ARD Meeting Guide: Keller ISD

What Is an ARD Meeting?

Welcome to the world of special education in Keller ISD. As a parent of a child with a disability, you are a vital member of your child's educational team. One of the most important aspects of special education is the ARD meeting. ARD stands for Admission, Review, and Dismissal. It's a formal meeting required by the Individuals with Disabilities Education Act (IDEA) and Texas Education Code (TEC) §29.005, where decisions are made about your child's special education program.

The primary purpose of the ARD meeting is to develop, review, and revise your child's Individualized Education Program (IEP). The IEP is a legally binding document that outlines your child's unique educational needs, the specific goals they will work towards, the services and supports they will receive, and how their progress will be measured. Think of it as a personalized roadmap to help your child succeed in school.

Who attends an ARD meeting? The ARD committee is made up of several key individuals, each with a specific role: You, the parent, are the most important member of the ARD committee, bringing crucial knowledge about your child's strengths, needs, and experiences outside of school. A representative from the school district who is qualified to provide or supervise special education services is also required. This person is usually the principal, assistant principal, special education director, or another administrator. Your child's special education teacher and a general education teacher (if your child is or may be participating in the general education environment) will also be present, bringing their expertise on your child's academic performance and classroom behavior. An educational diagnostician or Licensed Specialist in School Psychology (LSSP) will typically be there to interpret evaluation data and discuss your child's cognitive and academic abilities. In some cases, other professionals, such as a speech therapist, occupational therapist, or physical therapist, may attend if their expertise is relevant to your child's needs. Your child may also be invited to participate, especially as they get older, to share their perspectives and goals.

Remember, the ARD meeting is a collaborative process. Everyone at the table is there to work together to create the best possible educational plan for your child. Don't be afraid to ask questions, voice your concerns, and share your insights. Your input is invaluable.

Your 5-Day Notice Right

Before an ARD meeting takes place, Keller ISD is legally required to provide you with written notice at least five calendar days in advance. This requirement ensures that you have ample time to prepare for the meeting, gather your thoughts, and collect any relevant information. This notice is not merely a formality; it's a crucial safeguard to protect your right to participate meaningfully in the decision-making process.

The written notice must include several important pieces of information. First and foremost, it must clearly state the purpose of the meeting. Is it an initial ARD to determine eligibility for special education services? Is it a review of your child's existing IEP? Is it a dismissal meeting to discuss whether your child no longer requires special education? The notice must be specific about the reason for the meeting.

The notice must also include the date, time, and location of the meeting. This allows you to plan your schedule accordingly and make arrangements to attend. The notice should list the names and titles of all the individuals who are expected to attend the meeting. This helps you understand who will be present and whose perspectives will be shared. Finally, the notice must inform you of your rights as a parent under IDEA and the Texas Education Code. This includes your right to participate in the ARD process, your right to access your child's educational records, and your right to challenge decisions made by the ARD committee.

It is possible to waive your right to the five-day notice period and agree to meet sooner. This is entirely your decision. If you feel prepared and comfortable meeting before the five-day period has elapsed, you can sign a written waiver. However, never feel pressured to waive your rights. If you need more time to prepare, don't hesitate to request it. The ARD committee is there to work with you, and they should respect your need for adequate preparation time.

What to Bring to Your ARD

Coming prepared to your child's ARD meeting can make a significant difference in the outcome. Being organized and having relevant information readily available will empower you to actively participate and advocate for your child's needs. Here's a detailed list of items you should consider bringing:

Prior Evaluations and Assessments: If your child has undergone any previous evaluations, whether conducted by the school district or by private professionals, bring copies of those reports. This includes psychological evaluations, speech and language evaluations, occupational therapy evaluations, and any other assessments that provide insights into your child's strengths and areas of need. These evaluations can provide valuable data to inform the development of your child's IEP.

Doctor's Letters and Medical Records: If your child has any medical conditions that impact their learning or behavior, bring letters from their doctors explaining the condition and any recommendations they may have for educational accommodations or supports. For example, if your child has ADHD, a letter from their pediatrician or psychiatrist could be helpful in outlining strategies to manage their attention and impulsivity in the classroom. Medical records can also provide important context for understanding your child's overall health and well-being.

