice. Scan the QR code to access this resource on the Texas SPED support website. Here are important legal and state resources to keep at your fingertips for information regarding requirements for ARD committees. The Texas legal framework is an updated web based platform to assist stakeholders such as LEAs, advocates, and parents in learning about state and federal laws and regulations by providing rich resources regarding obligations and rights for the provision of free and appropriate public education in the least restrictive environment to students with disabilities. Scan the QR code to access the Texas legal framework website. The parents guide to the ARD process is designed to give parents of children who are or may be eligible for special education and related services a better understanding of the special education process and their procedural rights and responsibilities so that they can fully participate in the decision making process regarding their child's education. Here are our learning objectives for this training. Participants will build knowledge and gain an understanding of the following: ARD committee membership and participation. In this section, we'll review the required members of the ARD committee meeting regardless of the student's disability conditions or needs, plus the members required based on student need or eligibility. ARD committees must include the following members: parent or adult student with a disability general education teacher if the student is, or may be, participating in the general education environment who must, to the extent practicable, be a teacher who is responsible for implementing a portion of the student's IEP, special education teacher, or, where appropriate, not less than one special education provider of the student, representative of the LEA, who is qualified to provide or supervise the provision of special education, knowledgeable about the general education curriculum, and is knowledgeable about the availability of resources of the LEA. Individual who can interpret the instructional implications of evaluation results. The adult student or ARD committee may invite the parent of an adult student, but once the student is an adult, the parent's rights transfer to the adult student. See Transfer of Rights at Age of Majority and the legal framework for more information. IDEA further provides that the LEA may designate the general education teacher, special education teacher, or evaluation representative to serve as the LEA representative so long as the person serving in both roles is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities knowledgeable about the general education curriculum knowledgeable about the availability of the LEA's resources. Let's review each of these members in more detail. The term parent means any of the following. A biological or adoptive parent. A foster parent. A foster parent may act as a parent of a student with a disability if they comply with the requirements in the Texas Education Code. This includes completing the training program before the student's next ARD committee meeting, but not later than the ninetieth day after the foster parent begins acting as the parent to make special education decisions. A guardian. A guardian is generally authorized to act as a parent or authorized to make educational decisions for the student, but the state does not qualify if the student is a ward of the state. An individual acting in the place of biological or adoptive parent. This includes a grandparent, stepparent, or other relative with whom the student lives. An individual who is legally responsible for the student's welfare. An appropriately appointed surrogate parent. Unless appointed by the judge overseeing the student's care, the LEA must appoint a surrogate parent whenever the parents of the student are not known. The LEA cannot, after reasonable efforts, locate the parents. The student is a ward of the state or the student is an unaccompanied homeless youth. A person selected as a surrogate parent cannot be an employee of the Texas Education Agency, an employee of the LEA, an employee of any other agency that is involved in the education or care of the student, or a person with a personal or professional interest that conflicts with the interest of the student. The LEA must require the surrogate parent to complete a training program within ninety days of assignment as a surrogate parent. The general education teacher, if the student is or may be participating in the general education environment, must, to the extent practicable, be a teacher who is responsible for implementing a portion of the student's IEP. If the student has more than one general education teacher responsible for carrying out a portion of the IEP, the LEA may designate which teacher or teachers will serve as ARD committee members, considering the interests of the student. The committee is strongly encouraged to seek input from the teachers who will not be attending. The ARD committee must include at least one special education teacher or, where appropriate, not less than one special education provider for the student. The special education teacher or special education provider who participates in the ARD committee meeting must be appropriately certified or licensed. If the student's disability is a speech impairment, the special education provider could also be the speech language pathologist. The local educational agency or LEA representative is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities, is knowledgeable about the general education curriculum, and is knowledgeable about the availability of resources of the LEA. It is recommended as a best practice that a school administrator serves as the public agency representative at the ARD committee meeting. An individual who can interpret instructional implications of evaluation results. This may also be the general education teacher, special education teacher or provider, LEA representative, or a discretionary member. Although members of the multidisciplinary team or MDT are not required members of the ARD committee, LEAs will find it helpful to have members of the MDT as ARD committee members for initial meetings and any ARD committee meetings that consider reevaluations. The IDEA regulations and the state rule provide that the evaluation representative on the committee may also serve as the general education teacher, special education teacher, LEA representative, or someone else on the committee whom the LEA or the parent invites. Additional members to be included when specific circumstances are present. At the discretion of the LEA or parent, other individuals who have knowledge or special expertise regarding the child, for example, specialists or school counselors, student with a disability, when appropriate, including when the purpose of the meeting will be the consideration of post secondary goals and needed transition services. Representative of any participating agency likely to be responsible for providing or paying for transition services with the consent of the parent or adult student. Language Proficiency Assessment Committee or LPAC member if the child is identified as an emergent bilingual student. In addition, as to the LPAC member, state rule provides that the professional staff member who serves as the LPAC representative may also serve on the committee as a general or special education teacher or special education provider of the student. When dyslexia is suspected, a person with specific knowledge of the reading process, dyslexia and related disorders, and dyslexia instruction must serve on the LEA's MDT and any ARD committee that is convened to determine eligibility for special education and related services, career technical education or CTE representative, preferably the teacher, if the student is being considered for initial or continued career or technical education placement. The CTE representative may not serve in a dual role as another required ARD committee member. Teacher of the visually impaired or TVI if the child is suspected of or identified with a visual impairment, teacher of the deaf or hard of hearing or TODHH if the child is suspected of or identified as deaf or hard of hearing, TODHH and TVI if the child is suspected of or identified as deafblind, Early Childhood Intervention, or ECI, coordinator or representative at the request of the parent at the initial ARD committee meeting for a child who was previously served under ECI. Administrator or designee of the Juvenile Justice Alternative Education Program or JJAEP must be invited to an ARD committee meeting convened to discuss the expulsion and discretionary placement of a student with a disability in the JJAEP. Let's review each of these members in more detail. A student can be a member of the ARD committee meeting at any time. The ARD committee must include, whenever appropriate, the student with a disability, when the purpose of the meeting will be to consider post secondary goals for the student and the transition services needed to assist the student in reaching those goals, and or when the student is an adult student to whom parental rights have transferred. If the student does not attend the ARD committee meeting, the LEA must take other steps to ensure that the student's preferences and interests are considered. At the discretion of the parent or the LEA, other individuals who have knowledge or special expertise regarding the student may attend, including related services personnel as appropriate. Related services personnel should be included on the committee when a related service will be discussed at the request of the student's parents or the school. If a student is currently receiving related services and the related service personnel cannot attend the meeting, then he or she should provide a written recommendation concerning the location, frequency, and duration of service to be provided to the student as well as progress monitoring data from annual goals. To the extent appropriate