ARD Committee Process
The ARD Committee shall meet at least annually for the purpose of developing, reviewing, and revising the IEP of a student with a disability.
The district will ensure that the ARD Committee includes all required members:
- The parent of the student or the adult student
- The student, if the purpose of the meeting will be the consideration of the student’s transition services needs
- At least one general education teacher (a teacher of the student if the student participates in any general education classes)
- At least one special education teacher of the student, or special education services provider
- A representative of the school who is qualified to provide, or to supervise the provision of specially designed instruction to meet the unique needs of students with disabilities; is knowledgeable about the general education curriculum; and is knowledgeable about the availability of resources of the school district
- An individual who can interpret the instructional implications of the evaluation results
- An LPAC representative if the student is limited English proficient
- A certified AI or VI or DB teacher for students who are auditory and/or visually impaired (or when AI and/or VI are suspected as a disability condition)
- A career and technology education representative if considering initial or continued placement in career and technology education
The district shall provide interpreters for parents who are deaf or whose native language is other than English. An audio taped copy of the ARD will be provided for parents whose language is other than English.
The ARD Committee shall review, initially and at least every three years thereafter, the Full and Individual Evaluation including information from parents, school personnel, or other sources.
At least once every three years after the Full and Individual Evaluation, the ARD Committee shall determine what additional evaluation data is needed in order to establish whether the student continues to be a student with a disability.
If the ARD Committee determines that no additional data is needed, the committee shall document the reasons for determining that no additional data was needed and notify the parent of the right to request an evaluation.
The ARD Committee shall establish eligibility for special education services.
A child may not be determined eligible for special education services:
- 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
If a student is determined eligible for special education services, the ARD Committee shall perform the following functions:
- Identify the present levels of performance
- Consider the self-help and social skills of the student
- Consider if the student requires assistive technology devices and/or services
- Consider the communication needs of the student
- For a student with limited English proficiency, consider the language needs of the student as those needs relate to the student’s IEP
- Consider whether the student’s behavior impedes his or her learning or the learning of others
- Develop the goals and benchmarks and/or short term objectives related to meeting the student’s needs that result from the student’s disability
- Determine related services and supports for the student
- Consider extended school year services, if appropriate
- Consider transition needs and services, if appropriate
- Consider graduation requirements, if appropriate
- Provide information regarding transfer of rights, if appropriate
- Decide the student’s participation in state or district-wide assessment
- Ensure that the district provides for the educational placement in the least restrictive environment appropriate to meet the needs of the student
- Provide a statement as to how the student’s parent will be regularly informed of the student’s progress
- Consider supports for school personnel necessary for implementation of IEP or participation in the general curriculum
The written report of the ARD Committee shall include the date of the meeting, the names and positions of the persons participating, as well as, their signatures and shall indicate each consensus member’s agreement or disagreement with the committee’s decision.
All members of the ARD Committee shall have the opportunity to participate in a collaborative manner in developing the IEP.
- The decision of the committee shall be made by mutual agreement of the required members.
- When mutual agreement about all required elements of the IEP is not achieved, the parent or adult student who disagrees is offered a single opportunity to have the committee recess for a period of time not to exceed ten school days (except when the student’s presence on the campus presents a danger of physical harm to the student or others or when the student has committed an expellable offense or an offense which may lead to a placement in a disciplinary alternative education program).
- Prior to the recess, the ARD Committee shall determine by mutual agreement the date, time, and place for continuing the ARD Committee meeting.
- When mutual agreement is not reached, a written statement of the basis for the disagreement must be included in the ARD Committee report.
- The members who disagree shall be given the opportunity to write their own statements.
- During the recess the committee members shall consider alternatives, gather additional data, prepare further documentation, and/or obtain additional resource persons that may assist in enabling the ARD Committee to reach mutual agreement.
- If a ten-day recess is implemented and the ARD Committee cannot reach mutual agreement, the district can implement the IEP that the ARD Committee determined to be appropriate.
- When the district implements an IEP with which the parent or adult student disagrees, prior written notice shall be given within 5 school days. (Notice of proposal/refusal 877-608).
- A parent or adult student shall have the right to file a complaint, request mediation, or request a due process hearing at any point when mutual agreement is not reached.
- An ARD Committee may recess for reasons other than the failure of the committee to reach mutual agreement.
- The district, the parent, or the adult student may audiotape the ARD Committee meeting. All participants at the meeting shall be informed that such a recording is being made. The deliberations shall note the meeting was recorded.
- If a parent or adult student notifies the ARD Committee that they will record the meeting, the district shall also record the meeting.
