Authorities: 20 U.S.C. § 1414; 34 C.F.R. Part 300; The Texas Education Code; 19 T.A.C. Chapter 89
20 USC §1414(d)(1)(B)(i), 34 CFR part 300.322(a), 300.322(a)(1), 300.322(a)(2), 300.501(b)(1), 300.501(b)(2),300.501(b)(3), 19 TAC §89.1015, 89.1045(b)
The LEA must comply with the Prior Written Notice guidelines.
The LEA must take steps to ensure that the parent of a child with a disability is present at each ARD
committee meeting or is afforded the opportunity to participate including:
- Notifying the parent of the meeting early enough to ensure that they will have opportunity to attend; and
- Scheduling the meeting at a mutually agreed on time and place. A meeting does not include informal or unscheduled conversations involving LEA personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting does not include preparatory activities that LEA personnel engage in to develop a proposal or preparatory activities to develop a response to a parent proposal that will be discussed at a later meeting.
Other Methods to Ensure Parent Participation
34 CFR part 300.322(c), 300.328, 300.501(c)(3)
If neither parent can attend the ARD committee meeting, the LEA must use other methods to ensure parent participation:
- Such as individual telephone calls;
- Such as conference calls; or
- Such as video conferences as an alternative means of participation, if the LEA and parent agree.
Conducting an ARD Committee Meeting Without a Parent in Attendance
34 CFR part 300.322(d), 300.322(d)(1), 300.322(d)(2), 300.322(d)(3), 300.501(c)(4),19 TAC §89.1075(a)
The LEA may conduct an ARD committee meeting without a parent in attendance if unable to convince the Parent to attend.
The LEA must keep a record of its attempts to arrange a mutually agreed on time and place:
- Such as detailed records of telephone calls made or attempted and results of those calls;
- Such as copies of correspondence sent to the parents and any responses received; and
- Such as detailed records of visits made to the parent's home or place of employment and the results of those visits.
The LEA must keep documentation of notices consistent with the Special Education Eligibility folder guidelines.
Use of Interpreters
34 CFR, Part 300.322(e)
The LEA must take action to ensure that the Parent understands the proceedings of the ARD committee meeting:
- Including arranging for an interpreter for parents with deafness; or
- Including whose native language is other than English.
Parent Copy of the Child’s IEP
34 CFR, Part 300.322(f), Texas Education Code (TEC) §29.005(d), 29.005(d)(1), 29.005(d)(2)
The LEA must give the parent a copy of the child's IEP at no cost.
If the child's parent is unable to speak English:
- The LEA must:
- Provide the parent with a written or audio taped copy of the child's IEP translated into Spanish if Spanish is the parent's native language; or
- 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 IEP translated into the parent's native language.