ARD Meeting Guide: Schertz-Cibolo-Universal City ISD

1. What Is an ARD Meeting

Welcome to the world of special education! As a parent in Schertz-Cibolo-Universal City ISD, you are a vital member of your child's educational team. One of the most important meetings you will attend is called the ARD meeting. ARD stands for Admission, Review, and Dismissal. This meeting is required by the Individuals with Disabilities Education Act (IDEA), a federal law that ensures children with disabilities receive a Free Appropriate Public Education (FAPE), and Texas Education Code, specifically Chapter 29, which outlines special education services in Texas. The purpose of the ARD meeting is to determine if your child is eligible for special education services, to develop an Individualized Education Program (IEP) tailored to their specific needs, to review the IEP periodically, and, when appropriate, to determine if special education services are no longer necessary.

The ARD committee is a team of individuals who work together to make decisions about your child's education. You, as the parent, are a critical member of this team and your input is essential. Other members typically include a school administrator, a special education teacher, a general education teacher (if your child is, or may be, participating in the general education environment), an educational diagnostician who can interpret evaluation results, and other relevant professionals, such as a speech-language pathologist, occupational therapist, or counselor, depending on your child's needs. The school district may also invite other individuals with knowledge or special expertise regarding your child, including, if appropriate, the child themselves. Keep in mind that IDEA requires the school to consider inviting the child to the ARD meeting when appropriate and, beginning no later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the ARD team, to invite the child to the ARD meeting if transition services are being considered.

2. Your 5-Day Notice Right

You have the right to receive written notice of an ARD meeting at least five calendar days before the meeting date. This notice is not just a formality; it is a crucial part of ensuring that you have ample time to prepare for the meeting and gather any information you feel is necessary. This notice is a written document from the school district that explains the purpose of the meeting, the date, time, and location of the meeting, and a list of individuals who will be attending. It will also inform you of your right to participate and to invite other individuals with knowledge or special expertise regarding your child. The notice should be clear and easy to understand. If you find anything confusing, don't hesitate to contact the school district to ask for clarification.

It's important to carefully review the notice and make sure you understand the agenda and the topics that will be discussed. This will help you to organize your thoughts and prepare any questions or concerns you may have. While you are entitled to this five-day notice, you can waive this right in writing if you choose to meet sooner. This might be beneficial if there is an urgent situation or if you and the school district agree that an earlier meeting is in your child's best interest. However, never feel pressured to waive your right to the five-day notice if you need more time to prepare. Always ensure you're comfortable with the decision before signing a waiver.

3. What to Bring to Your ARD

Preparing for an ARD meeting is essential. Being well-prepared will allow you to actively participate and advocate effectively for your child. There are several things you should consider bringing to the meeting. Firstly, gather any prior evaluations or assessments that have been conducted on your child, whether they were performed by the school district or by outside professionals. This includes psychological evaluations, educational assessments, speech-language evaluations, occupational therapy evaluations, or any other relevant assessments. This information can provide valuable insights into your child's strengths and weaknesses and can help the ARD committee develop an appropriate IEP.

Secondly, bring any letters or reports from doctors, therapists, or other medical professionals who have worked with your child. These documents can provide valuable medical information that may be relevant to your child's educational needs. For example, a doctor's note explaining a medical condition that impacts your child's learning could be beneficial. Thirdly, gather any relevant school records, such as report cards, progress reports, or samples of your child's work. This information can provide a clear picture of your child's academic performance and progress over time.

Fourthly, and perhaps most importantly, prepare a written list of your concerns and goals for your child's education. This list should be specific and detailed, outlining any areas where you feel your child is struggling and what you hope to achieve through special education services. This will help ensure that your concerns are addressed during the meeting and that the IEP reflects your priorities. Fifthly, consider bringing a trusted advocate or support person with you to the ARD meeting. This person can provide emotional support, help you to remember important details, and offer a different perspective on the discussion. This could be a family member, a friend, or a professional advocate who is knowledgeable about special education law and procedures. Finally, in Texas, it is legal to audio record the ARD meeting, as long as you provide the school district with 24-hour notice that you intend to record. A voice recorder can be a valuable tool for documenting the meeting and ensuring that you have an accurate record of the decisions that were made.

4. The 10-Day Recess Rule

The "10-Day Recess Rule" is a powerful tool that allows any member of the ARD committee, including you as the parent, to request a temporary pause in the ARD meeting to gather more information or seek additional support. This recess can be for up to 10 school days. This rule exists to ensure that all decisions made during the ARD meeting are well-informed and in the best interest of the child. If you feel that you need more time to consider the information presented, consult with an advocate, or gather additional documentation, you have the right to request a recess.

