ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEETING

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ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEETING

Authorities: 34 CFR Part 300; Texas Education Code; 19 TAC Chapter 89

	FEDERAL AND STATE REQUIREMENTS
Practice	In general, at the beginning of each school year, the local education agency (LEA) must have in effect, for each child with a disability within its jurisdiction, an individualized education program (IEP). Citations: 300.323(a)
Practice	In the case of the child with a disability who transfers to a new LEA and enrolls in a new school within the same school year, the new LEA must comply with the CHILDREN WHO TRANSFER framework.
Practice	The LEA must provide the parent with written notice of an admission, review, and dismissal (ARD) committee meeting in compliance with the PARENT PARTICIPATION framework.
Practice	The LEA must comply with the PRIOR WRITTEN NOTICE framework.
Practice	The LEA that chooses to offer local IEP facilitation, which involves the use of a trained facilitator to assist an ARD committee in developing the IEP, must develop written policies and procedures consistent with state requirements and must provide the parent with information about the local IEP facilitation process when the Notice of Procedural Safeguards is provided. Citations: 89.1196 TEC 29.019
	INITIAL MEETING
Document	The ARD committee must make its decisions regarding the child's initial eligibility determination and, if appropriate, IEP and placement within 30 calendar days from the date of the completion of the written full individual and initial evaluation report unless one of the following situations applies: Citations: 89.1011(d)
Document	If the 30th day falls during the summer and school is not in session, the ARD committee has until the first day of classes in the fall to finalize its decisions, unless the initial evaluation indicates that the child will need EXTENDED SCHOOL YEAR SERVICES during that summer; or Citations: 89.1011(d)
Document	If the LEA received the written consent for the evaluation from the PARENT at least 35 but fewer than 45 school days before the last instructional day of the school year and the child was not absent from school three or more days between the time that the LEA received written consent and the last instructional day of the school year, the ARD committee must meet not later than the 15th school day of the following school year, unless the initial evaluation indicates that the child will need extended school year services during that summer. Citations: 89.1011(e)
Document	When one of the above situations applies and the initial evaluation indicates that the child will need extended school year services during the summer, the ARD committee must meet as expeditiously as possible. Citations: 89.1011(e)
Practice	For purposes of determining the timeline for an initial ARD committee meeting, school day does not include a day that falls after the last instructional day of the spring school term and before the first instructional day of the subsequent fall school term. Citations: 89.1011(g)
	DEVELOPING THE IEP
Practice	All members of the ARD committee must have the opportunity to participate in a collaborative manner in developing the IEP. Citations: 89.1050(g)
Practice	In developing each child's IEP, the ARD committee must consider: Citations: 300.324(a)(1)
Practice	The strengths of the child; Citations: 300.324(a)(1)(i)
Practice	The concerns of the parent for enhancing the education of the child; Citations: 300.324(a)(1)(ii)
Practice	The results of the initial evaluation or most recent evaluation of the child; and Citations: 300.324(a)(1)(iii)
Practice	The academic, developmental, and functional needs of the child. Citations: 300.324(a)(1)(iv)
Practice	All members of the ARD committee will have the opportunity to participate in a collaborative manner in developing the IEP. A decision of the ARD committee concerning required elements of the IEP will be made by mutual agreement if possible. The ARD committee may agree to an annual IEP or an IEP of shorter duration. Citations: 89.1050(g)
Practice	As soon as possible following development of the IEP, the LEA must ensure that special education and related services are made available to the child in accordance with the child's IEP. Citations: 300.323(c)(2)
	PERIODIC REVIEW AND REVISION OF THE IEP
Document	The ARD committee must review the child's IEP periodically, but not less frequently than annually, to determine whether the annual goals are being achieved. Citations: 300.324(b)(1)(i)
Document	If a behavior improvement plan (BIP) or a behavioral intervention plan is included as part of the child's IEP, the committee will review the BIP at least annually and more frequently if appropriate to address: Citations: TEC 29.005(h)
Practice	The placement of the child in a different educational setting; Citations: TEC 29.005(h)(1)(A)
Practice	An increase or persistence in disciplinary actions taken regarding the child for similar types of behavioral incidents; Citations: TEC 29.005(h)(1)(B)
