ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEMBERSHIP

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ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEMBERSHIP

Authorities: 34 CFR Part 300; Texas Education Code; Texas Government Code; 19 TAC Chapters 75 and 89

	FEDERAL AND STATE REQUIREMENTS
Document	The admission, review, and dismissal (ARD) committee as described in the RULE OF CONSTRUCTION framework must include the following: Citations: 89.1050(c)
Document	The parents of the child with a disability; Citations: 89.1050(c)(1)(A) 300.321(a)(1)
Document	Not less than one regular education teacher of the child who must, to the extent practicable, be a teacher who is responsible for implementing a portion of the child's individualized education program (IEP) if the child is, or may be, participating in the regular education environment; Citations: 89.1050(c)(1)(B) TEC 29.005(a) 300.321(a)(2)
Document	Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child; Citations: 89.1050(c)(1)(C) 300.321(a)(3)
Document	A representative of the local education agency (LEA) who: Citations: 89.1050(c)(1)(D) 300.321(a)(4)
Practice	Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; Citations: 89.1050(c)(1)(D)(i) 300.321(a)(4)(i)
Practice	Is knowledgeable about the general education curriculum; and Citations: 89.1050(c)(1)(D)(ii) 300.321(a)(4)(ii)
Practice	Is knowledgeable about the availability of resources of the LEA; Citations: 89.1050(c)(1)(D)(iii) 300.321(a)(4)(iii)
Document	At the discretion of the parent or the LEA, other discretionary members or individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; Citations: 89.1050(c)(1)(F) 300.321(a)(6)
Document	An individual who can interpret the instructional implications of evaluation results, who may be the regular education teacher, special education teacher or provider, an LEA representative, or a discretionary member on the ARD committee; Citations: 89.1050(c)(1)(E) 89.1050(c)(1)(B) 89.1050(c)(1)(C) 89.1050(c)(1)(D) 89.1050(c)(1)(F) 300.321(a)(5)
Document	The child with a disability, whenever appropriate, including: Citations: 89.1050(c)(1)(G) 300.321(a)(7)
Practice	When a purpose of the meeting will be the consideration of the postsecondary goals for the child and the TRANSITION SERVICES needed to assist the child in reaching those goals; Citations: 300.321(b)(1)
Document	To the extent appropriate, with the consent of the parents or adult student, a representative of any participating agency that is likely to be responsible for providing or paying for transition services; Citations: 89.1050(c)(1)(H) 300.321(b)(3)
Document	At least one member with specific knowledge regarding the reading process, dyslexia and related disorders, and dyslexia instruction, when the ARD committee convenes to consider a student's eligibility for special education and related services due to dyslexia; Citations: TEC 29.0031(a) TEC 29.0031(b)
Practice	The member with specific knowledge regarding the reading process, dyslexia and related disorders must: Citations: TEC 29.0031(b)(1)
Practice	Hold a licensed dyslexia therapist license; Citations: TEC 29.0031(b)(1)
Practice	Hold the most advanced dyslexia-related certification issued by an association recognized by the State Board of Education (SBOE), and identified in, or substantially similar to an association; or Citations: TEC 29.0031(b)(2)
Practice	If a member is not available with those credentials, the multidisciplinary evaluation team must include a member who meets the applicable training requirements adopted by the SBOE. Citations: TEC 29.0031(b)(3)
Document	The member of the multidisciplinary evaluation team with specific knowledge regarding the reading process, dyslexia and related disorders, and dyslexia instruction must sign a document describing the member's participation in the evaluation of the child. Citations: TEC 29.0031(c)
Document	A representative from career and technical education (CTE), preferably the teacher, when considering initial or continued placement of the child in CTE; Citations: 89.1050(c)(1)(I) 75.1023(d)(1)
Document	A professional staff member who is on the language proficiency assessment committee who may be the regular education teacher or the special education teacher on the ARD committee, if the child is identified as an English language learner; Citations: 89.1050(c)(1)(J) 89.1050(c)(1)(B) 89.1050(c)(1)(C)
Document	In the case of the child with a suspected or documented visual impairment, a teacher who is certified in the education of children with visual impairments; Citations: 89.1050(c)(3)(A)
Document	In the case of the child who is suspected to be deaf or hard of hearing, a teacher who is certified in the education of children who are deaf or hard of hearing; Citations: 89.1050(c)(3)(B) TGC 392.002
Document	In the case of the child with suspected or documented deaf-blindness, a teacher who is certified in the education of children with visual impairments and a teacher who is certified in the education of children who are deaf or hard of hearing; Citations: 89.1050(c)(3)(C) TGC 392.002
Document	In the case of the child who was previously served under the Early Childhood Intervention (ECI) program, at the request of the parent, by invitation to the initial ARD committee meeting, the ECI service coordinator or other representatives of the ECI system; and Citations: 300.321(f)
Document	In the case of an ARD committee meeting convened to discuss the expulsion and discretionary placement in the Juvenile Justice Alternative Education Program (JJAEP) of a child with a disability in a county with a JJAEP, for an offense for which a school district may expel a child and discretionarily place the child in JJAEP, a local school district must invite the administrator of the JJAEP or the administrator's designee, including: Citations: 89.1052 TEC 37.007(b) TEC 37.007(c) TEC 37.007(d) TEC 37.007(f)
Document	The school district must provide written notice of the meeting at least five school days before the meeting or a shorter timeframe agreed to by the child's parents; Citations: 89.1052(b)
Document	A copy of the child's current IEP must be provided to the JJAEP representative with the notice; Citations: 89.1052(b)
Practice	If the JJAEP representative is unable to attend the ARD committee meeting, the representative must be given the opportunity to participate in the meeting through alternative means, including conference telephone calls; and Citations: 89.1052(b)
Practice	The JJAEP representative may participate in the meeting to the extent that the meeting relates to the child's placement in the JJAEP and implementation of the child's current IEP in the JJAEP. Citations: 89.1052(b)
Document	The special education teacher or special education provider that participates in the ARD committee meeting must be appropriately certified or licensed. Citations: 89.1050(c)(2) 300.156(c)
	ADULT STUDENT AND PARENT ATTENDANCE AT THE ARD COMMITTEE MEETING FOLLOWING A TRANSFER OF RIGHTS
Practice	The ARD committee as described in the RULE OF CONSTRUCTION framework must include an adult student following a transfer of rights. Citations: 300.520(a)
Practice	The adult student or LEA may invite individuals who have knowledge or special expertise regarding the adult student, including the parent, to be a member of the ARD committee. Citations: 89.1049(d)
	ATTENDANCE AND EXCUSAL FROM MEETINGS
Document	An ARD committee member is not required to attend an ARD committee meeting, in whole or in part, if the parent and the LEA agree in writing that the member's attendance is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting. Citations: 89.1050(c)(4) 300.321(e)(1)
Practice	When an ARD committee member's area of the curriculum or related services is being modified or discussed in the ARD committee meeting, the member may be excused from attending the meeting, in whole or in part, if: Citations: 89.1050(c)(4) 75.1023(d)(1) 300.321(e)(2)
Document	The parent, in writing, and the LEA consent to the excusal in accordance with the CONSENT TO EXCUSE MEMBER FROM ATTENDING ARD COMMITTEE MEETING framework; and Citations: 89.1050(c)(4) 300.321(e)(2)(i)
Document	The member submits, in writing, to the parent and the ARD committee, input into the development of the IEP prior to the meeting. Citations: 89.1050(c)(4) 300.321(e)(2)(ii)
Practice	The excusal requirements do not apply to the following ARD committee members: Citations: 89.1050(c)(4) 300.321(e)(1) 300.321(e)(2)
Practice	The parent; Citations: 89.1050(c)(4) 300.321(e)(1) 300.321(e)(2)
Practice	The child with a disability; Citations: 89.1050(c)(4) 300.321(e)(1) 300.321(e)(2)
Practice	An adult student following a transfer of rights; and Citations: 300.520(a)
Practice	A discretionary member. Citations: 89.1050(c)(4) 300.321(e)(1) 300.321(e)(2)

