ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEMBERSHIP  
 
Authorities: 34 C.F.R. Part 300; 19 T.A.C. Chapters 75 and 89; Texas Education Code 
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
D The admission, review, and dismissal (ARD) committee as described in the RULE OF CONSTRUCTION framework must include the following: 89.1050(c)

D
  • The parents of the child with a disability;
89.1050(c)(1)(A)
300.321(a)(1)

D
  • Not less than one regular education teacher of the child, if the child is, or may be, participating in the regular education environment;
89.1050(c)(1)(B)
300.321(a)(2)

D
  • Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child;
89.1050(c)(1)(C)
300.321(a)(3)

D
  • A representative of the local educational agency (LEA) who:
89.1050(c)(1)(D)
300.321(a)(4)

P
    • Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
89.1050(c)(1)(D)(i)
300.321(a)(4)(i)

P
    • Is knowledgeable about the general education curriculum; and
89.1050(c)(1)(D)(ii)
300.321(a)(4)(ii)

P
    • Is knowledgeable about the availability of resources of the LEA;
89.1050(c)(1)(D)(iii)
300.321(a)(4)(iii)

D
  • At the discretion of the parent or the LEA, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate (discretionary members);
89.1050(c)(1)(F)
300.321(a)(6)

D
  • An individual who can interpret the instructional implications of evaluation results, who may be the regular education teacher, special education teacher or provider, LEA representative, or a discretionary member on the ARD committee;
89.1050(c)(1)(E)
89.1050(c)(1)(B)
89.1050(c)(1)(C)
89.1050(c)(1)(D)
89.1050(c)(1)(F)
300.321(a)(5)

D
  • The child with a disability, whenever appropriate, including:
89.1050(c)(1)(G)
300.321(a)(7)

P
    • When a purpose of the meeting will be the consideration of the postsecondary goals for the child and the TRANSITION SERVICES needed to assist the child in reaching those goals; and/or
300.321(b)(1)

P
    • When the child is an ADULT STUDENT to whom parental rights have transferred;
300.520(a)

P
  • To the extent appropriate, with the consent of the parents or adult student, a representative of any participating agency that is likely to be responsible for providing or paying for transition services;
89.1050(c)(1)(H)
300.321(b)(3)

D
  • A representative from career and technical education (CTE), preferably the teacher, when considering initial or continued placement of the child in CTE;
89.1050(c)(1)(I)
75.1023(d)(1)

D
  • A professional staff member who is on the language proficiency assessment committee who may be the regular education teacher or the special education teacher on the ARD committee, if the child is identified as an English language learner;
89.1050(c)(1)(J)
89.1050(c)(1)(B)
89.1050(c)(1)(C)

D
  • In the case of the child with a suspected or documented visual impairment, a teacher who is certified in the education of children with visual impairments;
89.1050(c)(3)(A)

D
  • In the case of the child with a suspected or documented auditory impairment, a teacher who is certified in the education of children with auditory impairments;
89.1050(c)(3)(B)

D
  • In the case of the child with suspected or documented deaf-blindness, a teacher who is certified in the education of children with visual impairments and a teacher who is certified in the education of children with auditory impairments; and
89.1050(c)(3)(C)

D
  • In the case of the child who was previously served under the Early Childhood Intervention (ECI) program, at the request of the parent, by invitation to the initial ARD committee meeting, the ECI service coordinator or other representatives of the ECI system.
300.321(f)

P If an ARD committee is required to include a regular education teacher, the regular education teacher included must, to the extent practicable, be a teacher who is responsible for implementing a portion of the child’s IEP. TEC 29.005(a)

D The special education teacher or special education provider that participates in the ARD committee meeting must be appropriately certified or licensed. 89.1050(c)(2)
300.18
300.156

ATTENDANCE AND EXCUSAL FROM MEETINGS


D An ARD committee member is not required to attend an ARD committee meeting, in whole or in part, if the parent and the LEA agree in writing that the member's attendance is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting. 89.1050(c)(4)
300.321(e)(1)

D When an ARD committee member's area of the curriculum or related services is being modified or discussed in the ARD committee meeting, the member may be excused from attending the meeting, in whole or in part, if: 89.1050(c)(4)
300.321(e)(2)

D 300.321(e)(2)(i)
89.1050(c)(4)

D
  • The member submits, in writing, to the parent and the ARD committee, input into the development of the individualized education program prior to the meeting.
300.321(e)(2)(ii)
89.1050(c)(4)

P The excusal requirements do not apply to the following ARD committee members: 300.321(e)(1)
300.321(e)(2)
89.1050(c)(4)
75.1023(d)(1)

P
  • The parent;
300.321(e)(1)
300.321(e)(2)
89.1050(c)(4)

P
  • The child with a disability; and
300.321(e)(1)
300.321(e)(2)
89.1050(c)(4)

P
  • A discretionary member.
300.321(e)(1)
300.321(e)(2)
89.1050(c)(4)

 
 
Last Updated: Tuesday, April 11, 2017