School Records and Work Samples: Gather any relevant school records, such as report cards, progress reports, attendance records, and disciplinary records. These documents can provide a picture of your child's academic performance, attendance patterns, and behavior at school. Bring samples of your child's work, such as writing assignments, tests, and projects. These samples can illustrate your child's strengths and areas where they may be struggling.

A Written List of Concerns and Goals: Before the meeting, take some time to reflect on your child's educational needs and write down a list of your specific concerns and goals. What are you hoping your child will achieve in the coming year? What areas do you think need the most attention? Having a written list will help you stay focused during the meeting and ensure that you address all of your key priorities. Share this list with the ARD committee at the beginning of the meeting.

A Trusted Advocate or Support Person: It can be helpful to bring a trusted friend, family member, or advocate to the ARD meeting. This person can provide emotional support, take notes, and help you remember key points discussed during the meeting. An advocate can also help you understand your rights and navigate the special education process. Organizations like Disability Rights Texas and the Arc of Texas can provide advocacy services.

A Voice Recorder: In Texas, it is legal to record the ARD meeting, but you must inform the ARD committee that you are doing so. Providing this notice is essential. A voice recorder can be a valuable tool for capturing the details of the meeting and ensuring that you have an accurate record of what was discussed. This can be especially helpful if you need to review the meeting later or share the information with others.

The 10-Day Recess Rule

The "10-Day Recess Rule" is a vital safeguard within the ARD process, designed to ensure that all members of the ARD committee, including you as the parent, have sufficient time to consider information, seek external expertise, or simply process complex decisions before finalizing the IEP. This rule allows for a pause in the ARD process of up to 10 school days (excluding weekends and holidays) to allow for further review and consultation.

Any member of the ARD committee, including yourself, has the right to request a recess. You might invoke this right if you feel overwhelmed by the amount of information being presented, if you need time to consult with an advocate or independent expert, or if you simply need more time to think about the proposed IEP before making a decision. For example, if the ARD committee is proposing a new placement that you're unsure about, you could request a recess to visit the proposed classroom and observe the program firsthand. Or, if the committee is recommending a particular therapy that you're unfamiliar with, you could use the recess to research the therapy and speak with other parents who have experience with it.

To invoke the 10-day recess rule, simply state your request clearly during the ARD meeting. You can say something like, "I'd like to request a recess of 10 school days to review this information more thoroughly and consult with my advocate." The ARD committee is obligated to grant your request. The meeting will then be paused, and a new date will be scheduled to reconvene and finalize the IEP. It is important to note that the 10-day period refers to school days, not calendar days, so weekends and holidays are not counted.

Remember, you do not need to justify your request for a recess. It is your right as a parent to have sufficient time to consider important decisions about your child's education. Don't hesitate to use this tool if you feel it would be beneficial for you or your child.

Understanding the IEP Document

The Individualized Education Program (IEP) is the heart of your child's special education. It is a comprehensive document that outlines their unique educational needs, the specific goals they will work towards, the services and supports they will receive, and how their progress will be measured. Understanding the different sections of the IEP is crucial for you to effectively advocate for your child.

The IEP typically begins with a section called "Present Levels of Academic Achievement and Functional Performance," often abbreviated as "Present Levels." This section describes your child's current academic performance, functional skills (such as communication, social skills, and self-help skills), and how their disability affects their involvement and progress in the general education curriculum. It should be based on a variety of sources, including evaluations, assessments, classroom observations, and your input as the parent. The Present Levels section serves as the foundation for the rest of the IEP, as it identifies the areas where your child needs support and guides the development of appropriate goals.

Next, the IEP will include a section on "Annual Goals." These are specific, measurable, achievable, relevant, and time-bound (SMART) goals that your child is expected to achieve within one year. The goals should be directly related to your child's Present Levels and should address their identified areas of need. For example, if your child struggles with reading comprehension, an annual goal might be to improve their reading comprehension skills to a certain level by the end of the school year. The IEP should also specify how your child's progress towards these goals will be measured and reported to you.

The "Services" section of the IEP outlines the specific special education and related services that your child will receive. This may include specialized instruction, speech therapy, occupational therapy, physical therapy, counseling, transportation, and other supports. The IEP should specify the frequency, duration, and location of these services. For example, it might state that your child will receive 30 minutes of speech therapy twice a week in the speech therapist's office. The services should be designed to help your child achieve their annual goals and access the general education curriculum.