Last Updated : Wed, Mar 27, 2024

Name	Last Updated On

Name	Last Updated On

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.
. . .
(c)  ARD committee membership.
(1)  ARD committees must include the following:
(A)  the parents of the student;
(B)  not less than one regular education teacher of the student (if the student is, or may be, participating in the regular education environment);
(C)  not less than one special education teacher of the student, or where appropriate, not less than one special education provider of the student;
(D)  a representative of the school district who:
(i)  is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of students with disabilities;
(ii)  is knowledgeable about the general education curriculum; and
(iii)  is knowledgeable about the availability of resources of the school district;
(E)  an individual who can interpret the instructional implications of evaluation results, who may be a member of the committee described in subparagraphs (B)-(D) and (F) of this paragraph;
(F)  at the discretion of the parent or the school district, other individuals who have knowledge or special expertise regarding the student, including related services personnel, as appropriate;
(G)  whenever appropriate, the student with a disability;
(H)  to the extent appropriate, with the consent of the parents or a student who has reached the age of majority, a representative of any participating agency that is likely to be responsible for providing or paying for transition services;
(I)  a representative from career and technical education (CTE), preferably the teacher, when considering initial or continued placement of a student in CTE; and
(J)  a professional staff member who is on the language proficiency assessment committee who may be a member of the committee described in subparagraphs (B) and (C) of this paragraph, if the student is identified as an English language learner.
(2)  The special education teacher or special education provider that participates in the ARD committee meeting must be appropriately certified or licensed as required by 34 CFR, §300.18 and §300.156.
(3)  If the student is:
(A)  a student with a suspected or documented visual impairment, the ARD committee must include a teacher who is certified in the education of students with visual impairments;
(B)  a student who is suspected to be deaf or hard of hearing, the ARD committee must include a teacher who is certified in the education of students with who are deaf or hard of hearing; or
(C)  a student with suspected or documented deaf-blindness, the ARD committee must include a teacher who is certified in the education of students with visual impairments and a teacher who is certified in the education of students who are deaf or hard of hearing.
(4)  An ARD committee member is not required to attend an ARD committee meeting if the conditions of either 34 CFR, §300.321(e)(1), regarding attendance, or 34 CFR, §300.321(e)(2), regarding excusal, have been met.
. . .

