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REACHING CLOSURE AND CONSENSUS  
 
Authorities: Texas Education Code; 19 T.A.C. Chapter 89
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS

REACHING CLOSURE


P
The admission, review and dismissal (ARD) committee documentation must include: 89.1050(e)


D
  •  The date of the meeting;
89.1050(e)


D
  • The names, positions, and signatures of the members participating in each meeting; and
89.1050(e)


D
  • Each member's agreement or disagreement with the committee's decisions.
89.1050(e)


P

If the student’s parent is unable to speak English, either:

89.1050(e)
TEC 29.005(d)


P
  • Provide the parent with a written or audio-taped copy of the student’s individualized education program (IEP) as record of the ARD meeting translated into Spanish if Spanish is the parent’s native language; or
89.1050(e)
TEC 29.005(d)


P
  • If the parent's native language is a language other than Spanish, make a good faith effort to provide the parent with a written or audio-taped copy of the student’s IEP as record of the ARD meeting translated into the parent’s native language.
89.1050(e)
TEC 29.005(d)


REACHING CONSENSUS




P

A decision of the committee concerning required elements of the IEP must be made by mutual agreement of the required members if possible.

89.1050(h)


P

When mutual agreement about all required elements of the IEP is not achieved, the ARD committee must:

89.1050(h)


D
  • Offer the parents or adult student who disagrees a single opportunity to have the committee recess for a period of time not to exceed ten school days:
89.1050(h)(1)


P
    • 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 an alternative education program (AEP);
89.1050(h)(1)


D
  • Provide a written statement of the basis for the disagreement;
89.1050(h)(5)


D
  • Offer the members who disagree the opportunity to write their own statements; and
89.1050(h)(5)


D
  • When the parent accepts the offer to reconvene, determine by mutual agreement prior to the recess, the date, time, and place for continuing the ARD committee meeting.
89.1050(h)(3)


P

During a recess, the ARD committee members must: 

89.1050(h)(2)


P
  • Consider alternatives;
89.1050(h)(2)


P
  • Gather additional data;
89.1050(h)(2)


P
  • Prepare further documentation; and/or
89.1050(h)(2)


P
  • Obtain additional resource persons which may assist in enabling the ARD committee to reach mutual agreement.
89.1050(h)(2)


P

When the ARD commitee cannot reach mutual agreement (after the ten-day recess or when the parent refuses the ten-day recess) the local educational agency (LEA) must:

89.1050(h)(6)
89.1050(h)(4)


D
89.1050(h)(6)


P
  • Implement the IEP which it has determined to be appropriate for the child.
89.1050(h)(4)

 
 
Last Updated: Friday, June 27, 2008
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