The District shall establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full and individual initial evaluation is conducted. The ARD committee shall be the individualized education program (IEP) team defined at 34 CFR 300.344. 

The responsibilities of the ARD committee and the District include

1. Evaluation, re-evaluation, and determination of eligibility for special education and related services;

2. Placement of students with disabilities;

3. Development of the student's individualized education program (IEP);

4. Development and implementation of service plans for eligible students in private schools;

5. Compliance with the least restrictive environment standard;

6. Compliance with state requirements for reading diagnosis and state assessments;

7. Development of personal graduation plans;

8. Development of intensive programs of instruction under Education Code 28.0213;

9. Evaluation, placement, and coordination of services for students who are deaf, hard of hearing, blind, or visually impaired; and

10. Determining eligibility for extracurricular activities, under Education Code 33.081.

19 TAC 89.1050(a)

The District shall ensure that each IEP team meeting includes all the following:

1. The parents of a child with a disability;

2. At least one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);

3. At least one special education teacher or, if appropriate, at least one special education provider of the child;

4. A representative* of the District who:

1. Is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities;

2. Is knowledgeable about the general education curriculum; and

3. Is knowledgeable about the availability of resources of the District;

5. An individual who can interpret the instructional implications of evaluation results, who may be a member of the ARD committee (who may be a member of the committee listed in items 1—5);

6. The child, if appropriate; and

7. Other individuals who have knowledge or special expertise regarding the child at the discretion of the District or the parent.

* The District may designate another member of the ARD committee to also serve as a District representative, so long as the criteria in items 4a—c are satisfied.

A member of the ARD committee shall not be required to attend an IEP meeting, in whole or in part, if the parent and the District agree in writing that the attendance is not necessary because the member's area of the curriculum or related services is not being modified or discussed during meeting.

A member of the ARD committee may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of curriculum related services if the parent and the District consent to the excusal and the member submits, in writing, input into the development of the IEP before the meeting.

20 U.S.C. 1414(d)(1)(B)-(C); 34 CFR 300.344

If the purpose of the meeting is to consider transition services for a student, the District shall invite:

1. The student. If the student does not attend, the District shall take steps to ensure that the student's preferences and interests are considered.

2. A representative of any other agency that is likely to be responsible for providing or paying for transition services. If such a representative is invited but does not attend, the District shall take other steps to obtain me participation of the other agency in the planning of any transition services. 

The District shall take steps to ensure that one or both parents of a student with a disability are present at each ARD committee meeting or are afforded an opportunity to participate, including:

1. Notice of the purpose, time, and location of the meeting, who will be in attendance, and that persons with knowledge or special expertise may be invited by either the parent or the District;

2. Scheduling the meeting at a mutually agreed on time and place.

If the purpose of the meeting is to consider transition services, the notice must also indicate this purpose, indicate that the District will invite the student, and identify any other agency that will be invited to send a representative.

34 CFR 300.345(a), (b); 19 TAC 89.1045

When conducting ARD committee meetings and placement, the parent and the District may agree to use alternative means of meeting participation, such as video conferences and conference calls. 20 U.S.C. 1414(f)

An ARD meeting may be conducted without a parent in attendance if the District is unable to convince the parents that they should attend, but the District shall have a record of its attempts to arrange a mutually agreed on time and place, such as detailed records of telephone calls, correspondence, or visits made or attempted and the results of any of those actions. 34 CFR 300.345(c)-(d)

The District shall initiate and conduct ARD committee meetings for the purpose of developing, reviewing, and revising the IEP of a child with a disability. The committee shall review each child's IEP periodically, and, if appropriate, revise the IEP. A meeting must be held for this purpose at least once a year.

A meeting does not include informal or unscheduled conversations involving District personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provisions if those issues are not addressed in the child's IEP. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

20 U.S.C. 1414(d) 34 CFR 300.501(b)(2), 300.343

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 District must respond to the request by holding the meeting or requesting TEA's assistance through the mediation process. The District shall 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. 19 TAC 89.1045(b)

If a student transfers districts, and the student had a previous IEP in place, the District will provide the child with a free appropriate public education, including services comparable to those described in the previous IEP, in consultation with the parents, until:

1. In the case of a student who transfers within the state, the District adopts the previous IEP or develops, adopts, and implements a new IEP.

