Authority:  34 C.F.R. Part 300;  Texas Education Code (TEC);  19 T.A.C. Chapter 89

ARD Meeting

Indicate date of ARD meeting. Each district is responsible for initiating and conducting ARD meetings for the purpose of developing, reviewing, and revising the IEP of a student with a disability, at least annually, and as specified. For students three years of age and older, school districts must develop an IEP.

300.343
300.520(b)(2)
300.552(b)(1)
89.1065(6)
89.1070(c)&(d)
89.1045(b)
89.1050(a)
89.1050(b)
89.1050(d)

If the conditions of Transfer Students are not met, then the ARD committee must meet when the student enrolls and the parents verify that the student was receiving special education services in the previous school district, or the previous school district verifies in writing or by telephone that the student was receiving special education services. At this meeting, the ARD committee must do one of the following:

• The ARD committee may determine that it has appropriate evaluation data and other information to develop and begin implementation of a complete IEP for the student.

• OR, the ARD committee may determine that valid evaluation data and other information from the previous school district are insufficient or unavailable to develop a complete IEP. In this event, the ARD committee may authorize the provision of temporary special education services pending receipt of valid evaluation data from the previous school district or the collection of new evaluation data by the current school district. In this situation, a second ARD committee meeting must be held within 30 school days from the date of the first ARD committee meeting to finalize or develop an IEP based on current information.

The district shall ensure that the ARD committee for each student with a disability includes the required members. All special education and related service personnel shall be certified, endorsed, or licensed in the area or areas of assignment.

300.344
300.552(a)(1)
300.349(a)(2)
89.1050(c)
89.1131(a)
TEC 29.005(a)
TEC 37.004

• And, supplementary aids and services, program modifications or supports for school personnel that will be provided for the student.

300.346(d)(2)

Parent Participation

300.345

300.20
89.1047

Provide Prior Written Notice of the ARD meeting.

300.345
89.1015
89.1045(a)

If neither parent can attend, the district shall use other methods to ensure parent participation, including individual or conference telephone calls.

300.345(c)

The district shall take whatever action is necessary to ensure that the parent understands the proceedings at the ARD meeting.

300.345(e)

300.501(c)(5)

Determine need and arrange for an interpreter for parents with deafness or whose native language is other than English.

300.345(e)

Determination of Eligibility

Based on the Full and Individual Evaluation, determine whether the student is eligible for special education and related services:

300.7(a)
89.1040(b)

• Student has a disability. 

300.7(a)

• And, student has a need for special education.

300.7(a)

• Aptitude. 

• Achievement tests.

• Parent input.

• Teacher recommendations.

• Physical condition.

• Social or cultural background.

• Adaptive behavior.

• If the determinant factor for that eligibility determination is lack of instruction in reading or math.

• If the determinant factor for that eligibility determination is limited English proficiency.

• If the child does not otherwise meet the eligibility criteria. 

For students with disabilities convicted as adults and incarcerated in adult prisons, see special rules contained in 34 C.F.R. 300.311.

300.347(d)
300.311

Determination of Present Levels of Educational Performance and Needs

Consider the strengths of the student.

300.346(a)(1)(i)

Consider the concerns of the parents for enhancing the education of their student.

300.346(a)(1)(i)

Consider the results of the initial or most recent evaluation of the student.

300.346(a)(1)(ii)

Consider the results of the student's performance on any general State or district-wide assessment programs, as appropriate.

300.346(a)(1)(iii)

Consider the communication needs of the student.

300.346(a)(2)(iv)

For a student with limited English proficiency, consider the language needs of the student as those needs relate to the student's IEP.

300.346(a)(2)(ii)

Consider whether the student’s behavior impedes his or her learning or that of others. If yes:

300.346(a)(2)(i)  

• Consider, if appropriate, strategies including positive behavioral interventions, strategies, and supports to address that behavior.

300.346(a)(2)(i)

• When considering the use of restraint or time-out, see RESTRAINT AND TIME-OUT framework.

Consider whether the student requires assistive technology devices and services:

300.346(a)(2)(v)

• With respect to assistive technology devices, determine whether the student needs a piece of equipment or product system (whether acquired commercially off the shelf, modified, or customized) that is used to increase, maintain, or improve the functional capabilities of a student with a disability.

300.5

• With respect to assistive technology services, determine whether the student needs a service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device.

300.6

300.346(a)(2)(iii)

• Consider the student's language and communication needs.

300.346(a)(2)(iv)

• Consider opportunities for direct communications with peers and professional personnel in the student's language and communication mode.

300.346(a)(2)(iv)

• Consider the student’s academic level.

300.346(a)(2)(iv)

• Consider the student’s full range of needs, including opportunities for direct instruction in the student's language and communication mode.

