PARENT PARTICIPATION  
 
Authorities: 34 C.F.R. Part 300; Texas Education Code; 19 T.A.C. Chapter 89
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
PARENT'S GUIDE TO THE ADMISSION, REVIEW, AND DISMISSAL PROCESS


D The local educational agency (LEA) must provide to the PARENT the Parent's Guide to the Admission, Review, and Dismissal Process: TEC 26.0081(a)-(b)

D TEC 26.0081(b)(1)

D
  • At any other time on reasonable request of the child's parent. 
TEC 26.0081(b)(2)

RESPONSIBILITY FOR PARENT PARTICIPATION


P The LEA must take steps to ensure that one or both of the parents of the child with a disability are present at each ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEETING or are afforded the opportunity to participate including: 300.322(a)
300.501(b)(1)
89.1050(d)

D
  • Providing a notice of the admission, review, and dismissal (ARD) committee meeting early enough to ensure that they will have the opportunity to attend; and
300.322(a)(1)
300.501(b)(2)
89.1050(d)

D
  • Scheduling the meeting at a mutually agreed on time and place.
300.322(a)(2)
89.1050(d)

P A meeting does not include informal or unscheduled conversations involving LEA personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. 300.501(b)(3)

P A meeting does not include preparatory activities that LEA personnel engage in to develop a proposal or a response to the parent proposal that will be discussed at a later meeting. 300.501(b)(3)

NOTICE OF ARD COMMITTEE MEETING


D The LEA must provide the parents with written notice of an ARD committee meeting at least five school days before the meeting unless the parents agree to a shorter timeframe. 89.1050(d)
300.322(a)(1)
300.501(b)(2)

D The notice must: 300.322(b)(1)

D
  • Indicate the purpose, time, and location of the meeting; and
300.322(b)(1)(i)

D
  • Inform the parents of the provisions relating to the participation of other individuals who have knowledge or special expertise about the child and relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial ARD committee meeting for the child previously served under the Individuals with Disabilities Education Act in compliance with the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEMBERSHIP framework.
300.322(b)(1)(ii)

D Beginning not later than the first individualized education program (IEP) to be in effect when the child turns 16, or younger if determined appropriate by the ARD committee, the notice must also indicate: 300.322(b)(2)

D
  • That a purpose of the meeting will be the consideration of the postsecondary goals and TRANSITION SERVICES for the child;
300.322(b)(2)(i)(A)

D
  • That the LEA will invite the child; and
300.322(b)(2)(i)(B)

D
  • Any other agency that will be invited to send a representative with the consent of the parents or adult student.
300.322(b)(2)(ii)
300.321(b)(3)

P If the parent is unable to speak English, the LEA must provide the parent with a written notice of an ARD committee in the parent's native language, unless it is clearly not feasible to do so. If the parent's native language is not a written language, the LEA must take steps to ensure that the notice is translated orally or by other means to the parent in the parent's native language or other mode of communication so that the parent understands the content of the notice. 89.1050(f)

OTHER METHODS TO ENSURE PARENT PARTICIPATION


P If neither parent can attend the ARD committee meeting, the LEA must use other methods to ensure parent participation such as: 300.322(c)
300.328
300.501(c)(3)
89.1050(d)

D
  • Individual or conference telephone calls; or
300.322(c)
300.328
300.501(c)(3)
89.1050(d)

D
  • Video conferences.
300.328
300.501(c)(3)
89.1050(d)

CONDUCTING AN ARD COMMITTEE MEETING WITHOUT THE PARENT IN ATTENDANCE


P The LEA may conduct an ARD committee meeting without the parent in attendance if the LEA is unable to convince the parent to attend. 300.322(d)
300.501(c)(4)

P

The LEA must keep a record of its attempts to arrange a meeting at a mutually agreed on time and place such as:

300.322(d)
300.501(c)(4)

D
  • Detailed records of telephone calls made or attempted and the results of those calls;
300.322(d)(1)

D
  • Copies of correspondence sent to the parent and any responses received; and
300.322(d)(2)

D
  • Detailed records of visits made to the parent's home or place of employment and the results of those visits.
300.322(d)(3)

USE OF INTERPRETERS OR OTHER ACTION


P The LEA must take action to ensure that the parent understands the proceedings of the ARD committee meeting including arranging for an interpreter for parents with deafness or whose native language is other than English. 300.322(e)

PARENT COPY OF THE CHILD'S IEP


P The LEA must give the parent a copy of the child's IEP at no cost. 300.322(f)

P If the child's parent is unable to speak English, the LEA must: TEC 29.005(d)
89.1050(i)

D
  • Provide the parent with a written copy or audio recording of the child's IEP translated into Spanish if Spanish is the parent's native language; or
TEC 29.005(d)(1)
89.1050(i)

D
  • Make a good faith effort to provide the parent with a written copy or audio recording of the child's IEP translated into the parent's native language if the parent's native language is a language other than Spanish.
TEC 29.005(d)(2)
89.1050(i)

P A written copy of the child’s IEP translated into Spanish or the parent's native language means that all of the text in the child's IEP in English is accurately translated into the target language in written form. The IEP translated into the target language must be a comparable rendition of the IEP in English and not a partial translation or summary of the IEP in English. 89.1050(i)(1)

P An audio recording of the child’s IEP translated into Spanish or the parent's native language means that all of the content in the child’s IEP in English is orally translated into the target language and recorded with an audio device. The LEA is not prohibited from providing the parent with an audio recording of an ARD committee meeting at which the parent was assisted by an interpreter as long as the audio recording provided to the parent contains an oral translation into the target language of all of the content in the child's IEP in English. 89.1050(i)(2)

P If a parent's native language is not a written language, the LEA must take steps to ensure that the child’s IEP is translated orally or by other means to the parent in the parent's native language or other mode of communication. 89.1050(i)(3)

P The LEA meets the requirement of giving a parent a written copy of the child’s IEP at no cost by providing a parent with a written copy of the child’s IEP in English or by providing a parent with a written translation of the child’s IEP in the parent's native language. 89.1050(i)(4)

 
 
Last Updated: Tuesday, April 11, 2017