with the consent of the parent or adult student, a representative of any participating agency that is likely to be responsible for providing or paying for transition services must be invited. Examples of agencies that administer such programs include Health and Human Services Commission, Texas Workforce Commission, Department of State Health Services, and Department of Family and Protective Services. These agencies provide a variety of services including vocational training, job coaching, assistance in finding employment, funding for job related equipment counseling, and assistance in independent living that could support the student's transition to adult life. When considering initial or continued eligibility for special education for dyslexia, the ARD committee must include a licensed dyslexia therapist or LDT, someone who has received training or certification from the Academic Language Therapy Association or ALTA, International Dyslexia Association or IDA, Orton Gillingham Academy, Wilson Language Training, or someone who has received training through an international multi sensory structured language education council or IMSLEC, accredited training center at the teaching or therapy level. Only if the individuals who possess the credentials, as discussed on the previous slide, are not available may another individual serve in this role. To serve in this role when those above are not available, the individual within one calendar year of being designated must register and complete the Texas Dyslexia Academies or TDAs, register and complete the TEA's guidance for the comprehensive evaluation of an SLD, and document that the individual has training in current research and evidence based assessments that are used to identify the most common characteristics of dyslexia. Include preferably the CTE teacher when considering initial or continued placement of the student in CTE. The CTE representative may not serve in a dual role as one of the other required members of the ARD committee meeting. For example, the CTE representative cannot simultaneously serve as the general education teacher and the CTE representative. Similarly, the CTE representative cannot serve as both the CTE representative and the school district representative. To the extent appropriate, the meeting may include a language proficiency assessment committee or LPAC member if the student is identified as emergent bilingual or EB. This person may also be the general education teacher or the special education teacher on the ARD committee. The LEA representative may not also perform the role of the LPAC representative simultaneously. The best representative of the needs of an emergent bilingual student on the ARD committee is the bilingual or English as a second language or ESL educator who directly instructs the student and has detailed knowledge of the student's linguistic needs and strengths. The meeting may also include or require other teachers, such as, in the case of the student with a suspected or documented visual impairment, a teacher who is certified in the education of students with visual impairments. In the case of the student who is suspected or documented as deaf or hard of hearing, a teacher who is certified in the education of students who are deaf or hard of hearing. In the case of the student with suspected or documented deaf blindness, a teacher who is certified in the education of students with visual impairments, and a teacher who is certified in the education of students who are deaf or hard of hearing. Other personnel may be included or required such as early childhood intervention or ECI coordinator or representative at the request of the parent at the initial ARD committee meeting for a child who was previously served under ECI or an administrator or designee of the Juvenile Justice Alternative Education Program or a JJAEP must be invited to an ARD committee meeting convened to discuss the expulsion and discretionary placement of a student with a disability in the JJAEP. It is always best practice to have individual ARD committee members serve in a single role. This is not always practical. It is recommended that a member of the MDT represent the individual who can interpret instructional implications of evaluation results at an admission ARD meeting when the initial evaluation is reviewed and at a review ARD meeting when a reevaluation will be discussed. The LEA representative can also be an individual who can interpret the instructional implications of evaluation results. The LEA representative cannot be the LPAC member. The general education teacher can be an individual who can interpret the instructional implications of evaluation results and or the professional staff member who is on the language proficiency assessment committee who may be a member of the committee. The special education teacher can be an individual who can interpret the instructional implications of evaluation results and or the professional staff member who is on the language proficiency assessment committee who may be a LPAC member may also be the general education teacher or special education teacher if they are a professional staff member who is on the language proficiency assessment committee. The CTE member may not serve a dual role, and it is preferred that the member is the student's CTE teacher. Can the required multidisciplinary team or MDT, an ARD committee member with specific knowledge regarding the reading process, dyslexia and related disorders, and dyslexia instruction, or required dyslexia member, be someone who is already serving a required role on the team or committee? Potentially, the Texas Education Code Section 29.31 B and the dyslexia handbook or simply the handbook are clear that unless a licensed dyslexia therapist or LDT or a person with the most advanced dyslexia related certification is not available, individuals in those positions must serve as the required dyslexia member. If individuals in these positions are not available, the handbook allows others who meet specific training requirements to serve as the required dyslexia member as stated on pages 29 and 32. The state board of education rule at Title 19 of the Texas Administrative Code Section 74.28, including the handbook, which is incorporated by reference into that rule, does not list any prohibition in serving as this member if the individual is already serving another role on the MDT or ARD committee. Therefore, a person who meets the criteria to serve as the required dyslexia member should be able to serve another role on an MDT ARD committee as long as the person is eligible by law or rule to serve in that original MDT or ARD committee role. When designating the required dyslexia member for an MDT and ARD committee, LEAs need to focus on the required expertise of this member. This member must have specific knowledge of dyslexia and related disorders, the reading process, and dyslexia instruction. Let's review the requirements and best practices related to ARD committee membership participation. The LEA must take steps to ensure that one or both parents are present at each ARD committee meeting or are afforded the opportunity to participate, including notifying the parents of the meeting early enough to ensure that they will have an opportunity to attend in scheduling the meeting at a mutually agreed upon time and place. Additionally, an LEA must allow parents who cannot attend an ARD committee meeting to participate in the meeting through other methods, such as telephone calls or video conferencing. The LEA must take whatever action is necessary to ensure that the parent understands the IEP and the ARD committee meeting proceedings, including arranging for an interpreter for parents with deafness or whose native language is other than English. If the student's parent is unable to speak English and the parent's native language is Spanish, the school district must provide a written copy or audio recording of the student's IEP translated into Spanish. If the student's parent is unable to speak English and the parent's native language is a language other than Spanish, the school district must make a good faith effort to provide a written copy or audio recording of the student's IEP translated into the parent's native language. A written copy of the student's IEP translated into Spanish or the parent's native language means that all of the text in the student's IEP in English is accurately translated into the target language in written form. The IEP translated into the target language must be a comparable rendition of the IEP in English and not a partial translation or summary of the IEP in English. An audio recording of the student's IEP translated into Spanish or the parent's native language means that all of the content in the student's IEP in English is orally translated into the target language and recorded with an audio device. A school district is not prohibited from providing the parent with an audio recording of an ARD committee meeting at which the parent was assisted by an interpreter as long as the audio recording provided to the parent contains an oral translation into the target language of all of the content in the student's IEP in English. If a parent's native language is not a written language, the school district must take steps to ensure that the student's IEP is translated orally or by other means to the parent in his or her native language or other mode of communication. The school district must give a parent a written copy of the student's IEP at no cost to the parent. A school district meets this requirement by providing a parent with a written copy of the student's IEP in English or a written translation of the student's IEP in the parent's native language. All members of the ARD committee must have the opportunity to participate collaboratively in developing the IEP. A decision of the ARD committee concerning the required elements of the IEP must be made by mutual agreement if possible. The ARD committee may agree to an annual