The "Placement" section of the IEP describes where your child will receive their special education services. This could be in a general education classroom with supports, a resource room, a self-contained classroom, or another setting. The IEP should explain why the chosen placement is the most appropriate for your child, taking into account their individual needs and the principle of least restrictive environment (LRE). LRE means that your child should be educated with their non-disabled peers to the maximum extent appropriate.

Finally, the IEP will include a section on "Accommodations and Modifications." Accommodations are changes to the way a student learns, without changing the content of what they are learning. Modifications are changes to the content of what a student is learning. Examples of accommodations include providing extra time on tests, allowing the use of assistive technology, and providing preferential seating. Examples of modifications include reducing the number of questions on a test, simplifying the reading material, and providing alternative assignments.

It's important to remember that you do not have to sign the IEP on the same day as the ARD meeting. You have the right to take the document home, review it carefully, and discuss it with your family or advocate before making a decision. If you have any questions or concerns, don't hesitate to contact the ARD committee for clarification.

When You Disagree With the Team

Disagreements can arise during the ARD process, and it's important to know your rights as a parent when this happens. You have the right to advocate for your child's needs, even if it means disagreeing with the school district. IDEA and Texas Education Code provide several safeguards to protect your rights.

First and foremost, you have the right to refuse consent for your child's initial placement in special education. If you do not agree with the ARD committee's determination that your child needs special education services, you can refuse to sign the IEP and your child will not be placed in special education. However, the school district can pursue Due Process to override your refusal of consent. It's important to understand the implications of refusing consent and to seek legal advice if you are considering this option.

Even after your child is receiving special education services, you have the right to disagree with specific aspects of the IEP. You can refuse to sign the IEP if you do not agree with the goals, services, placement, or any other element of the plan. By not signing, you are signaling that you do not consent to the implementation of that particular IEP. You can also write "parent disagrees" on the IEP document itself, indicating that you disagree with certain aspects of the plan. This will create a record of your disagreement and preserve your right to pursue further action.

Another important right you have is the right to request an Independent Educational Evaluation (IEE) at the school district's expense. An IEE is an evaluation conducted by a qualified professional who is not employed by the school district. If you disagree with the school district's evaluation of your child, you have the right to request an IEE. The school district must either grant your request or initiate a Due Process hearing to demonstrate that their evaluation was appropriate. An IEE can provide a valuable second opinion and help you make informed decisions about your child's education.

Escalation Options

If you have exhausted all informal means of resolving disagreements with the ARD committee and you are still not satisfied, there are several formal escalation options available to you. These options are outlined in IDEA 2004 and 19 TAC Chapter 89, which are the legal frameworks governing special education in Texas. It is important to note that Legal Aid resources exist for parents in some situations.

TEA State Complaint: The first formal option is to file a 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 the Texas Education Code. TEA will review the evidence and determine whether the school district has violated your child's rights. If TEA finds a violation, they can order the school district to take corrective action.

Mediation: Another option is to request mediation through TEA. Mediation is a voluntary process where a neutral third party helps you and the school district reach a mutually agreeable resolution. TEA provides free mediation services. The mediator does not make decisions or impose solutions; instead, they facilitate communication and help the parties find common ground. Mediation can be a valuable tool for resolving disagreements without resorting to more adversarial processes.

Due Process Hearing: If mediation is unsuccessful or you choose not to pursue it, you can request a Due Process hearing. This is a more formal legal proceeding where an impartial hearing officer hears evidence and makes a decision about your child's special education. You have the right to present evidence, call witnesses, and cross-examine the school district's witnesses. The hearing officer's decision is legally binding, but you can appeal it to state or federal court. Due Process hearings can be complex and time-consuming, and it is highly recommended that you seek legal representation if you are considering this option.

Federal Office for Civil Rights Complaint: In addition to the options above, you can also file a complaint with the Federal Office for Civil Rights (OCR). OCR investigates complaints of discrimination based on disability. If you believe that your child has been discriminated against by the school district, you can file a complaint with OCR. OCR can investigate the complaint and order the school district to take corrective action if they find evidence of discrimination.