ARD Committee Meeting

Authorities: 20 U.S.C. § 1414; 34 C.F.R. Parts 200, 300; Texas Education Code; 19 T.A.C. Chapter 89

Initial Meeting

20 USC §1414(d)(2)(A), 1414(d)(3)(E), 1414(d)(4)(A)(i), 34 CFR Parts 300.116(b)(1), 300.323(c)(1), 300.323(c)(2)

The ARD committee must meet to develop an IEP within 30 days of a determination of eligibility. 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.

The term IEP means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with the ARD Committee guidelines.

Annual Meeting

20 USC §1414(d)(2)(A), 1414(d)(3)(E), 1414(d)(4)(A)(i), 34 CFR part 200.1(f)(2)(v), 300.116(b)(1), 300.320, 300.323(a), 300.324(a)(5), 300.324(b)(1)(i)

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.

The ARD committee must determine the child's placement at least annually.

The IEP must be in effect at the beginning of each school year for each child with a disability.

To the extent possible, the LEA must encourage the consolidation of reevaluation meetings for the child and other ARD committee meetings for the child.

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 Transfer Students guidelines.

Developing the IEP

20 USC §1414(d)(3)(A), 34 CFR Part 300.324(a)(1), 300.324(a)(1)(i), 300.324(a)(1)(ii), 300.324(a)(1)(iii), 300.324(a)(1)(iv)

In developing each child’s IEP, the ARD committee must consider:

The strengths of the child;
The concerns of the parents for enhancing the education of their child;
The results of the initial evaluation or most recent evaluation of the child; and
The academic, developmental, and functional needs of the child.

Revising the IEP

20 USC §1414(c)(1)(B), 1414(d)(1)(A)(i)(VIII)(cc), 1414(d)(4)(A)(ii), 1414(d)(4)(A)(ii)(I), 1414(d)(4)(A)(ii)(II), 1414(d)(4)(A)(ii)(III), 1414(d)(4)(A)(ii)(IV), 1414(d)(4)(A)(ii)(V), 1414(d)(6), 34 CFR Part 300.305(a)(2), 300.324(b)(1)(ii), 300.324(b)(1)(ii)(A), 300.324(b)(1)(ii)(B), 300.324(b)(1)(ii)(C), 300.324(b)(1)(ii)(D), 300.324(b)(1)(ii)(E), 300.324(c)(1), 19 TAC §89.1070(h)

The ARD committee must revise the IEP as appropriate to address:

Any lack of expected progress toward the annual goals and in the general education curriculum, where appropriate;
The results of any reevaluation;
Information about the child provided to, or by the parents, in the Review of Existing Evaluation (REED) data;
The child's anticipated needs;
The failure of a participating agency to provide the transition services described in the IEP; and
Other matters. 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 guidelines.

Meeting at Parent Request

19 TAC §89.1045(b)

A parent may request an ARD committee meeting at any mutually agreeable time to address specific concerns about his or her child's special education services.

The LEA must respond to the parent's request either by:

Holding the requested meeting; or
By requesting assistance through the TEA’s mediation process. The LEA should inform parents of the functions of the ARD committee and the circumstances or types of problems for which requesting an ARD committee meeting would be appropriate.