Practice	A pattern of unexcused absences; Citations: TEC 29.005(h)(1)(C)
Practice	An unauthorized, unsupervised departure from an educational setting; or Citations: TEC 29.005(h)(1)(D)
Practice	The safety of the child or others. Citations: TEC 29.005(h)(2)
Practice	The ARD committee must revise the IEP as appropriate to address: Citations: 300.324(b)(1)(ii)
Practice	Any lack of expected progress toward the annual goals and in the general education curriculum, where appropriate; Citations: 300.324(b)(1)(ii)(A)
Practice	The results of any reevaluation; Citations: 300.324(b)(1)(ii)(B)
Practice	Information about the child provided to, or by the parent, in the REVIEW OF EXISTING EVALUATION DATA;
Practice	The child's anticipated needs; or Citations: 300.324(b)(1)(ii)(D)
Practice	Other matters. Citations: 300.324(b)(1)(ii)(E)
Practice	If a participating agency, other than the LEA, fails to provide the TRANSITION SERVICES described in the IEP, the LEA must reconvene the ARD committee to identify alternative strategies to meet the transition objectives for the child set out in the IEP. Citations: 300.324(c)(1)
Practice	To the extent possible, the LEA must encourage the consolidation of reevaluation meetings for the child and other ARD committee meetings for the child. Citations: 300.324(a)(5)
Practice	Changes to an IEP may be made by the entire ARD committee at an ARD committee meeting, or by amending the IEP in accordance with the AMENDMENT WITHOUT A MEETING framework. Citations: 300.324(a)(6)
	RECESSING AND RECONVENING A MEETING
Practice	A decision of the ARD committee concerning required elements of the IEP must be made by mutual agreement if possible. Citations: 89.1050(g) TEC 29.005(b)
Practice	When mutual agreement about all required elements of the IEP is not achieved, the parent who disagrees must be offered a single opportunity to recess and reconvene the ARD committee meeting. Citations: 89.1050(g)(1)
Practice	The period of time for reconvening the ARD committee meeting must not exceed 10 school days, unless the parties mutually agree otherwise. Citations: 89.1050(g)(1)
Practice	The ARD committee must schedule the reconvened meeting at a mutually agreed upon time and place. Citations: 89.1050(g)(1)
Practice	The opportunity to recess and reconvene is not required when the child's presence on the campus presents a danger of physical harm to the child or others or when the child has committed an expellable offense or an offense that may lead to a placement in a disciplinary alternative education program. Citations: 89.1050(g)(1)
Practice	During the recess, the ARD committee members must: Citations: 89.1050(g)(2)
Practice	Consider alternatives; Citations: 89.1050(g)(2)
Practice	Gather additional data; Citations: 89.1050(g)(2)
Practice	Prepare further documentation; and/or Citations: 89.1050(g)(2)
Practice	Obtain additional resource persons who may assist in enabling the ARD committee to reach mutual agreement. Citations: 89.1050(g)(2)
Practice	When an ARD committee agrees to recess and reconvene due to a lack of mutual agreement about one or more of the required elements of the IEP, the parent and the LEA may request an independent facilitator from the Texas Education Agency by completing and submitting the required form within 10 calendar days of the ARD committee meeting that ended in disagreement. Citations: 89.1197 TEC 29.020
Practice	If a recess is implemented and the ARD committee still cannot reach mutual agreement, the LEA must implement the IEP that it has determined to be appropriate for the child. Citations: 89.1050(g)(3)
Practice	The ARD committee may recess an ARD committee meeting for reasons other than the failure to reach mutual agreement about all required elements of an IEP. Citations: 89.1050(g)(1)
	MUTUAL AGREEMENT
Practice	The IEP must include: Citations: TEC 29.005(b-1) 89.1055(k)
Document	The date of the meeting; Citations: TEC 29.005(b-1)(1) 89.1055(k)(1)
Document	The name, position, and signature of each ARD committee member participating in the meeting; and Citations: TEC 29.005(b-1)(2) 89.1055(k)(2)
Document	An indication of whether the child's parents, the adult student, if applicable, and the administrator agreed or disagreed with the decisions of the ARD committee. Citations: TEC 29.005(b-1)(3) 89.1055(k)(3)
Practice	When mutual agreement is not reached: Citations: TEC 29.005(c) 89.1050(g)(4)
Document	A written statement of the basis for the disagreement must be included in the IEP; and Citations: TEC 29.005(c)
Practice	Each member, including the parent, who disagrees with the IEP developed by the ARD committee is entitled to include a statement of disagreement in the IEP. Citations: TEC 29.005(c) 89.1050(g)(4)
	PARENT REQUEST FOR AN ARD COMMITTEE MEETING
Practice	Upon receipt of a written request for an ARD committee meeting from the parent, the LEA must: Citations: 89.1050(e)
Document	Schedule and convene a meeting in compliance with the PARENT PARTICIPATION framework; or Citations: 89.1050(e)(1)
Document	Within five school days, provide the parent with written notice explaining why the LEA refuses to convene a meeting. Citations: 89.1050(e)(2)

