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.