IEP or an IEP of shorter duration. A required member of the ARD committee, general education teacher, special education teacher or provider, LEA representative, and the individual who can interpret the instructional implications of evaluation results is not required to attend an ARD committee meeting, in whole or in part if the parent of a student with a disability and the LEA agree, in writing that the attendance of the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting. A required member of the ARD committee may be excused from attending an ARD committee meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services, if the parent, in writing, and the LEA consent to the excusal, and the member submits, in writing to the parent and the ARD committee, input into the development of the IEP prior to the meeting. The excusal requirements do not apply to the following ARD committee members. Parent, student with a disability adult student following a transfer of rights a discretionary member such as other individuals who have knowledge or special expertise regarding the student What if a parent cannot attend the meeting? If neither parent can attend an ARD committee meeting, the LEA must 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 LEA cannot convince the parents that they should attend. In this case, the LEA must keep a record of its attempts to arrange a mutually agreed on time and place, such as detailed records of telephone calls made or attempted and the results of those calls, copies of correspondence sent to the parents and any responses received, and detailed records of visits made to the parents' home or place of employment and the results of those visits. While there is no specific requirement for documentation of attendance in the IDEA or state statutes or regulations, there must be evidence in the IEP that all required members were in attendance. This can be accomplished through the sign in sheet, a list of members in the IEP, or other manner indicating the committee was properly constituted. Thank you for joining us today to learn more about ARD committee meeting requirements and best practices. If you have any questions or need more information, please connect with your regional, ARD, or IEP support statewide contact. You can access the statewide contact list by scanning the QR code.

Welcome to the Admission Review and Dismissal, or ARD, 101 ARD Committee Meeting Agenda and IEP Contents Video. In this video we will provide a fundamental understanding of the ARD Committee and help strengthen your knowledge of the legal requirements of the ARD committee, its membership, and its role in special education. The laws and procedures can sometimes be confusing and overwhelming, but this training will help clarify the requirements. The video will address each of the following topics. ARD committee meeting agenda and individualized education program or IEP contents amendment without a meeting. Please note that this presentation is copyrighted by the Texas Education Agency. If you have any questions or need any further information, please contact copyrights at tea.texas.gov. Throughout this video when the term parent or parents is used, the term includes the definition aligned to Title 34 of the Code of Federal Regulations section 300.30. That definition includes biological or adoptive parent, foster parent, guardian, an individual acting in the place of a biological parent with whom the child lives or is legally responsible for the child's welfare, or a surrogate parent as defined in Title 34 of the Code of Federal Regulations section 300.519. When parent is used throughout this video this may include an adult student where appropriate. Throughout the video we will reference helpful resources. Here is one that is especially important to the content and structure of this training. This technical assistance individualized education program, or IEP, development from the Texas Education Agency provides helpful general information for local educational agencies, or LEAs, also known as the public school districts and charter schools in our state, and parents to develop an IEP that is individualized and based on the unique needs of the child and enables him or her to work towards grade level content standards and achieve challenging goals. We encourage you to reference this resource to expand your knowledge further and improve your practice. Scan the QR code to access this resource on the Texas SPED support website. Here are important legal and state resources to keep at your fingertips for information regarding requirements for ARD committees. The Texas Legal Framework is an updated web based platform to assist stakeholders such as LEAs, advocates, and parents in learning about state and federal laws and regulations by providing rich resources regarding obligations and rights for the provision of free and appropriate public education in the least restrictive environment to students with disabilities. Scan the QR code to access the Texas Legal Framework website. The Parent's Guide to the ARD process is designed to give parents of children who are or may be eligible for special education and related services a better understanding of the special education process and their procedural rights and responsibilities so that they can fully participate in the decision making process regarding their child's education. Here are our learning objectives for this training. Participants will build knowledge and gain an understanding of the following. IEP content that the ARD Committee determines. Processes for mutual agreement. Best practices of a compliant ARD Committee meeting. In this next section, we will review the contents of the IEP that must be discussed, reviewed, and determined, as well as the benefits of using an ARD committee meeting agenda. The ARD committee meeting agenda is an effective tool for schools during ARD committee meetings. While not a required component, it is certainly a best practice that will allow a meeting to run more smoothly. The agenda lists the topics that must be addressed by the ARD committee as required by law. These topics are listed in the order they will usually be discussed during the ARD committee meeting. Your school may have an agenda you can use at the meeting. The ARD committee should review each topic in the order presented and work toward reaching a consensus among all group members. Using the ARD meeting agenda gives you a greater understanding of the ARD committee meeting process and lets you know what to expect. First, each committee member should introduce themselves and explain their role in the student's education and the meeting. Please note, let the committee know that the meeting's minutes or deliberations are being taken. These deliberations are to record what happened in the meeting. They are not intended to be word for word but should capture the important discussions and decisions during the meeting. For parents who are not English speakers, an interpreter is provided by the LEA so that parents can participate fully. When an interpreter is present, they should be introduced and their role in the meeting should be explained to the committee. Also indicate if the meeting will be recorded. If the meeting is being translated, the meeting should be recorded. A copy should be provided to the parent and the LEA should retain a copy. The purpose of the ARD committee meeting should be stated. Is the meeting an initial ARD committee meeting? A reconvened ARD committee meeting? A review ARD committee meeting? If there are any excusals of attendance of any of the ARD committee members, these should be reviewed and documented in the deliberations. A review of evaluation data. If any evaluation and assessments were conducted since the last meeting and any data and information that has been gathered that will impact the IEP decisions are reviewed at this time. A student must meet the disability criteria and need special education or related services. At every ARD committee meeting, the student's disability is reviewed for the record or determined when a new evaluation is being reviewed. In this part of the meeting, a statement will often be made if the student's eligibility remains same or if new evaluation information needs to be reviewed by the ARD committee, which could be adding or removing an eligibility category. The date of the FIE should also be reviewed at this time and a discussion of any upcoming reevaluation should be recorded. The student's ARD committee determines whether a student is eligible for special education and related services. To be eligible to receive special education and related services, a student must be a child with a disability as defined in Title 34 of the Code of Federal Regulations section 300.8a and Title 19 of the Texas Administrative Code section 89.1040c, which specifies criteria to be used in determining whether a student's condition meets one or more of the definitions in federal regulations or state law. The IDEA notes that there are 13 disability categories. You can access the disability conditions and eligibility criteria on Texas SPED support. A few points to note. Emotional disability is used in place of the federal term emotional disturbance in our TAC eligibility criteria. However, the eligibility criteria are not different and have not changed. Developmental delay or DD may begin to be used by an ARD committee as of the 2024-2025 school year. Non categorical early childhood may be used until the 2025-2026 school year. NCEC and DD are not interchangeable. NCEC and DD are different in several ways as each has distinct criteria. DD and NCEC may be used within the following guidelines. No school district will be required to use the eligibility category of developmental delay. However, if a district chooses to use this eligibility category, it must use the definition and criteria described. If a school district chooses to use the eligibility category of developmental delay, it may do so beginning with the 