Last Updated : Mon, Oct 16, 2023

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19 Texas Administrative Code § 89.1196. Individualized Education Program Facilitation.

(a)  For the purpose of this section and Texas Education Code, §29.019, individualized education program (IEP) facilitation refers to a method of alternative dispute resolution that involves the use of a trained facilitator to assist an admission, review, and dismissal (ARD) committee in developing an IEP for a student with a disability. The facilitator uses facilitation techniques to help the committee members communicate and collaborate effectively. While public education agencies are not required to offer IEP facilitation as an alternative dispute resolution method, the Texas Education Agency (TEA) encourages the use of IEP facilitation as described in this section.

(b)  A public education agency is not prohibited from incorporating elements of IEP facilitation into ARD committee meetings that are conducted without the assistance of a facilitator as described in this section. For example, a public education agency may provide training on communication skills, conflict management, or meeting effectiveness to individuals who participate in ARD committee meetings to enhance collaboration and efficiency in those meetings.

(c)  A public education agency that chooses to offer IEP facilitation under this section may determine whether to use independent contractors, employees, or other qualified individuals as facilitators. At a minimum, an individual who serves as a facilitator must:
(1)  have demonstrated knowledge of federal and state requirements relating to the provision of special education and related services to students with disabilities;
(2)  have demonstrated knowledge of and experience with the ARD committee meeting process;
(3)  have completed 18 hours of training in IEP facilitation, consensus building, and/or conflict resolution; and
(4)  complete continuing education as determined by the public education agency.

(d)  A public education agency that chooses to offer IEP facilitation under this section must ensure that:
(1)  participation is voluntary on the part of the parties;
(2)  the facilitation is provided at no cost to parents; and
(3)  the process is not used to deny or delay the right to pursue a special education complaint, mediation, or a due process hearing in accordance with Part B of the Individuals with Disabilities Education Act (IDEA) and this division.

(e)  A public education agency that chooses to offer IEP facilitation under this section must develop written policies and procedures that include:
(1)  the procedures for requesting facilitation;
(2)  facilitator qualifications, including whether facilitators are independent contractors, employees, or other qualified individuals;
(3)  the process for assigning a facilitator;
(4)  the continuing education requirements for facilitators; and
(5)  a method for evaluating the effectiveness of the facilitation services and the individual facilitators.

(f)  A public education agency that chooses to offer IEP facilitation under this section must provide parents with information about the process, including a description of the procedures for requesting IEP facilitation and information related to facilitator qualifications. This information must be included when a copy of the procedural safeguards notice under 34 Code of Federal Regulations (CFR), §300.504 is provided to parents, although this information may be provided as a separate document and may be provided in a written or electronic format.

(g)  A facilitator under this section must not be a member of the student's ARD committee, must not have any decision-making authority over the committee, and must remain impartial to the topics under discussion. The facilitator must assist with the overall organization and conduct of the ARD committee meeting by:
(1)  assisting the committee in establishing an agenda and setting the time allotted for the meeting;
(2)  assisting the committee in establishing a set of guidelines for the meeting;
(3)  guiding the discussion and keeping the focus on developing a mutually agreed upon IEP for the student;
(4)  ensuring that each committee member has an opportunity to participate;
(5)  helping to resolve disagreements that arise; and
(6)  helping to keep the ARD committee on task so that the meeting purposes can be accomplished within the time allotted for the meeting.

(h)  Promptly after being assigned to facilitate an ARD committee meeting, or within a timeline established under the public education agency's procedures, the facilitator must contact the parents and public education agency representative to clarify the issues, gather necessary information, and explain the IEP facilitation process.

(i)  A public education agency that chooses to offer IEP facilitation under this section must ensure that facilitators protect the confidentiality of personally identifiable information about the student and comply with the requirements in the Family Educational Rights and Privacy Act regulations, 34 CFR, Part 99, relating to the disclosure and redisclosure of personally identifiable information from a student's education record.

(j)  The TEA will develop information regarding IEP facilitation as an alternative dispute resolution method, and such information will be available upon request from the TEA and on the TEA website.

Last Amended: January 1, 2015, 39 TexReg 10446
Entered: Jan. 19, 2015
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19 Texas Administrative Code § 89.1197. State Individualized Education Program Facilitation.

(a)  In accordance with the Texas Education Code, §29.020, the Texas Education Agency (TEA) will establish a program that provides independent individualized education program (IEP) facilitators beginning with the 2014-2015 school year.

(b)  For the purpose of this section, IEP facilitation has the same general meaning as described in §89.1196(a) of this title (relating to Individualized Education Program Facilitation), except that state IEP facilitation is used when the admission, review, and dismissal (ARD) committee is in dispute about decisions relating to the provision of a free and appropriate public education to a student with a disability and the facilitator is an independent facilitator provided by the TEA.

