The Legal Framework for the Child-Centered Special Education Process

 
Home   Updates   Resources   Glossaries   Search   Log Out
 
[English Graphic Version] [Versión Gráfica española] [Versión de Texto española]
 
CONSENT TO EXCUSE MEMBER FROM ATTENDING ARD COMMITTEE MEETING  
 
Authority: 34 C.F.R. Part 300; 19 T.A.C. Chapter 89
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS

P
The local educational agency (LEA) must comply with the PARENT and ADULT STUDENT frameworks, as appropriate.


D

The LEA must obtain informed consent from the parent before excusing a member from attending an admission, review and dismissal (ARD) committee meeting (in whole, or in part) as provided in the ARD COMMITTEE MEMBERSHIP framework.

300.9
300.321(e)(2)(i)
89.1050(c)(5)


ELEMENTS OF CONSENT FOR EXCUSAL




P

The "informed consent" that the LEA must obtain to excuse a member from attending an ARD committee meeting (in whole or in part) means:

300.9
300.321(e)(2)(i)
89.1050(c)(5)


D
  • The parent has been fully informed of all information relevant to the excusal of the member from attending the ARD meeting in his or her native language or other mode of communication;
300.9(a)


D
  • The parent understands and agrees in writing to the excusal of the ARD member from attending the ARD meeting (in whole or in part);
300.9(b)


D
  • The consent describes the excusal of the member from attending the ARD meeting;
300.9(b)


D
  • The consent lists the records (if any) that will be released, and to whom;
300.9(b)


D
  • The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime; and
300.9(c)(1)


D
  • The parent understands that if the parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).
300.9(c)(2)

 
 
Last Updated: Friday, August 28, 2009
  | HOME | CONTACT US |