2024-2025 school year. The non-categorical early childhood eligibility category must no longer be used by any school district beginning with the 2025-2026 school year. Any eligible student who begins the 2025-2026 school year already identified as non-categorical early childhood may maintain this eligibility category if determined appropriate by the student's ARD committee until the required reevaluation before the age of 6. During this part of the meeting, the committee reviews what the student can do now and how it is measured. The present levels of academic achievement and functional performance, or PLAAFP, statement must also include how the student's disability affects involvement and progress curriculum. If the student is a pre-school student, the statement must explain how the disability affects participation in age appropriate activities. The ARD committee must consider multiple factors including the student's strengths and academic and non academic needs in developing the IEP. Therefore the PLAAFP statement must establish an overall baseline of the student's strengths and needs across academic and functional areas so that the ARD committee can effectively develop the annual goals and if necessary, term objectives in the IEP. Areas that may be addressed include academic, such as reading, spelling, writing, math calculation, math problem solving, listening comprehension, vocabulary, development, science, and social studies, and functional, such as daily living or self help skills, social skills, behavior, sensory skills, communication skills, and mobility. A PLAAFP statement is the foundation to build the IEP and should include clear objective baseline data, description of students strengths, needs, and skill gaps, explanation of how gaps affect student learning and participation, explanation of how the student's disability impacts his or her progress in the general curriculum, information the ARD committee uses to determine what the student can achieve in one year. A best practice tip is to ensure the PLAAFP statement is written in parent friendly language. That is no jargon, no acronyms, clear, and easy to understand language. TEA has developed several trainings and resources such as quality rubrics to support educators with PLAAFP statement development. Learn more by exploring these resources. Standards based IEP process training. This training intends to provide participants with an understanding of the SB IEP process for gathering student data, including the full and individual evaluation or FIE. Developing the student's PLAAFP statement, drafting measurable annual goals with short term objectives and benchmarks, if appropriate, and creating a data collection system for monitoring the progress of the annual goals. The intended audience for this training is special education teachers, related service providers, and any other professional staff responsible for drafting a student's IEP, including the PLAAFP and measurable annual goals. A step toward IEP quality and rigor for students with complex access needs. This free six credit asynchronous course is designed to support educators in developing high quality IEPs for students with significant cognitive disabilities. However, the training can assist any special educator needing to learn more about developing quality IEPs. You can access these trainings and accompanying resources on the Texas SPED support website. Scan the QR code to access the website. IDEA requires that all students receiving special education services have at least one measurable annual goal in their IEP. According to IDEA, measurable annual goals are designed to meet the child's needs that result from the child's disability to enable the child to be involved in and to make progress in the general education curriculum, and meet each of the child's other education needs that result from the child's disability. These goals may consist of academic and or functional goals based on the individual student's needs as documented in his or her PLAAFP statement. The purpose of these goals, as is the purpose of all special education services, is to assist the student in accessing and progressing in the general curriculum. Academic standards based, goals are linked to progressing toward enrolled grade level content standards. Functional goals, such as independent skills or behavior, assist the student in accessing the enrolled grade level content standards. For a student who takes an alternate state assessment aligned to alternate achievement standards, the ARD committee must include in the student's IEP a description of benchmarks or short term objectives. Benchmarks or short term objectives are the intermediate steps of progress toward mastering the annual goal. They provide a means to monitor a student's progress toward the related annual goal. Measurable annual goals are statements that describe what a student with a disability can reasonably be expected to accomplish within twelve months in the student's special education program, identify specific areas where a student with a disability needs assistance from a special education professional. For example, special education teacher, speech language pathologist, or related services, and address critical needs identified in a student's PLAAFP statement that keep the student from accessing and or progressing in the general curriculum. Remember, measurable annual goals include skills and or knowledge that can be measured and mastered, not activities. The ARD committee reviews previous IEPs and progress, discusses proposed IEPs, and discusses how progress will be measured and reported to the parents. To be considered a measurable annual goal under Title 34 of the Code of Federal Regulations section 300.320a2, a goal must include the components of a time frame, condition, behavior, and criterion. While at least one measurable annual goal is required, the ARD committee will determine the number of annual goals after examining the students present levels of academic achievement and functional performance and areas of need. Annual goals are also required in the following circumstances. When the content of a subject or course is modified, whether the content is taught in a general or special education setting to address how the content is modified. And when a student is removed from the general education setting for a scheduled period of time, but the content of the subject or course is not modified. For example, a student who is progressing on enrolled grade level curriculum, but requires a more restrictive environment for a period of time due to behavioral concerns. Short term objectives or benchmarks used as intermediary steps or milestones toward accomplishing an annual goal may be included in a measurable annual goal. Short term objectives or benchmarks must be included in an annual goal if the ARD committee has determined that a student will not participate in the general state assessment. And regardless of whether the objectives or benchmarks are related to a student not participating in the general state assessment, they cannot be used as the criterion to indicate mastery of the annual goal. The ARD committee decides what services are needed to enable the student to advance appropriately toward attaining the annual goals. Be involved and make progress in the general curriculum, including participation in extracurricular and non academic activities. Be educated and participate with students without disabilities. The IEP must include a statement of the special education and related services, as well as the supplementary aids and services. Based on peer reviewed research to the extent practicable that the school will provide to or on behalf of the student. The IEP must also contain a statement of the program modifications or supports including accommodations for school personnel that will be provided to enable the student to advance appropriately toward meeting the annual goals and be involved in and make progress in the general education curriculum. The programs and services to be provided to the student must be individually determined by the ARD committee based on the student's abilities and needs. The programs and services for a student cannot be based on factors such as category of the student's disability, availability of special education programs or related services or personnel, current availability of space, administrative convenience, or how the school has configured its special education service delivery system. For every student who receives special education services, the ARD committee must consider whether the student needs assistive technology, or AT, devices and services. This does not necessarily mean that all students require a formal AT evaluation. When appropriate, existing data can be collected. There are many items and devices that depending on the student's needs can be considered AT. When documenting the need for AT in the student's IEP, additional information should also be documented such as the type of AT to be used, any training for the student, parents, and teachers that is needed, The time frame for which the AT will be used and the time frame for data on AT use will be reviewed for progress. The Texas four step AT consideration model is a process that ARD committees may use to develop, review, and revise IEPs. Using a model ensures consistency and that AT is equitably considered for all students with disabilities. Furthermore, TEA makes available a state subscription to the Assistive Technology Industry Association, or ATIA, for all Texas educators and families of students with disabilities. This subscription provides free unlimited access to ATIA professional development, which includes live and recorded offerings by national experts on a variety of topics across the spectrum of the assistive technology industry sectors. Additionally, TEA has partnered with ATIA to offer professional development learning pathways specifically curated for Texas educators and families. There are pathways for