(c)  A request for IEP facilitation under this section must be filed by completing a form developed by the TEA that is available upon request from the TEA and on the TEA website. The form must be filed with the TEA by one of the parties by electronic mail, mail, hand-delivery, or facsimile.

(d)  IEP facilitation under this section must be voluntary on the part of the parties and provided at no cost to the parties.

(e)  In order for the TEA to provide an independent facilitator, the following conditions must be met.
(1)  The required form must be completed and signed by both parties.
(2)  The dispute must relate to an ARD committee meeting in which mutual agreement about one or more of the required elements of the IEP was not reached and the parties have agreed to recess and reconvene the meeting in accordance with §89.1050(g) of this title (relating to The Admission, Review, and Dismissal Committee).
(3)  The request for IEP facilitation must have been filed within 10 calendar days of the ARD committee meeting that ended in disagreement, and a facilitator must be available on the date set for reconvening the meeting.
(4)  The dispute must not relate to a manifestation determination or determination of interim alternative educational setting under 34 Code of Federal Regulations (CFR), §300.530 or §300.531.
(5)  The same parties must not be concurrently involved in special education mediation under §89.1193 of this title (relating to Special Education Mediation).
(6)  The issues in dispute must not be the subject of a special education complaint under §89.1195 of this title (relating to Special Education Complaint Resolution) or a special education due process hearing under §89.1151 of this title (relating to Special Education Due Process Hearings) and §89.1165 of this title (relating to Request for Special Education Due Process Hearing).
(7)  The same parties must not have participated in IEP facilitation concerning the same student under this section within the same school year of the filing of the current request for IEP facilitation.

(f)  Within five business days of receipt of a request for an IEP facilitation under this section, the TEA will determine whether the conditions in subsections (c)-(e) of this section have been met and will notify the parties of its determination and the assignment of the independent facilitator, if applicable.

(g)  Notwithstanding subsections (b)-(e) of this section, if a special education due process hearing or complaint decision requires a public education agency to provide an independent facilitator to assist with an ARD committee meeting, the public education agency may request that the TEA assign an independent facilitator. Within five business days of receipt of a written request for IEP facilitation under this subsection, the TEA will notify the parties of its decision to assign or not assign an independent facilitator. If TEA declines the request to assign an independent facilitator, the public education agency must provide an independent facilitator at its own expense.

(h)  The TEA's decision not to provide an independent facilitator is final and not subject to review or appeal.

(i)  The independent facilitator assignment may be made based on a combination of factors, including, but not limited to, geographic location and availability. Once assigned, the independent facilitator must promptly contact the parties to clarify the issues, gather necessary information, and explain the IEP facilitation process.

(j)  The TEA will use a competitive solicitation method to seek independent facilitation services, and the contracts with independent facilitators will be developed and managed in accordance with the TEA's contracting practices and procedures.

(k)  At a minimum, an individual who serves as an independent facilitator under this section:
(1)  must have demonstrated knowledge of federal and state requirements relating to the provision of special education and related services to students with disabilities;
(2)  must have demonstrated knowledge of and experience with the ARD committee meeting process;
(3)  must have completed 18 hours or more of training in IEP facilitation, consensus building, and/or conflict resolution as specified in the TEA's competitive solicitation;
(4)  must complete continuing education as determined by the TEA;
(5)  may not be an employee of the TEA or the public education agency that the student attends; and
(6)  may not have a personal or professional interest that conflicts with his or her impartiality.

(l)  An individual is not an employee of the TEA solely because the individual is paid by the TEA to serve as an independent facilitator.

(m)  An independent facilitator must not be a member of the student's ARD committee, must not have any decision-making authority, and must remain impartial to the topics under discussion. The independent facilitator must assist with the overall organization and conduct of the ARD committee meeting by:
(1)  assisting the committee in establishing an agenda and setting the time allotted for the meeting;
(2)  assisting the committee in establishing a set of guidelines for the meeting;
(3)  guiding the discussion and keeping the focus on developing a mutually agreed upon IEP for the student;
(4)  ensuring that each committee member has an opportunity to participate;
(5)  helping to resolve disagreements that arise; and
(6)  helping to keep the ARD committee on task so that the meeting purposes can be accomplished within the time allotted for the meeting.

(n)  An independent facilitator must protect the confidentiality of personally identifiable information about the student and comply with the requirements in the Family Educational Rights and Privacy Act regulations, 34 CFR, Part 99, relating to the disclosure and redisclosure of personally identifiable information from a student's education record.

(o)  The TEA will develop surveys to evaluate the IEP facilitation program and the independent facilitators and will request that parties who participate in the program complete the surveys.

Last Amended: March 14, 2021, 46 TexReg 1446
Entered: October 18, 2021
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