Conducting Legally Sound ARD Meetings

Conducting Legally Sound ARD MeetingsMembers of the ARD CommitteeAdministratorThe childs teacherOne or both parentsThe child where appropriateThe Diagnostician (when assessment is discussed) or Speech Path if speech only ARDOther individuals may be invited by the parent or the school, but are not members of the ARD Committee.

Attorneys at ARDsWhen a parent brings an attorney without notice, the school district may postpone the ARD meeting until their attorney can be present.

Tape RecordersA parent has a right to tape record the ARD meetingIf the parent records the meeting, the school district should tape record as well If recorded, make a note in the ARD minutes that the meeting was recorded.

Chairing the ARD MeetingThe Chairman of the ARD is the AdministratorBe sure to use the prepared ARD agendaMake sure everyone at the ARD has a copy of the agendaDo not stray from the agenda

Time LimitationsReasonable time limitations can be made include in Notice of ARDIf an ARD meeting is lasting longer than anticipated, the ARD committee can adjourn and reconvene at a later dateThe date and time for reconvening should be set before adjourning the ARD

Purpose of the ARDShould be clearly stated and documentedInitialAnnualManifestation DeterminationBrief ARD

7Parental IssuesA parent can raise issues at an ARD meeting without giving prior noticeThe ARD committee does not have to take action on those issues at the time, but must allow the parent to raise the issues.Methodology is left to the expertise of the school personnel.

Any district issues must be on the ARD notice 8EligibilityChild centered processAppropriately identify students with disabilities Eligibility = Disability + Educational Need2004 IDEA Regulations 34CFR 300.101(c)FAPE must be available to students who need special education and related services even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade.

Educational NeedGrades dont tell the whole storyLook at patterns of achievement over timeLook at behavior and disciplinary actionLook at emotional functioningEducational need is a committee decision

Review progressID strengths/weaknessesParent concernsPostsecondary desired outcomesReview need for ESYConsider any special factors health, medical, behavior, language, communication, AT, etc.Complete supplements unique to specific disabilities/needsDevelopment of the IEP

Develop goals and objectives to reflect deficit grade level TEKS link to needs identified on the PLAAFPSkill deficits should be addressed in order for the student to access their assigned grade level curriculumChallenge for IEP teams is to develop goals that are aligned to content standards yet are individualized for that studentDevelopment of the IEPAccommodationsAccommodations should be unique to the individual student needs and enable the student to access and progress in the general curriculum

Accommodations are the actual teaching supports and services that the student may require to successfully demonstrate learning

Supplemental aids may be specified if they are required to be utilized by the student and not just good teaching practice.

The AT Supplement is put in place for any student with identified AT needs

Modifications/AccommodationsModifications refer to changes made to curriculum expectations in order to meet the needs of the student-Made when the expectations are beyond the students level of ability-May be minimal or complex depending on the students performance-Must be clearly acknowledged in the IEPAccommodations refer to the actual teaching supports and services that the student requires to successfully demonstrate learning-Does not change expectations to the grade level curriculum

PlacementEvaluation information must drive programming decisions

Consideration of the childs need for specially designed instruction must drive placement.

Least Restrictive EnvironmentWhenever the placement is other than the students regular classroom, the ARD Committee must justify the more restrictive placementSet forth what supplementary aids and services have been attempted in the less restrictive setting and why the student needs a more restrictive placement

Least Restrictive EnvironmentSet forth what efforts will be made to transition the student back to the less restrictive environment

IEP demonstrates positive benefits both academically and non academically.(Educational benefit is reasonable progress, not As and Bs)

Refusal to SignIf a parent refuses to sign the ARD report, make a notation of the refusal and initial itIf consensus is not reached, offer the parent the opportunity to reconvene the ARD meeting within 10 daysThe parent has the right to decline the 10 daysThe minutes should reflect that the offer was madeParents should be encouraged to write a statement regarding their reasons for disagreement.