2. In the case of a student who had an IEP in effect in another state, the District conducts an evaluation, if determined necessary by the District, and develops a new IEP, if appropriate.

The district in which the child enrolls shall take reasonable steps to promptly obtain the child's records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous district.

The previous district shall take reasonable steps to promptly respond to the request from the new district.

20 U.S.C. 1414(d)(2)(C)

The District shall develop, review, and revise an IEP for each child with a disability. 20 U.S.C. 1412(a)(4)

At the beginning of each school year, the District shall have in effect, for each child with a disability in its jurisdiction, an IEP. 20 U.S.C. 1414(d)(2)(A)

The term "individualized education program" means a written statement for each child with a disability that includes:

1. A statement of the child's present levels of academic achievement and functional performance;

2. A statement of measurable annual goals, including academic and functional goals;

3. A description of how the child's progress toward the annual goals will be measured and when periodic reports on the progress of the child will be provided;

4. A statement of me specific special education and related services  and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child;

5. A statement of the program modifications or supports for school personnel that will be provided for the child;

6.  An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in extracurricular and nonacademic activities;

7. The projected dates for initiation of services and modification and the anticipated frequency, location, and duration of these services and modifications;

8. A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on state or districtwide assessments;

9. Beginning not later than the first IEP to be in effect when the child is 16, and updated annually thereafter, a statement of the transition service needs of the student [see EHBAD]; and

10. Beginning not later than one year before the child reaches the age of 17, a statement that the child has been informed of the rights that will transfer to the child upon reaching the age of majority.

20 U.S.C. 1414(d); 34 CFR 300.347(a), (b); 19 TAC 89.1055

If the parent is unable to speak English and Spanish is the parent's native language, the District shall provide a written or audiotaped copy of the student's IEP translated into Spanish. If the parent's native language is other than Spanish or English, the District shall make a good faith effort to provide a written or audiotaped copy of the student's IEP translated into the parent's native language. Education Code 29.005(d)

For students with autism/pervasive developmental disorders, information about the following shall be considered and, when needed, shall be addressed in the IEP:

1. Extended educational programming;

2. Daily schedules reflecting minimal unstructured time;

3. In-home training or viable alternatives;

4. Prioritized behavioral objectives;

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

6. Parent training; and

7. Suitable staff-to-students ratio.

If the ARD committee determines that the services are not needed in one or more of the items listed in 1—7 above, the IEP shall include a statement reflecting that decision and the basis upon which the determination was made.

19 TAC 89. 1055(e)—(f)

If the District provides special education services to students with visual impairments, it shall have written procedures as required in Education Code 30.002(c)(10) (access to resources). 19 TAC 89.1075(b)

When agreement about all required elements of the IEP is not achieved, the parent or adult student [see EHBAD for more information on rights of adult students] who disagrees shall be offered a single opportunity to have the committee recess for a period not to exceed ten school days. This recess is not required when:

1. The student's presence on campus represents a danger of physical harm to the student or others;

2. The student has committed an expellable offense; or

3. The student has committed an offense that may lead to placement in a disciplinary alternative education program. [See FOF]

These requirements do not prohibit the members of the ARD committee from recessing an ARD committee meeting for reasons other than failure of the parents and the District to reach agreement about all required elements of an IEP.

During the recess, the committee members shall consider alternatives, gather additional data, prepare further documentation, and/or obtain additional resource persons to enable the committee to reach agreement.

When the District implements an IEP with which the parents or adult student disagree, it shall provide prior written notice in compliance with the notice provisions described at EHBAE.

Parents shall have the right to file a complaint, request mediation, or request a due process hearing at any point, when they disagree with ARD committee decisions.

19 TAC 89.1050(h)

After the annual IEP meeting for a school year, the parent and District may agree not to convene an IEP meeting for the purposes of making changes to the IEP and instead may develop a written document to amend or modify the child's current IEP.

To the extent possible, the District shall encourage the consolidation of reevaluation meetings for the child and other ARD meetings for the child.