ARD Meeting Guide: Comal ISD

What Is an ARD Meeting?

If your child has been identified as having a disability that impacts their ability to learn in a general education setting, they are likely eligible for special education services within Comal ISD. The process to determine these services, create a plan to help your child succeed, and review their progress is centered around a meeting called an ARD meeting. ARD stands for Admission, Review, and Dismissal. Think of it as the cornerstone of your child's special education journey. The ARD committee is a team of individuals who work together to develop an Individualized Education Program, or IEP, that is specifically tailored to your child's unique needs.

The purpose of the ARD meeting is multifaceted. First, the "Admission" aspect involves determining if your child meets the criteria for special education services. Then, the team engages in a "Review" of your child's academic performance, progress on existing goals (if applicable), and any new information that might be relevant to their educational needs. Finally, "Dismissal" refers to the possibility that a child may no longer need special education services, which would also be decided in an ARD meeting. The ARD meeting is not a one-time event; it happens at least annually to review and update the IEP, and can occur more frequently if needed.

Key individuals are required to attend the ARD meeting. These include you, as the parent or legal guardian, who are a vital member of the team. After all, you know your child best. A special education teacher who is knowledgeable about your child's specific disability is a must. A general education teacher (if your child participates in general education) should also be there to provide insight into how your child is performing in the regular classroom setting. A school administrator or their designee will attend to ensure that the decisions made are aligned with district policies and resources. A Comal ISD diagnostician or educational specialist will be there to interpret evaluation results. And lastly, if appropriate (typically starting around age 14), your child is invited and encouraged to participate in the ARD meeting. Other individuals may be invited based on your child's specific needs, such as a speech therapist, occupational therapist, counselor, or behavior specialist. This meeting is mandated by the Individuals with Disabilities Education Act (IDEA), a federal law, and Texas Education Code 29. These laws ensure that students with disabilities receive a free and appropriate public education (FAPE) designed to meet their unique needs.

Your 5-Day Notice Right

The law protects your right to adequate preparation for an ARD meeting. Comal ISD is required to provide you with written notice of the ARD meeting at least five calendar days before it is scheduled to take place. This notice is not just a courtesy; it's a legal requirement designed to give you sufficient time to prepare, gather information, and arrange for support if needed. The notice must include the date, time, and location of the meeting, as well as the purpose of the meeting. It should also list the individuals who will be in attendance. Most importantly, the notice must describe the topics that will be discussed during the meeting. This allows you to anticipate the conversation and prepare any questions or information you want to share with the team.

It is crucial to pay attention to this notice. If the notice does not provide enough detail about the topics to be discussed, or if you feel five days is insufficient time to prepare, you have the right to request a postponement of the meeting until you feel ready. The school must make reasonable attempts to accommodate your request. While the five-day notice is a protection for you, it's also possible to waive this right if you and the school agree that an earlier meeting is in your child's best interest. This waiver must be done in writing, demonstrating that you understand your right to the five-day notice and are voluntarily choosing to forego it in order to meet sooner. For example, if an urgent situation arises and an immediate adjustment to your child's IEP is necessary, you may want to consider waiving the five-day notice.

What to Bring to Your ARD

Preparing for an ARD meeting can feel overwhelming, but being well-prepared can make a significant difference in ensuring your child's needs are met. Think of the ARD meeting as a collaborative problem-solving session, and your contributions are invaluable.

First, gather any prior evaluations or assessments that are relevant to your child's disability. This includes evaluations conducted by Comal ISD, as well as any private evaluations you may have obtained from doctors, psychologists, or therapists. These documents provide objective data about your child's strengths and weaknesses, which can inform the development of appropriate goals and services. Letters from your child's doctors or therapists are also crucial. These letters can provide medical or therapeutic perspectives on your child's needs, including any specific recommendations for accommodations or interventions. Bring copies of your child's school records, including report cards, progress reports, and any teacher notes or communication. These records provide a picture of your child's academic performance and behavior in the classroom over time.

Perhaps most importantly, prepare a written list of your specific concerns and priorities for your child's education. What are your hopes and dreams for your child? What challenges are you seeing at home or in the community that might impact their learning? Writing these down beforehand will help you stay focused during the meeting and ensure that your voice is heard. Consider bringing a trusted advocate or support person with you to the ARD meeting. This could be a friend, family member, or professional advocate who can provide emotional support, take notes, and help you articulate your concerns. Finally, it is legal in Texas to record the ARD meeting, provided you give the school district notice that you intend to do so. A voice recorder can be a valuable tool for ensuring that you have an accurate record of the discussions and decisions made during the meeting.

