CONSENT TO EXCUSE MEMBER FROM ATTENDING ARD COMMITTEE MEETING

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CONSENT TO EXCUSE MEMBER FROM ATTENDING ARD COMMITTEE MEETING

Authorities:  34 CFR Part 300; 19 TAC Chapter 89

 
 
 
  FEDERAL AND STATE REQUIREMENTS
Practice
The local educational agency (LEA) must comply with the PARENT and the ADULT STUDENT AND TRANSFER OF RIGHTS frameworks, as appropriate.
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The LEA must obtain informed consent from the parent before excusing a member from attending an admission, review, and dismissal (ARD) committee meeting, in whole or in part, as provided in the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEMBERSHIP framework. Citations:
300.321(e)(2)(i)
89.1050(c)(4)
 
ELEMENTS OF CONSENT FOR EXCUSAL
Practice
The informed consent that the LEA must obtain to excuse a member from attending an ARD committee meeting, in whole or in part, means: Citations:
300.9
300.321(e)
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  • The parent has been fully informed of all information relevant to the excusal of the member from attending the ARD meeting in the parent's native language or other mode of communication;
 Citations:
300.9(a)
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  • The parent understands and agrees in writing to the excusal of the ARD member from attending the ARD meeting in whole or in part;
 Citations:
300.9(b)
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  • The consent describes the excusal of the member from attending the ARD meeting;
 Citations:
300.9(b)
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  • The consent lists the records, if any, that will be released and to whom;
 Citations:
300.9(b)
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  • The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime; and
 Citations:
300.9(c)(1)
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  • If the parent revokes consent, that revocation is not retroactive; therefore, it does not negate an action that has occurred after the consent was given and before the consent was revoked.
 Citations:
300.9(c)(2)
  Last Updated : Wed, Apr 05, 2023