300.346(a)(2)(iv)

• Interpreting services for students who are deaf shall be provided by an interpreter who is certified in the appropriate language mode(s), if certification in such mode(s) is available.

• Provide each parent with the state adopted form that contains written information about programs offered by state institutions.

A statement of the student's present levels of educational performance, including:

300.347(a)(1)

• How the student's disability affects the student's involvement and progress in the general curriculum (i.e., the same curriculum as for nondisabled students).

300.347(a)(1)(i)

• For preschool students, as appropriate, how the disability affects the student's participation in appropriate activities.

300.347(a)(1)(ii)

Development of Goals and Objectives

A statement of measurable annual goals.

300.347(a)(2)

A statement of benchmarks or short-term objectives.

300.347(a)(2)

Goals and objectives relate to meeting the student's needs that result from the student's disability to enable the student to be involved in and progress in the general curriculum, or for preschool students, as appropriate, to participate in appropriate activities.

300.347(a)(2)(i)

300.347(a)(2)(ii)

A statement of how the student's progress toward the annual goals will be measured.

300.347(a)(7)(i)

A statement of how the student's parents will be regularly informed of their student's progress toward the annual goals.

300.347(a)(7)(ii)(A)

A statement of how the student's parents will be regularly informed of the extent to which the progress is sufficient to enable the student to achieve the goals by the end of the year.

300.347(a)(7)(ii)(B)

Parents are informed through such means as periodic report cards, at least as often as parents are informed of their nondisabled student’s progress.

300.347(a)(7)(ii)

Determination of Participation in State or District-Wide Assessment

ARD Committee Training

• Include a statement of any individual allowable accommodations in the administration of any state or district-wide assessments of student achievement that are needed in order for the student to participate in the assessment.

300.347(a)(5)(i)
89.1055(b)

• If the ARD committee determines that the child will not participate in a state or district-wide assessment (or part of an assessment), include a statement of--
  • Why that assessment is not appropriate for the child
  • AND how the child will be assessed.

OSEP Monitoring Report (March 10, 2003)

• All special education students for whom a TAAS/TAKS is an appropriate measure of their academic achievement will take the TAAS/TAKS assessment.

• If the ARD committee determines that the child will not participate in TAAS/TAKS (or part of TAAS/TAKS), include a statement of:
  • Why that assessment is not appropriate for the child (i.e. is not an appropriate measure of academic progress, even with allowable accommodations).
  • AND how the child will be assessed (SDAA or LDAA).

TEC 39.023(b)

89.1055(b)(1)

OSEP Monitoring Report (March 10, 2003)

• Students who are being instructed in the state-mandated curriculum in an area tested by TAAS/TAKS, but for whom TAAS/TAKS is not an appropriate measure of academic progress, even with allowable accommodations, will participate in the SDAA.

• The ARD committee shall determine the level of performance considered to be satisfactory on the assessment instruments administered to that student in accordance with criteria established by agency rule.

TEC 39.024(a)

• Include a statement of any individual allowable accommodations in the administration of the SDAA that are needed in order for the student to participate in the assessment.

300.347(a)(5)(i)  
TEC 39.023(b)
89.1055(b)

• If the ARD committee determines that the child will not participate in SDAA (or part of SDAA), include a statement of:
  • Why that assessment is not appropriate for the child (i.e. the student's IEP does not include instruction in the essential knowledge and skills at any grade level; OR for Exit level, the assessment instrument, even with allowable modifications, would not provide an appropriate measure of the student's achievement).
  • AND how the child will be assessed (LDAA).

TEC 39.027

89.1055(b)(1)

OSEP Monitoring Report (March 10, 2003)

• Students who are not being instructed in the state curriculum at any grade level in an area tested by TAAS/TAKS will be exempted from TAAS/TAKS and from the SDAA.  

TEC 39.027

89.1055(b)(1)

OSEP Monitoring Report (March 10, 2003)

• Students may also be exempted from the Exit Level assessment if, even with allowable modifications, the assessment would not provide an appropriate measure of the student’s achievement.

300.347(a)(5)(ii)(A)

TEC 39.027(a)(2)

89.1055(b)(1)

OSEP Monitoring Report (March 10, 2003)

• Include a statement of how the student will be assessed using a locally developed alternate assessment (LDAA).

Intensive program of instruction for a student who did not perform satisfactorily on the TAAS/TAKS or the SDAA.  The intensive program of instruction shall be designed to:

TEC 28.0211(c)

TEC 28.0213(e)

89.1050(a)(8),(10)

89.1070(h)

• Enable the student to attain a standard of annual growth on the basis of the student's individualized education program. 

• AND if applicable, carry out the purposes of TEC 28.0211, by determining:  

TEC 28.0213(e)(2)

TEC 28.0211

• The manner in which the student will participate in an accelerated instruction program under TEC 28.0211. 