To invoke the 10-Day Recess Rule, simply state clearly during the ARD meeting that you are requesting a recess for a specific purpose, such as to obtain a second opinion from a specialist or to consult with an advocate. The ARD committee must grant your request. The meeting will then be paused, and reconvened within 10 school days. This pause allows you time to gather the necessary information and return to the meeting feeling more prepared and confident in making decisions about your child's education. Don't hesitate to use this rule if you feel it is necessary; it is there to protect your rights and ensure that your child receives the best possible education.

5. Understanding the IEP Document

The IEP, or Individualized Education Program, is the cornerstone of your child's special education. It is a written document that outlines your child's present levels of academic achievement and functional performance, measurable annual goals, specific special education and related services, the extent to which your child will participate in general education, and any necessary accommodations or modifications. The ARD meeting is where the IEP is developed, reviewed, and revised.

The IEP begins with a statement of your child's present levels. This section describes your child's current academic and functional performance, including their strengths and areas where they need support. It is based on information from evaluations, assessments, and observations. Next, the IEP includes measurable annual goals. These goals are specific, measurable, achievable, relevant, and time-bound (SMART). They outline what your child is expected to achieve within one year with the help of special education services. The IEP also specifies the special education and related services that your child will receive. This may include specialized instruction, speech-language therapy, occupational therapy, counseling, transportation, or other services. The document also outlines the extent to which your child will participate in the general education environment. This includes the amount of time your child will spend in general education classes and any necessary supports or accommodations they will need to succeed. Finally, the IEP includes a list of accommodations or modifications that will be provided to your child to help them access the curriculum and demonstrate their learning. This may include preferential seating, extended time on tests, or modified assignments.

It is 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 seek advice from others before making a decision. The school district will likely ask you to provide your written consent to the initial IEP. If you need more time to consider the IEP, communicate that to the district in writing. You can agree to implement parts of the IEP that you support, while you consider other sections. This flexibility helps ensure you are making informed decisions.

6. When You Disagree With the Team

It is perfectly normal to have disagreements with the ARD committee. Remember, you are an equal member of the team, and your voice matters. If you disagree with the team's recommendations, it is important to express your concerns clearly and respectfully. You have the right to refuse consent for your child's initial placement in special education. This means that the school district cannot begin providing special education services to your child without your written consent.

You also have the right to refuse to sign the IEP if you disagree with any of its provisions. By not signing, you are indicating that you do not agree with the IEP as written. In this case, the school district cannot implement the IEP. You also have the right to request an Independent Educational Evaluation (IEE) at the district's expense if you disagree with the school's evaluation of your child. An IEE is an evaluation conducted by a qualified professional who is not employed by the school district. The results of the IEE can provide a different perspective on your child's needs and can be used to inform the ARD committee's decisions.

Finally, even if you sign the IEP, you can write "parent disagrees" next to your signature. This indicates that you do not fully agree with all aspects of the IEP and that you may be pursuing further action to resolve your concerns. This statement preserves your rights to pursue further action if you choose to do so.

7. Escalation Options

If you are unable to resolve your disagreements with the ARD committee through informal discussions, there are several formal options available to you. These options are designed to help you and the school district reach a mutually agreeable resolution. These rights are provided under Legal Framework: IDEA 2004 and 19 Texas Administrative Code (TAC) Chapter 89, which govern special education in Texas.

The first option is to file a complaint with the Texas Education Agency (TEA). This is a free process, and TEA is required to investigate your complaint and issue a decision within 60 days. The complaint must allege that the school district has violated a requirement of IDEA or state special education law. The second option is mediation, also provided for free through TEA. Mediation is a voluntary process in which a neutral third party helps you and the school district to communicate and negotiate a resolution to your dispute. A mediator does not make decisions for you; instead, they facilitate a discussion to help you reach an agreement. The third option is to request a due process hearing. This is a more formal legal proceeding in which an impartial hearing officer hears evidence from both sides and makes a decision about the dispute. Due process hearings can be complex and time-consuming, and it is often advisable to seek legal representation. The fourth option is to file a complaint with the Federal Office for Civil Rights (OCR). OCR investigates complaints of discrimination based on disability. If OCR finds that the school district has discriminated against your child, it can order the district to take corrective action.