The Individuals with Disabilities Education Act of 2004 is the federal law that governs the special education process.
One of the main purposes of IDEA is to ensure that children with disabilities have available to them a Free Appropriate Public Education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.
Special Education refers to specially designed instruction to meet the unique needs of a child with a disability. Related Services are special services needed to support students' special education services so they can make progress to meet their academic and functional goals. These services can include: occupational therapy, physical therapy, speech-language therapy, counseling services, orientation and mobility services, and/or transportation services.
After an initial evaluation report is completed on a student, the Admission, Review and Dismissal (ARD) Committee, also referred to as an Individualized Education Program (IEP) Team, must be formed to review the report and determine whether or not the student is eligible for special education services.
ARD/IEP committee members include the following:
Parent/legal guardian or surrogate parent
At least one special education teacher or service provider
At least one general education teacher
School representative or administrator
An individual who can interpret instructional implications of evaluation results
Student, when appropriate, including when transition services are discussed
Other individuals who have knowledge of the student
Representatives of any participating agency potentially responsible for providing transition services, as appropriate
Others for specific situations, such as a member of the Language Proficiency Assessment Committee (LPAC), a representative of Career and Technology Education (CTE) when considering CTE classes, or a teacher certified in the education for visual or auditory impairment
We will contact you via phone call or email to schedule meetings as far in advance as possible so you can request time off or make the necessary arrangements to attend the meeting. You will also receive written notice of the meeting at least five school days before the meeting, unless you agree to a shorter timeframe. The notice will include the purpose, time, location and a list of those who will be in attendance.
We understand everyone's situation is different. If you are unable to attend the meeting in person, you can participate through alternative means such as through telephone or videoconferencing.
If a student qualifies for special education services, the school is required to provide a Free Appropriate Public Education in the least restrictive environment. This is accomplished through the ARD committee's development of an Individualized Education Program (IEP) and the school's implementation of that IEP.
The major components of the IEP include:
The student's present levels of academic achievement and functional performance (PLAAFP);
This includes how the student's disability affects involvement and progress in the general curriculum
Annual goals;
These goals are measurable annual goals designed to meet the student's needs resulting from the disability so that he or she can be involved in and progress in the general curriculum.
The IEP must also describe how the student's progress towards the annual goals will be measured as well as when the progress reports will be provided to parents.
Description of the special education, related services, supplementary aids and services that will be provided;
The ARD Committee will decide what services are needed to enable the student to: advance appropriate towards attaining the annual goals; be involved and make progress in the general curriculum; and be educated and participate with children without disabilities.
The IEP must also include a statement of any needed program modifications and supports for school personnel that will be provided as well as the projected date for the beginning of the services and modifications and the anticipated frequency, location, and duration of the services and modifications.
Information regarding how the student will participate in state and district assessments;
Transition services, when age-appropriate; and
IDEA and state law require that IEPs for older students address transition services.
These services are a coordinated set of activities designed to help the student move from school to post-school activities.
Transition planning must begin no later than when a student reaches 14 years of age.
The first IEP in effect when a student turns 16, must include appropriate measurable post-secondary goals based on age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills.
Your student must be invited to the ARD Committee meeting when transition services will be discussed.
Other areas that must be addressed for children with certain disabilities, needs or circumstances
Yes, under federal law, state assessments must be given to all students to determine whether or not schools have been successful in teaching children the state academic content standards (in Texas, they are known as the Texas Essential Knowledge and Skills or TEKS.
HOWEVER...
If the ARD Committee determines that accommodations are necessary for a student to participate in assessments, the IEP must contain a statement of the appropriate accommodations.
If the ARD Committee determines that a student must take an alternate assessment instead of a particular state or district wide assessment, statements must be provided regarding why the student cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the student.
When your student reaches the age of 18, they become an adult student. These students have the right to make decisions on their own behalf unless determined by law to be incompetent.
In the ARD Committee meeting held at least one year before your student's 18 birthday, we must inform the student that the right to make education decisions will transfer from their parents to them upon their 18th birthday. Additional information and resources regarding guardianship, alternatives to guardianship and information about other supports and services designed to assist in independent living will also be shared with students and parents.
Please note, when your rights transfer to your adult student, you and your adult student will both receive all future required notices. However, notices of ARD Committee meetings are not an invitation for you to attend the meetings. You may only attend meetings if your adult student invites you or gives the school permission to invite you.
If the ARD Committee determines that a behavior improvement plan or Behavioral Intervention Plan (BIP) is appropriate for your student, that plan must be included as part of your student's IEP.
IDEA requires that a student with a disability be educated in the least restrictive environment (also referred to as the LRE). This means that a student must be educated with children who do not have disabilities to the maximum extent possible. Placement refers to the points along the continuum of placement options available for a student with a disability (i.e. regular classes, special classes, special schools, homebound instruction, instruction in hospitals and institutions). Placement does not refer to the specific physical location or site where the services will be delivered.
You will be offered a single opportunity to have the Committee recess for a period of time not to exceed 10 school days unless you and the school mutually agree otherwise. During this recess time, the members of the Committee must consider alternatives, gather additional information, prepare further documentation, and/or obtain additional resource persons who may assist in enabling the ARD Committee to reach mutual agreement.
Yes, the school must provide you with a copy of your student's IEP at no cost. If your native language is not English, we will strive to provide you with a written copy or audio-recording of your student's IEP translated into your native language.
Except for special circumstance, the ARD Committee will meet at least once a year to review your student's IEP and determine whether or not the annual goals are being met. You may request an ARD Committee meeting to discuss educational concerns about your child.
Special circumstances which may require the ARD Committee to meet more than once include the need to address:
Lack of expected progress towards the annual goals and in the general curriculum;
Results of any reevaluation;
Information about the child provided to, or by, the parents;
Anticipated needs of the child; or
Other matters.
Some changes to the IEP may be made without holding an ARD Committee meeting. However, the following changes can only be made in an ARD Committee meeting:
Changes to eligibility determination;
Changes in placement; and
Manifestation determinations
At least every three years the school will complete a reevaluation similar to the initial evaluation. This reevaluation must be comprehensive enough to determine whether or not your student continues to be a student with a disability and needs special education services. As part of the reevaluation process, the school will perform a Review of Existing Evaluation Data (REED).
Just as you have the authority to consent to the initial provision of special education and related services, you have the authority to revoke your consent for services. Revocation of services must be made in writing. Once the school receives your written revocation, we will provide you with prior written notice that services will stop prior to discontinuing services. Special education and related services will be stopped; however, your student's education records will not be amended and references to your student's previous special education and related services in the past will not be removed.
Please note, if you revoke your consent for the continued provision of special education and related services, your student will be considered a general education student and will not be entitled to any of the protections under IDEA,
Your student may still graduate and be awarded a regular high school diploma by meeting the same curriculum standards and credit requirements applicable to student in general education under one of the four graduation programs:
Foundation High School Program
Recommended High School Program
Distinguished Achievement High School program
Minimum High School Program
Under IDEA, special education services must be available to an eligible student or adult student until he or she graduates with a regular high school diploma or exceeds the age eligibility requirement for special education under state law which is 21 in Texas.