special educators, general educators, related services providers, parents, and more. Supplementary aids and services are aids, services, and other supports provided in general education classes, other education related settings, and in extracurricular and non academic settings for the teacher and the student to enable the student with disabilities to be educated with non disabled students to the maximum extent appropriate in the least restrictive environment. Accommodations are intended to reduce or eliminate the effects of a student's disability on academic tasks, but do not lower learning expectations. Modifications change what the student is expected to master. ARD committees should keep in mind that using modifications may have implications for a student's high school graduation plan options. Supports for school personnel assist education providers in meeting the student's unique needs and helping the student succeed. Supports for school personnel include, but are not limited to, the following. Workshops or training related to the individual needs of a student. Assistance needed for curriculum modifications. Necessary training for assistive technology service and or devices. Each IEP must include the frequency, duration, and location of the services to be provided. ARD committees should review all IEPs to be sure that the LEA's commitment of resources is clear For each special education and related service to be provided to the student, the following is to be included in the IEP. Frequency. How often the service is to be provided. Amount of time. The minutes per session for the service. Beginning and ending date. The starting and ending dates of the specific service. Location of service, the setting, that is general education or special education where the service will be provided. IDEA requires that a student with a disability be educated in the least restrictive environment. This means that the student must be educated with students who do not have disabilities to the maximum extent appropriate. Placement refers to the instructional settings along the continuum of alternative placement options such as regular classes, special classes, special schools, homebound instruction, and instruction in hospitals and institutions available for a student with a disability. Placement decisions must be based on the student's IEP. When making the placement decision, the first consideration should be whether the student can be educated in the general education classroom with or without supplementary aids and services. Removal of the student from the regular educational environment may only occur if the nature or severity of his or her disability is such that education in regular classes using supplementary aids and services cannot be achieved satisfactorily. In addition to determining the instructional setting for the student, the ARD will discuss and determine the appropriate length of the school day. The length of the school day for a student with a disability must be commensurate with those without disabilities. Unless the ARD committee determines that the student needs a modified instructional day. This requirement applies equally to public school students in charter, public or private institutions, or other care facilities. The length of day must be specified in the student's IEP. The LEA must ensure that each student with a disability participates with non disabled students in extracurricular and non academic activities to the maximum extent appropriate. Although this list is not exhaustive, examples of the services and activities that may give students with disabilities an equal opportunity for participation in services and activities offered to students without disabilities include athletics, counseling services, health services, recreational activities, special interest groups or clubs sponsored by the school, lunch, recess, field trips, and assemblies, transportation. If the student will not participate with non disabled peers in extracurricular and or non academic activities, the IEP must include an explanation. All students with disabilities are included in all general state and district wide assessment programs with allowable accommodations and alternate assessments where necessary and as indicated in their respective IEPs. District wide assessments are those tests that school districts administer as part of their assessment programs to measure grade level and or content specific knowledge. The ARD Committee's decisions regarding a student's participation in STAAR, the state assessment, must be based on the student's PLAAFP, annual goals, accommodations, and modifications. Our state rules indicate that the IEP must include a statement of any individual appropriate and allowable accommodations in the administration of assessment instruments or district wide assessments of student achievement if the district administers such optional assessments that are necessary to measure the academic achievement and functional performance of the student on the assessments. If the ARD committee determines that the student will not participate in a general statewide or districtwide assessment of student achievement or part of an assessment, then the IEP must include a statement explaining why the student cannot participate in the general assessment and why the particular alternate assessment selected is appropriate for the student. The TEA alternate assessment participation requirements form must be included in the student's IEP. In the case of an emergent bilingual student, the ARD committee and the LPAC must document the decisions and justifications for the decision. Some students based on their disability and or needs will have the following items reviewed and discussed. For students identified with the specific learning disability of dyslexia or a related disorder eligible under Title 19 of the Texas Administrative Code section 89.104c9 relating to eligibility criteria, The IEP must also be developed and implemented in accordance with the requirements under Title 19 of the Texas Administrative Code section 74.28 of this title relating to students with dyslexia and related disorders including any handbook adopted in the rule. You can scan the QR code to access the TEA dyslexia and related disorders website for more information. Some students based on their disability and or needs will have the following items reviewed and discussed. Behavior intervention plan, or BIP, when a student's behavior impedes the student's learning or that of others, the ARD committee must consider using positive behavioral interventions, supports, and other strategies to address the behavior. Some students require the development of a behavior intervention plan to address behaviors that interfere with his or her learning or the learning of others. A BIP must include positive behavior supports. The BIP helps prevent the behavior from occurring and teaches and reinforces appropriate replacement behaviors. Our Title 19 of the Texas Administrative Code section 89 .1055j, states that if the ARD committee determines that a behavior improvement plan or a behavioral intervention plan is appropriate for a student, that plan must be included as part of the student's IEP and provided to each teacher with responsibility for educating the student If a behavior improvement plan or a behavioral intervention plan is included as part of a student's IEP, the ARD committee shall review the plan at least annually, and more frequently if appropriate to address changes in circumstances that may impact the student's behavior. Such as the placement of the student in a different educational setting, an increase or persistence in disciplinary actions taken regarding the student for similar types of behavioral incidents, A pattern of unexcused absences, or an unauthorized, unsupervised departure from an educational setting, or the safety of the student or others. For more information about behavior supports, you can access the TEA's behavior supports and guidance for students with disabilities document on the Texas SPED support website. Scan the QR code to access the website. Some students based on their disability and or needs will need the requirements for a student who is deaf or hard of hearing or DHH discussed. Data from the FIE including the Audiological Evaluations and Communication Assessment will assist LEAs in identifying additional factors to consider adding to an IEP to support the academic and functional needs of students who are DHH. In addition to accommodations and or modifications, the ARD committee shall consider the following. Language and communication needs, including the student's primary language, both receptively and expressively, while understanding that there may be multiple modes of communication in both areas. Students who are deaf or hard of hearing must have an education in which their unique communication mode is respected, used, and developed to an appropriate level of proficiency. Direct communication opportunities with peers and other DHH role models, including academic and functional opportunities at school. Title 2 communication requirements may impact how some of these services are delivered and are not necessarily an IEP requirement, but an Americans with Disabilities Act, or ADA, requirement. Supports needed to achieve grade level instruction and supports needed to continue proficiency in grade level academic skills. Full range of needs addressed such as functional skills like self advocacy, related services, counseling, hearing assistive technology devices, and access to extracurricular activities. Some students based on their disability and or needs will need the requirements for a student who is blind or visually impaired discussed. For a student who is blind or visually impaired, or VI, the IEP must provide a detailed description of the arrangements made to provide the student with an evaluation of the impact of a student's impairment and instruction in an expanded core curriculum. The term expanded core