ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEETING  
 
Authorities: 34 C.F.R. Part 300; Texas Education Code; 19 T.A.C. Chapter 89
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P In general, at the beginning of each school year, the local educational agency (LEA) must have in effect, for each child with a disability within its jurisdiction, an individualized education program (IEP). 300.323(a)

P In the case of the child with a disability who transfers to a new LEA and enrolls in a new school within the same school year, the new LEA must comply with the CHILDREN WHO TRANSFER framework.

P The LEA must provide the parent with written notice of an admission, review, and dismissal (ARD) committee meeting in compliance with the PARENT PARTICIPATION framework.

P The LEA must comply with the PRIOR WRITTEN NOTICE framework.

P The LEA that chooses to offer local IEP facilitation, which involves the use of a trained facilitator to assist an ARD committee in developing the IEP, must develop written policies and procedures consistent with state requirements and must provide the parent with information about the local IEP facilitation process when the Notice of Procedural Safeguards is provided. 89.1196
TEC 29.019

INITIAL MEETING


D The ARD committee must make its decisions regarding the child's initial eligibility determination and, if appropriate, IEP and placement within 30 calendar days from the date of the completion of the written full individual and initial evaluation report unless one of the following situations applies:  89.1011(d)

D
  • If the 30th day falls during the summer and school is not in session, the ARD committee has until the first day of classes in the fall to finalize its decisions, unless the initial evaluation indicates that the child will need EXTENDED SCHOOL YEAR SERVICES during that summer; or
89.1011(d)

D
  • If the LEA received the written consent for the evaluation from the parent at least 35 but less than 45 school days before the last instructional day of the school year and the child was not absent from school three or more days between the time that the LEA received written consent and the last instructional day of the school year, the ARD committee must meet not later than the 15th school day of the following school year, unless the initial evaluation indicates that the child will need extended school year services during that summer.
89.1011(e)

D When one of the above situations applies and the initial evaluation indicates that the child will need extended school year services during the summer, the ARD committee must meet as expeditiously as possible. 89.1011(e)

P For purposes of determining the timeline for an initial ARD committee meeting, 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.  89.1011(g)

DEVELOPING THE IEP


P All members of the ARD committee must have the opportunity to participate in a collaborative manner in developing the IEP. 89.1050(g)

P In developing each child's IEP, the ARD committee must consider: 300.324(a)(1)

P
  • The strengths of the child;
300.324(a)(1)(i)

P
  • The concerns of the parent for enhancing the education of the child;
300.324(a)(1)(ii)

P
  • The results of the initial evaluation or most recent evaluation of the child; and
300.324(a)(1)(iii)

P
  • The academic, developmental, and functional needs of the child.
300.324(a)(1)(iv)

P The ARD committee may agree to an annual IEP or an IEP of shorter duration. 89.1050(g)

P As soon as possible following development of the IEP, the LEA must ensure that special education and related services are made available to the child in accordance with the child's IEP. 300.323(c)(2)

PERIODIC REVIEW AND REVISION OF THE IEP


D The ARD committee must review the child's IEP periodically, but not less frequently than annually, to determine whether the annual goals are being achieved. 300.324(b)(1)(i)

P The ARD committee must revise the IEP as appropriate to address: 300.324(b)(1)(ii)

P
  • Any lack of expected progress toward the annual goals and in the general education curriculum, where appropriate;
300.324(b)(1)(ii)(A)

P
  • The results of any reevaluation;
300.324(b)(1)(ii)(B)

P 300.324(b)(1)(ii)(C)
300.305(a)(2)

P
  • The child's anticipated needs; or
300.324(b)(1)(ii)(D)

P
  • Other matters.
300.324(b)(1)(ii)(E)

P 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 child set out in the IEP. 300.324(c)(1)

P To the extent possible, the LEA must encourage the consolidation of reevaluation meetings for the child and other ARD committee meetings for the child. 300.324(a)(5)

P Changes to an IEP may be made by the entire ARD committee at an ARD committee meeting, or by amending the IEP in accordance with the AMENDMENT WITHOUT A MEETING framework.

RECESSING AND RECONVENING A MEETING


P A decision of the ARD committee concerning required elements of the IEP must be made by mutual agreement if possible. 89.1050(g)
TEC 29.005(b)

P 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. 89.1050(g)(1)

P The period of time for reconvening the ARD committee meeting must not exceed 10 school days, unless the parties mutually agree otherwise. 89.1050(g)(1)

P The ARD committee must schedule the reconvened meeting at a mutually agreed upon time and place. 89.1050(g)(1)

P The opportunity to recess and reconvene is not required when the child's presence on the campus presents a danger of physical harm to the child or others or when the child has committed an expellable offense or an offense that may lead to a placement in a disciplinary alternative education program. 89.1050(g)(1)

P During the recess, the ARD committee members must: 89.1050(g)(2)

P
  • Consider alternatives;
89.1050(g)(2)

P
  • Gather additional data;
89.1050(g)(2)

P
  • Prepare further documentation; and/or
89.1050(g)(2)

P
  • Obtain additional resource persons who may assist in enabling the ARD committee to reach mutual agreement.
89.1050(g)(2)

P 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 Texas Education Agency (TEA) by completing and submitting the required form within five days of the ARD committee meeting that ended in disagreement (see Individualized Education Program Facilitation on the TEA's website). 89.1197
TEC 29.020

P If a recess is implemented and the ARD committee still cannot reach mutual agreement, the LEA must implement the IEP that it has determined to be appropriate for the child. 89.1050(g)(3)

P The ARD committee may recess an ARD committee meeting for reasons other than the failure to reach mutual agreement about all required elements of an IEP. 89.1050(g)(1)

MUTUAL AGREEMENT


P The IEP must include: TEC 29.005(b-1)

D
  • The name, position, and signature of each ARD committee member participating in the meeting; 
TEC 29.005(b-1)(2)

D
  • 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; and
TEC 29.005(b-1)(3)

D
  • The date of the meeting.
TEC 29.005(b-1)(1)

P When mutual agreement is not reached: TEC 29.005(c)
89.1050(g)(4)

D
  • A written statement of the basis for the disagreement must be included in the IEP; and
TEC 29.005(c)
89.1050(g)(4)

P
  • Each member, including the parent, who disagrees with the IEP is entitled to include a statement of disagreement in the IEP.
TEC 29.005(c)
89.1050(g)(4)

PARENT REQUEST FOR AN ARD COMMITTEE MEETING


P Upon receipt of a written request for an ARD committee meeting from the parent, the LEA must: 89.1050(e)

P 89.1050(e)(1)

P
  • Within five school days, provide the parent with written notice explaining why the LEA refuses to convene a meeting. 
89.1050(e)(2)

 
 
Last Updated: Wednesday, April 19, 2017