What's Required

  • 300.322 Parent Participation.
    (a) The LEA responsibility—general. The LEA must take steps to ensure that one or both of the parents of a child with a disability are present at each ARD Committee meeting or are afforded the opportunity to participate, including--
    (1) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and
    (2) Scheduling the meeting at a mutually agreed on time and place.
     
    (b) Information provided to parents. 
    (1) The notice required under paragraph (a)(1) of this section must--
    (i) Indicate the purpose, time, and location of the meeting and who will be in attendance; and
    (ii) Inform the parents of the provisions in §300.321(a)(6) and (c) (relating to the participation of other individuals on the ARD Committee who have knowledge or special expertise about the child), and §300.321(f) (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial ARD Committee meeting for a child previously served under Part C of the Act).
    (2) For a child with a disability beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the ARD Committee, the notice also must--
    (i) Indicate--
    (A) That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with §300.320(b); and
    (B) That the agency will invite the student; and
    (ii) Identifies any other agency that will be invited to send a representative.
     
    (c) Other methods to ensure parent participation. If neither parent can attend an ARD/IEP Committee meeting, the LEA must use other methods to ensure parent participation, including individual or conference telephone calls, consistent with §300.328 (related to alternative means of meeting participation).
     
    (d) Conducting an ARD meeting without a parent in attendance. A meeting may be conducted without a parent in attendance if the LEA is unable to convince the parents that they should attend. In this case, the LEA must keep a record of its attempts to arrange a mutually agreed on time and place such as: 
    (1) Detailed records of telephone calls made or attempted and the results of those calls;
    (2) Copies of correspondence sent to the parents and any responses received; and
    (3) Detailed records of visits made to the parent’s home or place of employment and the results of those visits.
     
    (e) Use of interpreters or other action, as appropriate. The LEA must take whatever action is necessary to ensure that the parent understands the proceedings of the ARD Committee meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.
     
    (f) Parent copy of child's IEP. The LEA must give the parent a copy of the child's ARD at no cost to the parent. (Authority: 20 U.S.C. 1414(d)(1)(B)(i))
     
    §300.501 Parent Participation in Meetings.
    (b) Parent participation in meetings. 
    (1) The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to--
    (i) The identification, evaluation, and educational placement of the child; and
    (ii) The provision of FAPE to the child.
    (2) The LEA must provide notice consistent with §300.322(a)(1) and (b)(1) to ensure that parents of children with disabilities have the opportunity to participate in meetings described in paragraph (b)(1) of this section.
    (3) A meeting does not include informal or unscheduled conversations involving the LEA personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities that LEA personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.
     
    (c) Parent involvement in placement decisions. 
    (1) LEA must ensure that a parent of each child with a disability is a member of any group that makes decisions on the educational placement of the parent's child.
    (2) In implementing the requirements of paragraph (c)(1) of this section, LEA must use procedures consistent with the procedures described in §300.322(a) through (b)(1). (3) If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, LEA must use other methods to ensure their participation, including individual or conference telephone calls, or video conferencing.
    (4) A placement decision may be made by a group without the involvement of a parent, if LEA is unable to obtain the parent’s participation in the decision. In this case, LEA must have a record of its attempt to ensure their involvement.
    (Authority: 20 U.S.C. 1414(e), 1415(b)(1))
     
    §300.327 Educational placements.
    Consistent with §300.501(c) the LEA must ensure that the parents of each child with a disability are members of any group that makes decisions on the educational placement of their child.
    (Authority: 20 U.S.C. 1414(e))
     
    §300.328 Alternative means of meeting participation.
    When conducting ARD Committee meetings and placement meetings pursuant to this subpart, and Subpart E of this part, and carrying out administrative matters under section 615 of the Act (such as scheduling, exchange of witness lists, and status conferences), the parent of a child with a disability and the LEA may agree to use alternative means of meeting participation, such as video conferences and conference calls. (Authority: 20 U.S.C. 1414(f))
     
    TEC §29.005. 
    (d)If the child's parent is unable to speak English, the district shall:
    (1)provide the parent with a written or audio taped copy of the child's individualized education program translated into Spanish if Spanish is the parent's native language; or
    (2)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 child's individualized education program translated into the parent's native language.
     
    TAC §89.1045. Notice to Parents for Admission, Review, and Dismissal (ARD) Committee Meetings.
    (a) The LEA shall invite the parents and adult student to participate as members of the admission, review, and dismissal (ARD) committee by providing written notice in accordance with 34 Code of Federal Regulations (CFR), §§300.300, 300.322, and 300.503.
     
    (b) 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. The LEA must respond to the parent's request either by holding the requested meeting or by requesting assistance through the Texas Education Agency's mediation process. The district 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.

What We Do

  • Sending Prior Written Notice of the ARD
     
    1.  In order to ensure parents have an opportunity to attend the Annual ARD/IEP meeting, the secretary will send the written notice home.  Notice will be mailed home at least 2 weeks prior to the date of the ARD/IEP meeting.  
     
    2.  A second written copy will be sent to the tracking teacher with a date one week prior to the ARD to be sent home in the student's back pack.
     
    3.  The tracking teacher will call the parent for input on PLAAFPS and give a verbal reminder of the meeting.  This third contact will be documented in eSped on the Notice of ARD. 
     
    Note: Additional phones calls will be made as needed if parent requests to re-schedule the meeting.  Documentation of changes and cotacts to parent will be made in eSped. 
     
     
    Every attempt should be made to convince the parents that they should attend. If the parents are unable to attend, the campus must keep a record of its attempts to arrange a mutually agreed on time and place such as: a record of telephone calls made or attempted and the results of those calls; copies of correspondence sent to the parents and any responses received; and detailed records of visits made to the parent’s home or place of employment and the results of those visits.
     
    If the parent is unable to attend within the required time, an alternative means of meeting participation, such as conference calls may be used.
     
    Document all efforts to ensure parent participation in the deliberations section of the ARD/IEP meeting when a parent is not in attendance.
     

Additional Resources