Last Amended: October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

19 Texas Administrative Code § 89.1052. Discretionary Placements in Juvenile Justice Alternative Education Programs.

(a) This section applies only to the expulsion of a student with a disability under:
(1) Texas Education Code (TEC), §37.007(b), (c), or (f); or
(2) TEC, §37.007(d), as a result of conduct that contains the elements of any offense listed in TEC, §37.007(b)(2)(C), against any employee or volunteer in retaliation for or as a result of the person's employment or association with a school district.

(b) In a county with a Juvenile Justice Alternative Education Program (JJAEP), a local school district must invite the administrator of the JJAEP or the administrator's designee to an admission, review, and dismissal (ARD) committee meeting convened to discuss the expulsion of a student with a disability under one of the provisions listed in subsection (a) of this section, relating to offenses for which a school district may expel a student. The school district must provide written notice of the meeting at least five school days before the meeting or a shorter timeframe agreed to by the student's parents. A copy of the student's current individualized education program (IEP) must be provided to the JJAEP representative with the notice. If the JJAEP representative is unable to attend the ARD committee meeting, the representative must be given the opportunity to participate in the meeting through alternative means , including conference telephone calls. The JJAEP representative may participate in the meeting to the extent that the meeting relates to the student's placement in the JJAEP and implementation of the student's current IEP in the JJAEP.

(c) For a student with a disability who was expelled under one of the provisions listed in subsection (a) of this section and placed in the JJAEP , an ARD committee meeting must be convened to reconsider placement of the student in the JJAEP if the JJAEP provides written notice to the school district of specific concerns that the student's educational or behavioral needs cannot be met in the JJAEP. The school district must invite the JJAEP administrator or the administrator's designee to the meeting and must provide written notice of the meeting at least five school days before the meeting or a shorter timeframe agreed to by the student's parents. If the JJAEP representative is unable to attend the ARD committee meeting, the representative must be given the opportunity to participate in the meeting through alternative means, including conference telephone calls. The JJAEP representative may participate in the meeting to the extent that the meeting relates to the student's continued placement in the JJAEP.

Last Amended: December 2, 2015, 40 TexReg 8642
Entered: December 8, 2015
SBS

Texas Education Code § 37.007. Expulsion for Serious Offenses.

. . .
(b) A student may be expelled if the student:
(1) engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Section 42.06, Penal Code, or terroristic threat under Section 22.07, Penal Code;
(2) while on or within 300 feet of school property, as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property:
(A) sells, gives, or delivers to another person or possesses, uses, or is under the influence of any amount of:
(i) marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;
(ii) a dangerous drug, as defined by Chapter 483, Health and Safety Code; or
(iii) an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code;
(B) engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under Sections 485.031 through 485.034, Health and Safety Code;
(C) engages in conduct that contains the elements of an offense under Section 22.01(a)(1), Penal Code, against a school district employee or a volunteer as defined by Section 22.053; or
(D) engages in conduct that contains the elements of the offense of deadly conduct under Section 22.05, Penal Code;
(3) subject to Subsection (d), while within 300 feet of school property, as measured from any point on the school's real property boundary line:
(A) engages in conduct specified by Subsection (a); or
(B) possesses a firearm, as defined by 18 U.S.C. Section 921;
(4) engages in conduct that contains the elements of any offense listed in Subsection (a)(2)(A) or (C) or the offense of aggravated robbery under Section 29.03, Penal Code, against another student, without regard to whether the conduct occurs on or off of school property or while attending a school-sponsored or school-related activity on or off of school property; or
(5) engages in conduct that contains the elements of the offense of breach of computer security under Section 33.02, Penal Code, if:
(A) the conduct involves accessing a computer, computer network, or computer system owned by or operated on behalf of a school district; and
(B) the student knowingly:
(i) alters, damages, or deletes school district property or information; or
(ii) commits a breach of any other computer, computer network, or computer system.
. . .

Last Amended: 84th Leg., R.S., Ch. 1267 (S.B. 107), Sec.3, eff. June 20, 2015
Entered: July 1, 2015