ARD Committee Meeting Timelines
All ARD Committee meetings will be held within the timeline. (month/day/year)
ARD Committee meetings will be scheduled at least fifteen days prior to due date. This will allow for cancellations and rescheduling.
- The first notice will be sent 15 school days prior to the anniversary date.
- The second notice will be sent 10 school days prior to due date.
- The third notice will be sent 5 school days prior to due date.
The meeting will be held without the parent as long as three required notices have been sent and there is accompanying documentation of attempts to contact the parent such as phone calls and home visits.
- The ARD Committee shall make its decisions regarding a student referred for a Full and Individual Evaluation within 30 calendar days from the date of the written evaluation report.
- If the 30th day falls during the summer and school is not in session, the ARD
Committee shall have until the first day of classes in the fall semester to finalize decisions concerning the student.
- An ARD Committee shall meet when a student transfers into the district and the parents verify that the student was receiving special education services in the previous district, or the previous school district verifies in writing or by telephone that the student was receiving special education services.
- A second ARD Committee meeting shall be held within 30 school days from the date of the first ARD Committee meeting to finalize or develop an IEP.
- The district shall initiate and conduct ARD Committee meetings for each student receiving special education services at least annually – the meeting will be held at least once every calendar year (month/day/year).
Least Restrictive Environment
For a student receiving special education services outside the general education classroom, the ARD Committee shall determine that there is evidence that his/her removal has occurred only when the nature and severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily.
The ARD Committee shall:
- Describe previous efforts to educate the student in a general education classroom.
- Describe why the efforts failed.
- Decide if the student will receive educational benefit from general education, including non-academic benefit.
- Describe the effects, if any, the student’s presence has on the general education classroom.
- Identify those needs that can be met in a general education classroom as well as identify the needs that cannot be met in a general education classroom.
- A student with a disability is not removed from education in age-appropriate regular classroom solely because of needed modifications in the general curriculum.
- The district shall ensure that a continuum of alternative services is available to meet the needs of children with disabilities for special education and related services.
- The placement decision shall be based on the student’s IEP.
- The placement decision shall be made by the ARD Committee and there must be evidence in the IEP that the members of the ARD Committee made the determination of educational placement at the meeting.
- The placement decision must be addressed at least annually.
- The district shall provide FAPE in the least restrictive environment to pre-school children even if the district does not provide free preschool programs to all preschool-aged children.
- The ARD Committee shall consider any potential harmful effects on the student or on the quality of services that he or she needs when removing the student from the general education classroom.
- The ARD Committee shall determine and specify the appropriate instructional setting.
- The ARD Committee shall provide an explanation of the extent, if any, to which the student will not participate with nondisabled students in the general education class, in extracurricular and other nonacademic activities.
- The ARD Committee shall determine the appropriate length of school day for each student.
- Students with disabilities shall have available an instructional day commensurate with that of students without disabilities.
- The ARD Committee shall document rationale and documentation if a student’s school day is shortened.
- The ARD Committee shall document the campus at which services will be provided.
- The ARD Committee shall document the campus and indicate the placement is as close as possible to the student’s home.
- If the student is not educated in the school that he or she would attend if nondisabled, the ARD Committee shall document why implementation of the IEP requires some other arrangement.
Texas Transition and Employment Guide
The Texas Education Agency in collaboration with Statewide Leadership in Secondary Transition and Post School Results at Education Service Center Region 11 are pleased to announce that the Texas Transition and Employment Guide has been posted to the website and is located at www.transitionintexas.org.
The purpose of this guide is to provide information on statewide services and programs that assist students with disabilities in the transition to life outside of the public school system.
What types of accommodations are available in college and the workplace?
Colleges and Universities will typically provide accommodations for students with disabilities. The student must request the accommodations and provide documentation of disability.
Employers must provide reasonable accommodations in the work place. The employee with a disability must request the accommodations and provide documentation of disability.
Individualized Education Program (IEP) in Native Language
If a child’s parent is unable to speak English and their native language is Spanish, RYSS will provide an audiotaped or written copy of their child’s Individualized Education Program (IEP) in their native language. If the parent speaks a language other than Spanish, the district will make a good faith effort to provide an audiotaped or written copy of their child’s IEP.
Si los padres de un niño(a) no pueden hablar Inglés y su lengua materna es el Español, RYSS proporcionará una copia grabada o escrita del Programa de Educación Individual (IEP) del niño(a) en su lengua materna. Si el padre habla otro idioma, RYSS hará un esfuerzo de buena fé para proporcionar una copia grabada o escrita del IEP.