curriculum, or ECC, is used to define concepts and skills that often require specialized instruction with students who are blind or visually impaired in order to compensate for decreased opportunities to learn incidentally by observing others. These concepts and skills include assistive technology, career planning, compensatory skills, independent living skills, orientation and mobility, recreation and leisure, self determination, sensory efficiency, social interaction skills. The IEP must also describe the plans and arrangements for contacts with and continuing services to the student beyond regular school hours, if needed, to ensure the student learns the skills and receives instruction in the ECC. Evaluation of the impact of the impairment is a summary of assessments completed by qualified professionals to determine the educational needs that result from a visual impairment. The evaluation identifies how the student can be involved and progress in the general education curriculum and addresses other educational needs that result from the child's disability. Some students based on their disability and or needs will have the following additional items reviewed and discussed. Requirements for a student with autism. There are eleven strategies that the ARD committee must consider for students with autism. The strategies must be considered based on peer reviewed research based educational programming practices to the extent practicable and when needed addressed in the IEP. The supplement is revised if changes are made in any of the eleven areas. Let's take a look at those eleven strategies. These eleven strategies must be considered at least annually based on peer reviewed research based educational programming practices to the extent practicable and when needed addressed in the IEP. Extended educational programming. For example, extended day and or extended school year services that consider the duration of programs and settings based on data collected related to behavior, social skills, communication, academics, and self help skills. Daily schedules reflecting minimal unstructured time and active engagement in learning activities. For example, lunch, snack, and recess periods that provide flexibility within routines. Adapt to individual skill levels, and assist with schedule changes, such as changes involving substitute teachers and pep rallies. In home and community based training, or viable alternatives that assist the student with the acquisition of social, behavioral, communication, and self help skills. For example, strategies that facilitate maintenance and generalization of such skills from home to school, school to home, home to community, and school to community. Positive behavior support strategies based on relevant information. For example, antecedent manipulation, replacement behaviors, reinforcement strategies, and database decisions. And a behavioral intervention plan developed from a functional behavioral assessment that uses current data related to target behaviors and addresses behavioral programming across home, school, and community based settings and is implemented and reviewed in accordance with the behavior improvement plan section. Beginning at any age, futures planning for integrated learning and training, living, work, community, and educational environments that consider skills necessary to function in current and post secondary environments, including self determination and self advocacy skills. Parent and or family training and support provided by qualified personnel with experience in autism, that for example, provides a family with skills necessary for a student to succeed in the home community setting. Includes information regarding resources. For example, parent support groups, workshops, videos, conferences, and materials designed to increase parent knowledge of specific teaching and management techniques related to the student's curriculum, and facilitates parental carryover of in home training. For example, strategies for behavior management and developing structured home environments and or communication training so that parents are active participants in promoting the continuity of interventions across all settings. Suitable staff to student ratio appropriate to identified activities and as needed to achieve social and behavioral progress based on the student's developmental and learning level, such as acquisition, fluency, maintenance, and generalization that encourages work towards individual independence as determined by, for example, adaptive behavior evaluation results, behavioral accommodation needs across settings, and transitions within the school day. Communication interventions including language forms and functions that enhance effective communication across settings. For example, augmentative, incidental, and naturalistic teaching. Social skills supports and strategies based on social skills, assessment and curriculum, and provided across settings such as peer based instruction and intervention, video modeling, social narratives, and role playing. Professional educator or staff support. For example, training provided to personnel who work with the student to assure the correct implementation of techniques and strategies described in the IEP. And teaching strategies based on peer reviewed research based practices for students with autism. For example, those associated with discrete trial training, visual supports, applied behavior analysis, structured learning, augmentative communication, or social skills training. If the ARD committee determines that services are not needed in one or more of the eleven areas, the IEP must include a statement to that effect and the basis upon which the determination was made. Transition services are a coordinated set of activities for a student with a disability that are designed to be within a results oriented process focused on improving the academic and functional achievement of the student with a disability to facilitate the student's movement from school to post school activities, and is based on the individual student's needs considering the student's strengths, preferences, and interests. Not later than the first IEP to be in effect when the student turns fourteen years of age, the ARD committee must consider and if appropriate address the following issues in the IEP. Appropriate student involvement in the student's transition to life outside the public school system. Appropriate involvement in the student's transition by the student's parents and other persons invited to participate by the student's parents or the school district in which the student is enrolled. Appropriate post secondary education options including preparation for post secondary level coursework. An appropriate functional vocational evaluation. Appropriate circumstances for facilitating a referral of a student or the student's parents to a governmental agency for services or public benefits. Including a referral to a governmental agency to place the student on a waiting list for public benefits available to the student such as a waiver program established under the Social Security Act, and the use and availability of appropriate supplementary aids, services, curricula, and other opportunities to assist the student in developing decision making skills, And supports and services to foster the student's independence and self determination. Including a supported decision making agreement under the Texas Estates Code, Chapter 1357. Additionally, beginning not later than the first IEP to be in effect when the student turns fourteen years of age, or younger if determined appropriate by the ARD committee, the IEP must include the following. Appropriate measurable post secondary goals based upon age appropriate transition assessments related to training, education, employment, and where applicable independent living skills. And the transition services, including courses of study, needed to assist the student in reaching the post secondary goals. For more information about writing appropriate measurable post secondary goals, please visit the Texas SPED support website. There you will find a course, writing appropriate measurable post secondary goals. To give Texas educators the information and tools to write appropriate measurable post secondary goals for students with disabilities. You can scan the QR code on your screen to find the course. Except as specifically provided, graduation under Title 19 of the Texas Administrative Code section 89.1070b1 terminates a student's eligibility for special education services. This circumstance requires a summary of performance. The summary of performance must include recommendations on how to assist the student in meeting the student's post secondary goals. This summary must also consider as appropriate the views of the parent and student and written recommendations from adult service agencies on how to assist the student in meeting post secondary goals. And requires prior written notice to the family because it constitutes a change in placement. Students who meet graduation requirements and who will continue enrollment in public school to receive special education services aligned to their transition plan will be provided with a summary of performance upon exit from the public school system. These students are entitled to participate in commencement ceremonies and receive a certificate of attendance after completing four years of high school. Beginning at least one year before a student reaches eighteen years of age, the student's individualized education program, or IEP, must include a statement that the student has been informed that unless the student's parent or other individual has been granted guardianship of the student under the probate code, chapter 13, Guardianship, all rights granted to the parent under the Individuals with Disabilities Education Act, or IDEA, Part B, other than the right to receive any notice required under IDEA, part B, will transfer to the student upon reaching age eighteen. The