2012 Change Documents ARD Process Guide & Notice of Procedural Safeguards
2012 ARD Guide & Procedural Safeguard Document Changes Color Code: Original text Revised text Revision Key: New Removed Moved to another location Moved from another location
Significant ARD Guide Changes p. 3 Referral for a Full and Individual Evaluation • Intellectual disabilities p. 3 Prior Written Notice • Must be provided regardless of whether parent agrees to the change or requested change p. 4 Consent for Initial Evaluation • Definition of Child Find p. 4 Consent for Initial Provision of Services • Consent for evaluation does not mean consent for initial provision of services at that time p. 6 Independent Educational Evaluation • If district requests a due process hearing and the hearing officer deems the evaluation appropriate, the parents may still initiate an IEE at their own expense. Information in the IEE report must be consider by the ARDC if it meets school criteria. p. 8 Excusing Members of the ARDC from Attending • Added “the person who can interpret the instructional implications of the evaluation results” to the list
Significant ARD Guide Changes p. 9 Individualized Education Program • Provides information about the model IEP form • Reorganizes information from the IEP section on page 10. p. 11 Annual Goals • Refers to online SBIEP training through ESC-20 p. 11 Statewide assessments • Removed language about specific assessments and changed to broader terminology p. 12 Supplemental Areas to be Addressed...Autism • Reformatted paragraph into bulleted list p. 13 Transition • Aligned with requirement to implement transition planning activities at age 14 p. 14 Graduation • Describes in detail the four ways a student receiving special education services can graduate • Describes course substitution options for PE credit when the ARDC determines the child is unable to participate in physical activity due to illness or disability.
Significant ARD Guide Changes p. 16 Discipline • Combined sections related to disciplinary removals • Clarified short-term removals for 10 consecutive days or less and cumulative removals of 10 days or more p. 19 Confinement, Seclusion, Restraint, and Time Out • Removed from the document p. 21 Mediation • Provided more detailed explanation describing the mediation process and that both parties must agree to work toward a solution p. 22 Complaint • Focuses complaint process on federal violations (not state) • Complaint must be filed by individual, not a 3rd party p. 22 Due Process Hearing • Defines due process as a way to resolve disagreements related to the identification, evaluation, educational placement, or provision of FAPE. • Provides link to information about the due process hearing program and deletes sections related to the resolution period and due process hearing procedures (pp.23-24).
Significant ARD Guide Changes p. 25 Timeline: Child-Centered Educational Process • Prior Written Notice: Notification 5 school days before implementing ARD/IEP (initial, transfer, annual, dismissal/graduation), less time with a signed waiver • Prior Written Notice: Notification 5 school days before evaluation, less time with signed waiver
Procedural Safeguards Changes p. 1Procedural Safeguards in Special Education • Added the role of the ARD committee p. 2 Prior Written Notice • PWN must be provided regardless of whether the parent agrees to the change or requested the change p. 2 Parental Consent • Consent must describe the activity and list any records that will be released and to whom. • LEA must maintain documentation (record) of reasonable efforts to obtain consent to provide special education and related services, to complete a reevaluation, and to locate the parents of wards of the state for initial evaluations. p. 4 ARD Committee, Parent Participation, Frequency • Removed sections p. 5 Disagreements about the IEP, Student Transfers • Removed sections p. 5 Discipline Procedures • Moved section related to the Referral to and Action by Law Enforcement and Judicial Authorities to page 8.
Procedural Safeguards Changes p. 8 Confinement, Restraint and Time out • Removed sections p. 8 Referral to and Action by Law Enforcement & Judicial… • Added “IDEA does not prohibit a school from reporting a crime committed by a SWD to authorities or prevent law enforcement/judicial authorities from exercising their responsibilities related to the application of state and federal laws. • Moved section related to sharing copies of special education and disciplinary records for consideration by authorities when the school reports a crime committed by a SWD. (Records may be transmitted only to the extent permitted by FERPA.) p. 9 Educational Records • Defines what is considered “personally identifiable information.” p. 11 Texas Public Information Act • Removed section p. 11 Child Find, Children Ages 5-21, Children Ages 3 and 4 Removed sections
Procedural Safeguards Changes p. 14 TEA Mediation Services • Added a link to a current list of mediators p. 15 Special Education Complaint Resolution Process • Removed reference to the Parent Information hotline p. 18 Resolution Meeting in Expedited Hearings • Resolution meetings are normally conducted within 15 calendar days of receiving the complaint notice. Expedited resolution meetings must be held within 7 calendar days. • Parents have the right to a hearing if the school does not resolve the complaint to their satisfaction within 15 calendar days. If parents do not participate, the school may request the complaint be dismissed if there is documentation of reasonable attempts to get parental participation. p. 19 The Decision [hearing officer] • A final decision must be reached in an expedited hearing within 10 school days from the date of the hearing or within 45 calendar days from the date the hearing was requested, whichever is sooner. p. 19 Public Reimbursement for Private School • Removed section