Non-consensus ARDsAll members are asked to sign the signature page beginning with the parent.If the parent disagrees the minutes must clearly reflect what their disagreement is and what steps were taken to resolve the disagreement.If the parent disagrees a 10 school day recess must be offered to the parent during this recess the school and parent are to gather new information and/or review the ARD decision.Placement cannot take effect on any disputed ARD decision until the 10th school day following the reconvention ARD meeting.

Prior Written NoticeIn addition to signing the ARD signature page the parents must agree to waive the 5 school days waiting period or plan cannot be implemented.If parent is in attendance there is a place on the ARD signature page for them to waive their 5 days.If parent is not in attendance the ARD packet along with the Prior Written Notice statement and a letter are sent to the parent with the effective date for implementation of the IEP unless the parent returns the letter signed before the effective dateARD Minutes/Deliberations

Deliberations should clearly reflect the decisions made by the ARD Committee but are not a verbatim transcript of the meeting.Deliberations should reflect all parent concerns and districts response to those concerns and/or questions.

Handling Belligerent ParentsThe ARD Committee should allow a parent to let off steam; however, should the parent become abusive, take a break to give the parent an opportunity to regain composureIf the parent remains abusive, adjourn the ARD meeting to another time

Handling Belligerent ParentsNever respond to a parents frustration with a personal attackMaintain professionalism

Give the meeting the attention it deservesif you are taking calls or leaving the meeting to take care of other business, you are sending a clear message to the parent about how important their child isDont use jargon and dont let your staff use jargonDont allow committee members to engage in side conversations

Teach the Golden RuleDont come to the ARD with recommendations you have not discussed with the other staff members involved.If something unexpected happens and the committee isnt prepared to make a decision, document areas where you have reached agreement and agree to recess in order to gather more information.

And More TipsStay out of issues that are not ARD/IEP issues.PersonnelIn District transfersPromotion/retention (unless SSI Committee)Assessment BatteryCurriculum and Instructional MaterialsParent/Teacher conferencesDistrict and Campus policies and proceduresOther students

Statements you should never make in an ARDHe is lazy and he just uses these accommodations as a crutchYou could come back and sue us if we did thatWe could never afford thatIts not fair to the other students I dont believe in modifying. If he is in my class he should do what everyone else has to doAdvocates and Attorneys dont scare me.

Things you can sayWhy do you believe John needs?It sounds like you are concerned about, (re-state the problem) how could we address that most effectively? (Keep everyone in dialogue until a suggestion is made that everyone can live with.)I think it would be more practical to.We want John to be as independent as possible, so what about..Its important that she be exposed to as much of the regular curriculum as possible, so what if we..

Things you can sayWhat is your goal for your child after high school? Will ..move him toward that goal?What would be the best way to handle this in your classroom?He has trouble finding the motivation to complete his work and doesnt always put forth the effort needed to be successful even when he seems to have the skills in place to complete the assignment

Notes:Stay positiveDont take things personallyBe honest and straightforward but.Phrase things in a respectful and polite wayBe a leader for your campusyour attitude about the student and family will influence the attitudes of your staff

Issues Related to DisciplineEssential Questions1. How do discipline decisions impact district rankings on the SPP (State Performance Plan) and PBMAS (Performance Based Monitoring Analysis System)?2. When does a campus conduct an MDR (Manifestation Determination Review)?3. What is the purpose of the MDR ?4. Are there special considerations that need to be considered when making disciplinary decisions for students with special needs?

SPP: State Performance PlanInformation is gathered by TEA to report to the U.S. Dept. of Education (OSEP)Monitoring Priority for State Performance Plan: FAPE in LRESPP reports information on eight indicatorsIndicator #4: Percent of districts identified by the State as having a significant discrepancy in the rates of suspensions and expulsions greater than 10 days in a school year.