• AND whether the student will be promoted or retained under TEC 28.0211. 

Determination of Services

If the ARD committee determines that a student needs a particular device or service in order for the student to receive a free and appropriate public education (FAPE), including enabling the student: (1) to advance toward attaining the annual goals, (2) to be involved and progress in the general curriculum, and to participate in extracurricular and other nonacademic activities, and (3) to be educated and participate with other children with disabilities and nondisabled students, the ARD committee must include a statement to that effect.

300.346(c)
300.347(a)(3)
TEC 29.001

A statement of the supplementary aids and services to be provided.

300.347(a)(3)

A statement of the program interventions, accommodations, or other program modifications that will be provided for the student.

300.346(c)
300.347(a)(3)

A statement of the supports for school personnel that will be provided for the student.

300.347(a)(3)

A statement of the special education services to be provided.

300.347(a)(3)

• Transition services for students with disabilities may be special education if provided as specially designed instruction, or related services if required to assist a student with a disability to benefit from special education.

300.29(b)

A statement of the related services required to assist the student to benefit from special education.

300.347(a)(3)
300.24(a)
89.1060
TEC 29.002(2)

The projected date for the beginning of the services and modifications.

300.347(a)(6)

The anticipated frequency of the services and modifications.

300.347(a)(6)

OSEP Monitoring Report (3/10/03)  

The anticipated location of the services and modifications.

300.347(a)(6)

The anticipated duration of the services and modifications.

300.347(a)(6)
89.1050(h)

For students with Autism, consider information about the following and, when needed, address in the IEP:

89.1055(e)

• Extended educational programming.

89.1055(e)(1)

• Daily schedules reflecting minimal unstructured time.

89.1055(e)(2)

• In-home training or viable alternatives.

89.1055(e)(3)

• Prioritized behavioral objectives.

89.1055(e)(4)

• Prevocational and vocational needs of students 12 years of age or older.

89.1055(e)(5)

• Parent training.

89.1055(e)(6)

• Suitable staff-to-students ratio.

89.1055(e)(7)

• If the ARD committee determines that services are not needed in one or more of the areas specified in this section, the IEP must include a statement to that effect and the basis upon which the determination was made.

89.1055(f)

Before placing a student with a Visual Impairment in a classroom setting or within a reasonable period of time after placement (as required for the student to succeed in classroom settings and derive lasting, practical benefits from the education in the school district):

TEC 30.002(c)(4)

• Provide training in compensatory skills.

TEC 30.002(c)(4)

• Provide training in communicative skills.

• Provide training in orientation and mobility.

TEC 30.002(c)(4)

• Provide training in social adjustment.

TEC 30.002(c)(4)

• Provide training in vocational or career counseling.

TEC 30.002(c)(4)

• Assure that the student has been provided a detailed explanation of the various service resources available in the community and throughout the state. 

TEC 30.002(e)(3)

• Provide a detailed description of the arrangements made to provide the student with orientation and mobility training, instruction in Braille or use of large print, other training to compensate for serious visual loss, access to special media and special tools, appliances, aids, or devices commonly used by individuals with serious visual impairments.

TEC 30.002(e)(4)
89.1055(d)

• Set forth the plans and arrangements made for contacts with and continuing services to the student beyond regular school hours to ensure the student learns the skills and receives the training specified above.

TEC 30.002(e)(5)
89.1055(d)

• For a functionally blind student, provide Braille reading and writing instruction that is sufficient to enable the student to communicate with the same level of proficiency as other students of comparable ability who are at the same grade. 

TEC 30.002(f)

• For a functionally blind student, specify the appropriate learning medium based on the assessment.   Each person assisting in the development of a functionally blind student's individualized education program shall receive information describing the benefits of Braille instruction. 

TEC 30.002(f)

• Provide each parent with the state-adopted form that contains written information about programs offered by state institutions.

TEC 30.004

Determination of Need for Extended School Year (ESY) Services

300.309

The need for ESY services must be determined on an individual student basis by the ARD committee. 

89.1065(1)

300.309(a)(2)

300.309(a)(3)

OSEP Monitoring Report (March 10, 2003)

• Limit ESY services to particular categories of disability; or 

• Unilaterally limit the type, amount, or duration of ESY services.

If the district does not propose ESY services for discussion at the annual review of a student's IEP, the parent may request that the ARD committee discuss ESY services.

89.1065(5)

Document the need for ESY from formal and/or informal evaluations provided by the district or the parents.

89.1065(2)

For students enrolling in a district during the school year, information obtained from the prior school district as well as information collected during the current year may be used to determine the need for ESY services.

89.1065(7)

Identify the critical areas addressed in the current IEP objectives, if any, in which the student has exhibited, or reasonably may be expected to exhibit, severe or substantial regression that cannot be recouped withi