IEP must also state that the student has been provided information and resources regarding guardianship, alternatives to guardianship, including a supported decision making agreement under Texas Estates Code, Chapter 1357, and other supports and services that may enable the student to live independently. The LEA must notify in writing the adult student and parent of the transfer of parental rights as described in subsections a and b of this section at the time the student reaches the age of eighteen. This notification is separate and distinct from the requirement that the student's IEP include a statement relating to the transfer of parental rights beginning at least one year before the student reaches the age of eighteen. This notification is not required to contain the elements of notice referenced in Title 34 of the Code of Federal Regulations section 300.503 but must include a statement that parental rights have transferred to the adult student. The notice must also include information and resources regarding guardianship, alternatives to guardianship, including a supported decision making agreement under Texas Estates Code, Chapter 1357, and other supports and services that may enable the student to live independently and must provide contact information for the parties to use in obtaining additional information. The Notice of Transfer of Rights Model Form, available on the Texas SPED support website, provides a model form, information, and resources for local educational agencies to notify students and parents of the transfer of rights, guardianship, and alternatives to guardianship. This includes supported decision making agreements described in Chapter 1357, Estate's Code, and other supports and services that may enable the student to live independently. The transfer of rights to the adult student will occur unless the adult student has been determined to be incompetent under state law and a court of law has appointed an individual as the legal guardian for the adult student. If appropriate, the ARD committee will complete additional requirements for transportation as well as if the student will be placed at the Texas School for the Blind and Visually Impaired, or TSBVI, the Texas School for the Deaf, or TSD, a residential care and treatment facility, off-home campus or at a non-public day school. Special transportation needs will be addressed if the student cannot ride the typical bus system due to disability, safety, communication, or additional supervision needs. When the ARD committee determines that the student will be placed at the TSBVI or the TSD, the IEP must describe the services in the student's IEP that the TSBVI or the TSD can appropriately provide and the criteria and estimated timelines for the student's return to the resident school district as applicable. Additionally, the resident school district, including if a student was enrolled in an open enrollment charter school at the time of referral and placement at TSBVI or TSD is responsible for the transportation of students placed at TSBVI or TSD's residential program at the beginning and end of the school terms, and for regularly scheduled holidays when all students are expected to leave the residential campus. When an ARD committee determines that a non-public or non-district operated day program or non-public residential program is necessary to provide a student with a FAPE, the IEP must describe the services which the school district is unable to provide and which the facility will provide, the criteria and estimated timelines for the student's return to the school district, and the appropriateness of the facility or program for the student. Additionally, the entity that contracts with a school district to provide FAPE to a student is subject to Title 19 of the Texas Administrative Code, section 89.1094. Extended School Year, or ESY, services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. The need for ESY services must be addressed for every student with a disability at least annually. If a student for whom ESY services were considered and rejected at the annual IEP review meeting later demonstrates a need for ESY services based on the criteria described in this section, the parent and school district must determine either through an IEP amendment by agreement or during an ARD committee meeting the location, duration, and frequency of ESY services the student requires. If a student for whom ESY services were 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 must reconsider the current IEP if the student's loss of critical skills interferes with the implementation of the student's IEP. The ARD committee must determine the need for ESY services on an individual basis. In determining the need for, and in providing ESY services, a school district may not limit ESY services to particular categories of disability, or unilaterally limit the type, amount, or duration of ESY services. For students enrolling in a district during the school year, information obtained from the prior school district and information collected during the current year may be used to determine the need for ESY services. The need for ESY services must be documented using data collected by the district and the student's parents using formal or informal assessments. The documentation must demonstrate that in one or more critical areas addressed in the current IEP where the student has previously demonstrated acquired progress, the student has exhibited, or reasonably may be expected to exhibit, severe or substantial regression that cannot be recouped within a reasonable period of time. Severe substantial regression means that the student has been or will be unable to maintain previously acquired progress in one or more critical IEP areas in the absence of ESY services. A reasonable period of time for the recoupment of acquired critical skills must be determined based on the needs identified in each student's IEP. If the loss of acquired critical skills would be particularly severe or substantial, or if such loss results or reasonably may be expected to result in immediate physical harm to the student or to others, ESY services may be justified without consideration of the period of time for recoupment of such skills. In any case, the period of time for recoupment must not exceed eight weeks. A skill is critical when the loss of that skill results, or is reasonably expected to result, in any of the following occurrences during the first eight weeks of the next regular school year. Placement in a more restrictive instructional arrangement. Significant loss of acquired skills necessary for the student to appropriately progress in the general curriculum, significant loss of self sufficiency in self help skill areas as evidenced by an increase in the number of direct service staff and or amount of time required to provide special education or related services. Loss of access to community based independent living skills instruction or an independent living environment provided by non educational sources as a result of regression in skills, or loss of access to on the job training or productive employment due to regression in skills. The provision of ESY services is limited to the educational needs of the student and must not supplant or limit the responsibility of other public agencies to continue to provide care and treatment services pursuant to policy or practice, even when those services are similar to, or the same as, the services addressed in the student's IEP. No student will be denied ESY services services because the student receives care and treatment services under the auspices of other agencies. If a student whose IEP notes that ESY services are required withdraws from one district and registers in another district during the summer months, the new district will be responsible for ensuring those services are provided. This may include the direct provision of those services or contracting with the previous district or another entity to provide the services or payment for the services. Another topic to discuss during an initial ARD committee meeting is connecting to community supports. Per Texas Education Code section 29.030, effective beginning with the 2025-2026 school year. At the first ARD committee meeting during which a student's IEP is developed, a school district shall provide the parent of a student who has an intellectual disability or a developmental delay with information about services and public benefits provided by the local intellectual and developmental disability authority, or LIDDA, that serves the county in which the student resides including services under waiver programs. To share the required information at the first ARD committee meeting during which the IEP is developed for a student with an intellectual disability, or a developmental delay, each LEA will use the connecting to community supports resource to ensure that families are provided with information about their LIDDA. Before distributing this resource, please add your local contact information to the relevant fields. You can access the document in 34 languages by clicking the link in the handout or by scanning the QR code. Lastly, a topic that may need to be addressed during an ARD committee meeting is the Additional Day School Year, or ADSY, under House Bill 2. The Additional Day School Year, or ADSY, initiative provides formula funding to support school systems with adding up to 30 additional instructional days beyond a minimum of 175 days at eligible campuses for grades Pre K-8. ADSY promotes expanded learning time and reduces summer learning loss. Early implementation of ADSY statewide indicates that extending the school year by adopting additional days and implementing a comprehensive academic strategy leads to clear academic gains for students. ADSY addresses summer learning loss, which can have a profound effect on students from low income backgrounds. The cumulative impact of summer learning loss has been shown to create a gap of up to three grade