PBMAS: Performance Based Monitoring Analysis SystemThis system is used by TEA to evaluate the performance and program effectiveness of school districts and charter schoolsPBMAS reports data based on 18 indicatorsIndicators 16, 17, and 18 address discretionary placements in DAEP, ISS, and OSS

PBMAS continuedFor each district, the difference score is compared to the PBMAS standards for the indicator, and performance standards are assigned as Performance Level 0, 1, 2 and 3Performance Level 0 indicates that standards have been met, Performance Level 3 indicates that the district percent of discretionary placements are at least 6.1% higher than the percent of overall discretionary placements within the district

PBMAS Performance Level ConsequencesLevel 1: Corrective action planLevel 2: Financial Impact (15% of funds)Level 3:TEA monitor

When to conduct an MDRWhen a student has been removed from his educational placement for 10 days (cumulative)Remember:Portions of a school day that a child has been suspended would be counted as one dayISS would not be considered out of placement as long as the child is afforded the opportunity to:Appropriately progress in the general education curriculumContinue to receive the services specified on the IEP(the ISS teacher must implement and provided instruction on students specific goals and objectives) Continue to participate with nondisabled peers to the extent they would have in their current placement

Counting CautionEvaluate this very cautiously-attorneys advise you to count all ISS days as out of placementIf an ISS day is not counted as out of placement, make sure the contact teacher has documented all services as well as service delivery timesBe sure COP monitor includes bus suspensions in FAPE Free count

Change of placement occurs when:The removal is for more than 10 consecutive days orThe student is subject to a series of removals that constitute a pattern thatTotals more than 10 school days in a year Shows the childs behavior that is subject to discipline is similar to previous behaviors that resulted in a series of removals, taken cumulatively, and determined to have been a manifestation of the childs disabilityConsiders additional factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another (CFR 300.536)

When change of placement occurs:Administrator must notify parent and provide the parent a copy of the Procedural Safeguards.Administrator must notify Assessment Specialist that the a change of placement has occurred and schedule a MDR ARD meeting.After initial MDR Administrator may use Short-term Removal form to determine if another MDR is necessary for each subsequent day out of placement or change in placement.

Mandatory MDR:When a change of placement occursPossession or use of drugs at schoolPossession of weapons at schoolInfliction of serious bodily injury

An MDR must be scheduled within 10 school days of the decision to change placement as a result of violation of the Student Code of ConductNot later than the date on which the decision to take the disciplinary action is made requiring an MDR, school personnel must notify the parent of the decision and provide them a copy of the Procedural SafeguardsMDR does not reset the clock!A student may only have 10 cumulative days out of placement in a school year.Each subsequent day is in addition to the first 10.-------------------------------------------------------------------------Each year begins with 0 days out of placement.Count begins on first day out of placement in a school year.

Purpose of the MDR is the determine the answer to the following questionsThe ARDC must determine :1. Was the conduct in question caused by, or did it have a direct and substantial relationship to the childs disability? or2. Was the conduct in question the direct result of the districts failure to implement the IEP?MDR Question # 1Caused by or direct and substantial relationshipHas the student followed the rules in the school in the past?In what situations can student control behavior?Are there other factors to explain the misconduct?Is this an isolated instance of this behavior or is it recurrent?Was the behavior premeditated?MDR Question # 2Direct result of failure to implement IEPIs the student making progress?Have the services been provided consistent with the IEP?If there were inconsistencies in the implementation in the IEP, did they have a direct impact on the behavior in question?When Behavior is a ManifestationIf the answer to either question is a yes, the conduct is a manifestation of the childs disability.The ARDC must:Conduct a FBA and implement a BIPIf BIP exists, review BIP and modify as necessary to address behavior; andReturn the child to their current placement (unless parent and district agree to change of placement as part of a BIP modifications and unless mandatory 45-day removal appliesWhen behavior is Not a ManifestationApply relevant disciplinary procedures same as for children without disabilities

Sec. 300.530, Authority of school personnel (a) Case by-case determination. School personnel may consider any unique circumstances on a case-by case basis when determining whether a change in placement is appropriate for a child with a disability who violates a code of student conduct.

Questions?