The Legal Framework for the Child-Centered Special Education Process
 
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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
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS

INITIAL MEETING


D
The admission, review and dismissal (ARD) committee must meet to develop an IEP within 30 days of a DETERMINATION OF ELIGIBILITY. 300.323(c)(1)


P
As soon as possible following development of the individualized education program (IEP), the local educational agency (LEA) must ensure that special education and related services are made available to the child in accordance with the child’s IEP.  300.323(c)(2)


ANNUAL MEETING


D
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. 300.324(b)(1)(i)
200.1(f)(2)(v)
1414(d)(4)(A)(i)


D
The ARD committee must determine the child's placement at least annually. 300.116(b)(1)


P

The IEP, as defined in the ARD COMMITTEE frameworks, must be in effect at the beginning of each school year for each child with a disability.

 		300.320
300.323(a)
1414(d)(2)(A)


P
To the extent possible, the LEA must encourage the consolidation of reevaluation meetings for the child and other ARD committee meetings for the child. 300.324(a)(5)
1414(d)(3)(E)


P
In the case of a child with a disability who transfers, LEAs must comply with TRANSFER STUDENTS framework.


DEVELOPING THE IEP


P

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

 		300.324(a)(1)
1414(d)(3)(A)


P
  • The strengths of the child;
 		300.324(a)(1)(i)
1414(d)(3)(A)


P
  • The concerns of the parents for enhancing the education of their child;
 		300.324(a)(1)(ii)
1414(d)(3)(A)


P
  • The results of the initial evaluation or most recent evaluation of the child; and
 		300.324(a)(1)(iii)
1414(d)(3)(A)


P
  • The academic, developmental, and functional needs of the child.
 		300.324(a)(1)(iv)
1414(d)(3)(A)


REVISING THE IEP


D
Except when accomplished through an AMENDMENT WITHOUT A MEETING, the ARD committee must revise the IEP as appropriate. 300.324(b)(1)(ii)
1414(d)(4)(A)(ii)


P
Circumstances that trigger revising the IEP include the need to address: 300.324(b)(1)(ii)
300.324(c)(1)
89.1070(h)
1414(d)(1)(A)(i)(VIII)(cc)
1414(d)(4)(A)(ii)


P
  • Any lack of expected progress toward the annual goals and in the general education curriculum, where appropriate;
 		300.324(b)(1)(ii)(A)
1414(d)(4)(A)(ii)(I)


P
  • The results of any reevaluation;
 		300.324(b)(1)(ii)(B)
1414(d)(4)(A)(ii)(II)


P
300.305(a)(2)
300.324(b)(1)(ii)(C)
1414(c)(1)(B)
1414(d)(4)(A)(ii)(III)


P
  • The child's anticipated needs;
300.324(b)(1)(ii)(D)
1414(d)(4)(A)(ii)(IV)


P
  • Other matters;
 		300.324(b)(1)(ii)(E)
1414(d)(4)(A)(ii)(V)


P
  • The failure of a participating agency to provide the TRANSITION SERVICES described in the IEP; and 
 		300.324(c)(1)
1414(d)(6)


P
  • For a child who graduated and received a diploma pursuant to an IEP according to the GRADUATION framework, upon the request of the child or parent to resume services, as long as the child meets age eligibility requirements.
 		89.1070(h)


MEETING AT PARENT REQUEST


P
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. 89.1045(b)


P

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

89.1045(b)


P
  • Holding the requested meeting; or
 		89.1045(b)


P
  • By requesting assistance through the Texas Education Agency's mediation process.
 		89.1045(b)


P

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.

 		89.1045(b)
TEC 26.0081

 
 
Last Updated: Tuesday, June 02, 2009
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