levels for low income students by the fifth grade. What does a school system need to consider regarding special education services during ADSY instructional days? To ensure that all students receive a free and appropriate public Education or FAPE providing ADSY instructional days, we'll need to ensure that ARD committees determine whether special education services must be provided to students during ADSY instructional days on an individual basis. The ARD committee should determine whether the provision of supplementary aids and services are appropriate and necessary to afford the student an equal opportunity to participate in ADSY. If an IEP does not address extracurricular items such as ADSY days, the student's ARD committee will need to determine if the student needs services on those days. If the ARD committee determines that the student will not receive special education services on ADSY days, then the LEA will only report basic attendance for that student. The ARD committee should also consider whether the student's schedule of services must be amended. If making changes to an IEP after the annual ARD committee meeting, the parent and the LEA may agree not to convene an ARD committee meeting for the purposes of making those changes and instead may amend by written agreement and provide changes to the student's ARD committee members. Does the Extended School Year, or ESY, program qualify for ADSY funding? The ESY program is a separate program from ADSY. A student can qualify for both ADSY and ESY funding on the same instructional day if they attend both programs on the same day. However, the programs must be run separately. Students attending an ESY program do not qualify for ADSY attendance if the ADSY instructional hours occur during the ESY program hours. For example, if a student's IEP calls for four hours of ESY services per day, the campus must also provide at least an additional two hours of instruction required for ADSY funding outside of the ESY services for the student to receive funding for both ADSY and ESY attendance on the same day. Although not required by IDEA or state rules, at the conclusion of the ARD committee meeting, the assurances to the committee members are typically read aloud by the LEA representative. These assurances focus on assuring that removal of students with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Each student with a disability participates in non academic and extracurricular services and activities, including meals and recess periods, with non disabled students to the maximum extent appropriate to the needs of the student, and to the maximum extent appropriate, students with disabilities, including students in public or private institutions or other care facilities, are educated with students who are non disabled. At the conclusion of the meeting, the deliberations and decisions of the ARD committee should be reviewed. The written statement of the IEP must accurately document the decisions of the ARD committee concerning issues discussed at each ARD committee meeting. Decisions documented in other sections of the IEP do not have to be restated in the deliberations section. The written statement must also include the date of the meeting, the name, position, and signature of each member participating in the meeting, and an indication of whether the child's parents, the adult student, if applicable, and the administrator agreed or disagreed with the decisions of the ARD committee. A committee decision concerning required elements of the IEP must be made by mutual agreement of the required members if possible. We will discuss what happens if mutual agreement is not achieved in a moment. When mutual agreement about all required elements of the IEP is not achieved, the parent who disagrees must be offered a single opportunity to recess and reconvene the ARD committee meeting. The period of time for reconvening the ARD committee meeting must not exceed ten school days unless the parties mutually agree otherwise. The ARD committee must schedule the reconvened meeting at a mutually agreed upon time and place. The opportunity to recess and reconvene is not required when the student's presence on the campus presents a danger of physical harm to the student or others, or when the student has committed an expellable offense, or an offense that may lead to a placement in a disciplinary alternative education program. When an ARD committee agrees to recess and reconvene due to a lack of mutual agreement about one or more of the required elements of the IEP, the parent and the LEA may request an independent facilitator from the TEA by completing and submitting the required form within ten calendar days of the ARD committee meeting that ended in disagreement. Title 19 of the Texas Administrative Code section 89.1197e specifies the conditions that must be met for TEA to provide an independent facilitator. During the recess, the ARD committee members must consider alternatives, gather additional data, prepare further documentation, and or obtain additional resource persons who may assist in enabling the ARD committee to reach a mutual agreement. If a recess is implemented and the ARD committee still cannot reach a mutual agreement, the school district must implement the IEP that it has determined to be appropriate for the student. Each member of the ARD committee who disagrees with the IEP developed by the ARD committee is entitled to include a statement of disagreement in the IEP. The ARD committee is not prohibited from recessing an ARD committee meeting for reasons other than failing to reach a mutual agreement about all required elements of an IEP. Think of it as hitting the pause button on the meeting. Examples that may indicate a need to recess an ARD committee meeting include fire drill, shelter in place, a member becomes sick, technology disruptions, need for additional data, or personnel to participate. Note that this list is not exhaustive. The ARD committee members decide whether the event or situation requires a recess. While the ARD meeting can be paused or recessed, please remember that the date of the meeting is when the meeting is completed. An IEP may be amended without an ARD committee meeting when there are proposed changes to: PLAAFP statement, goals and objectives or benchmarks, state assessments, progress measurement, accommodations, transportation. In making changes to an IEP after the annual ARD Committee meeting, the parent and the school may agree not to convene an ARD Committee meeting to make changes, and instead may develop a written document to amend or modify the current IEP. To amend the IEP without an ARD committee meeting, the parent of the student with a disability. And the LEA must agree not to convene an ARD committee meeting to make changes to the IEP and the LEA must develop a written document to amend or modify the student's IEP. If the IEP is amended without an ARD committee meeting, the ARD committee members must be informed of those changes. It is best practice to provide the parents with the revised copy of the IEP with the amendments incorporated. An IEP amendment process may not be used for eligibility determinations, changes of placement, manifestation determination review, or MDR, annual ARD Committee meeting. An ARD Committee meeting must be conducted for these circumstances. Best practices for ARD committee meetings. Always start the ARD committee meeting on time and use an agenda to keep everyone on topic. A meeting agenda ensures that all areas are discussed. Assign someone to document the minutes of the meeting. A complete yet concise summary of the information discussed during the meeting is beneficial. Especially if there are any areas of concern. If there are disagreements during the ARD committee meeting, report the parent or parents concerns and the LEA's responses to those concerns. Anyone should be able to read the meeting minutes later and be clear about what transpired during that meeting. Ground rules may need to be discussed at the beginning of the ARD Committee meeting if participants anticipate some disagreement of the topics that will be addressed. Sharing a draft of the IEP with the parents prior to the ARD committee meeting for input is a best practice. Communicate with parents periodically throughout the year. The parent directed special education services, or PDSES, program, previously the Supplemental Special Education Services, or SSES, program, is a one time $1,500 online grant for parents or guardians of eligible students served by special education and who are enrolled in a Texas public school. Parents or guardians of eligible students can use the online accounts to shop the marketplace to obtain educational materials and resources such as textbooks, curriculum, or technology devices and or services such as additional speech therapy, tutoring, or other specific services. Please note that the PDSES program is the same as the SSES program, just with a new name to better reflect the importance of parents as decision makers in the educational process. Families with current SSES applications will still be awarded accounts based on the order in which they applied. The same students eligible for the SSES program are eligible for the PDSES program. Students who already received an SSES grant will not be eligible for a PDSES program grant. Unless a school district or open enrollment charter school has verified that a parent has already received or applied for a PDSES grant, instructions and resources on accessing the online accounts, including the application window and information about the types of goods and services that are available through the program must be shared in an ARD committee meeting. Thank you for joining us today to learn more about ARD committee meeting requirements and best practices. If you have any questions or need more information, please connect with your regional ARD or IEP support statewide contact. You can access the statewide contact list by scanning the QR code.