2012 Change Documents ARD Process Guide & Notice of Procedural Safeguards

2012 ARD Guide & Procedural Safeguard Document Changes Revision Key: New Removed Moved to another location Moved from another location Color Code: Original text Revised text

Significant ARD Guide Changes p. 3Referral for a Full and Individual Evaluation Intellectual disabilities p. 3Prior Written Notice Must be provided regardless of whether parent agrees to the change or requested change p. 4Consent for Initial Evaluation Definition of Child Find p. 4Consent for Initial Provision of Services Consent for evaluation does not mean consent for initial provision of services at that time p. 6Independent 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. 8Excusing 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. 9Individualized Education Program Provides information about the model IEP form Reorganizes information from the IEP section on page 10. p. 11Annual Goals Refers to online SBIEP training through ESC-20 p. 11Statewide assessments Removed language about specific assessments and changed to broader terminology p. 12Supplemental Areas to be Addressed...Autism Reformatted paragraph into bulleted list p. 13Transition Aligned with requirement to implement transition planning activities at age 14 p. 14Graduation 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. 16Discipline 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. 19Confinement, Seclusion, Restraint, and Time Out Removed from the document p. 21Mediation Provided more detailed explanation describing the mediation process and that both parties must agree to work toward a solution p. 22Complaint Focuses complaint process on federal violations (not state) Complaint must be filed by individual, not a 3 rd party p. 22Due 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. 25Timeline: 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. 2Prior Written Notice PWN must be provided regardless of whether the parent agrees to the change or requested the change p. 2Parental 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. 4ARD Committee, Parent Participation, Frequency Removed sections p. 5Disagreements about the IEP, Student Transfers Removed sections p. 5Discipline Procedures Moved section related to the Referral to and Action by Law Enforcement and Judicial Authorities to page 8.

Procedural Safeguards Changes p. 8Confinement, Restraint and Time out Removed sections p. 8Referral 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. 9Educational Records Defines what is considered “personally identifiable information.” p. 11Texas Public Information Act Removed section p. 11Child Find, Children Ages 5-21, Children Ages 3 and 4 Removed sections

Procedural Safeguards Changes p. 14TEA Mediation Services Added a link to a current list of mediators p. 15Special Education Complaint Resolution Process Removed reference to the Parent Information hotline p. 18Resolution 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. 19The 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. 19Public Reimbursement for Private School Removed section