The 10-Day Recess Rule

The law recognizes that sometimes, ARD meetings can be complex and require more time for reflection, consultation, or gathering additional information. Therefore, any member of the ARD committee, including you as the parent, has the right to request a recess of the meeting for up to ten school days. This recess allows time to gather more information, consult with experts, or simply process the information that has been presented.

Perhaps the team is considering a new intervention or placement that you are unfamiliar with, or you need more time to consult with a professional advocate. The recess provides an opportunity to do so without feeling pressured to make an immediate decision. To invoke the 10-day recess rule, simply state your request clearly during the ARD meeting. You do not need to provide a detailed explanation, but it is helpful to state the reason for your request so that the team understands your concerns. The team must grant your request for a recess, and the meeting will be rescheduled to resume within ten school days. It is important to note that the recess is not intended to delay the process unnecessarily, but rather to ensure that you have the opportunity to make informed decisions about your child's education.

Understanding the IEP Document

The IEP document is the tangible outcome of the ARD meeting, a written plan outlining your child's individualized education program. The ARD team collaborates to define several key components within the IEP. The first critical section describes your child's present levels of academic achievement and functional performance. This section outlines your child's strengths and weaknesses across various areas, such as reading, math, writing, behavior, and social skills. It is crucial that this section accurately reflects your child's current abilities and challenges, as it forms the foundation for setting appropriate goals.

Based on the present levels, the ARD team will develop annual goals that are measurable and achievable within a year. These goals should address your child's specific needs and help them make progress in their education. The IEP will outline the specific services that your child will receive to help them achieve these goals. These services may include specialized instruction, therapy, counseling, or assistive technology. The IEP will also specify the amount of time your child will spend in general education versus special education settings. This is referred to as placement. The goal is to find the least restrictive environment (LRE) where your child can succeed, meaning they should be integrated with their non-disabled peers to the maximum extent appropriate.

Finally, the IEP outlines any accommodations that your child needs to access the general education curriculum. Accommodations are changes to how instruction is delivered or how students demonstrate their learning. Examples include extended time on tests, preferential seating, or the use of assistive technology. It is important to remember that you, as the parent, do not have to sign the IEP document on the same day as the ARD meeting. You have the right to take the document home, review it carefully, and seek advice from advocates or other professionals before making a decision. Take your time and ensure that you are comfortable with the plan before signing.

When You Disagree With the Team

It is perfectly normal to have disagreements with the ARD team. After all, you are advocating for your child's best interests, and sometimes perspectives can differ. It is crucial to remember that you have specific rights when disagreements arise. One of the most fundamental rights is the right to refuse consent for your child's initial placement in special education. If you do not agree that your child needs special education services, you can refuse to sign the IEP, and the school cannot proceed with placing your child in a special education program. You also have the right to refuse to sign the IEP document even if you agree with some parts of it. Your signature signifies your agreement with the entire plan, so if you have reservations about any aspect of the IEP, you should not sign it.

If you disagree with the ARD team's evaluation of your child's needs, you have the right to request an Independent Educational Evaluation (IEE) at the district's expense. This means that you can have your child evaluated by a qualified professional who is not employed by the school district. The results of the IEE can be presented to the ARD team and must be considered in making decisions about your child's IEP. Even if you choose to sign the IEP document, you have the right to write "parent disagrees" on the document next to your signature. This indicates that you have reservations about some aspect of the plan and preserves your right to pursue further action if necessary.

Escalation Options

If you are unable to resolve your disagreements with the ARD team through informal discussions and negotiations, there are several formal options available to you. These options are outlined in the Individuals with Disabilities Education Act (IDEA) and Texas Education Code, specifically 19 TAC Chapter 89. The first option is to file a formal complaint with the Texas Education Agency (TEA). This is a free process, and TEA is required to investigate the complaint and issue a decision within 60 days. The complaint must allege a violation of IDEA or state special education laws.

The second option is mediation. TEA offers free mediation services to parents and school districts to help resolve disputes related to special education. A neutral mediator facilitates a discussion between the parties in an attempt to reach a mutually agreeable solution. Mediation is voluntary, and both parties must agree to participate. The third option is a due process hearing. This is a more formal legal process that involves presenting evidence to an impartial hearing officer who will make a binding decision. Due process hearings can be time-consuming and expensive, and it is advisable to seek legal counsel before pursuing this option. You can find more information about due process hearings on the TEA website or by contacting Disability Rights Texas.

Finally, you have the option of filing a complaint with the Federal Office for Civil Rights (OCR). OCR investigates allegations of discrimination based on disability in programs that receive federal funding, including public schools. The Legal Framework for the Child-Centered Special Education Process provides a great deal more information regarding parental rights under IDEA. IDEA 2004 and 19 TAC Chapter 89 govern all of these rights.