1. Special Education Workshop August 9, 2012 Conducting a Legally Defensible ARD ARD Minutes Things You Never Want to Hear at an ARD

2. Things You Should Never Hear (or say) in an ARD

3. Things You Should Never Hear in an ARD We dont have the money for that. Says to parents that their child isnt worth it. Cost or convenience good reason to reject a request Focus on why the service, device, or accommodation is needed. Identify whats appropriate and pick from those. Data is needed to document educational need for the request.

4. Things You Should Never Hear in an ARD This is not fair! What about the other 22 kids in class? IDEA is not designed to be fair – just the opposite! IDEA sets up unique rights for students with disabilities. Its not fair for kids to have disabilities We must follow the law even if it is unfair.

5. Things You Should Never Hear in an ARD What IEP? Nobody ever told me about an IEP? Not much effort is spent to confirm services are provided. IEP & 504 plans are more difficult to implement as kids get older. HS staff may want kids to self-help to remove responsibility from teachers. I dont know how hes doing in Math, I only see him in English.

6. Things You Should Never Hear in an ARD ED students – you cant do nothing with them! If their programs are planned and implemented properly, all students can obtain academic and behavioral progress. If they arent progressing on their IEPs, then the IEPs need to be adjusted.

7. Things You Should Never Hear in an ARD I know hes not dyslexic, but hes failing STAAR, so get him the dyslexia bundle. If it doesnt take effort or time, if it doesnt cost anything, and if its not fattening, then its probably against the law. We keep looking for short-cuts to student performance. Throwing services at kids doesnt get them real help. The best answer to prevent these issues is early intervention.

8. Things You Should Never Hear in an ARD We already decided that in the staffing and were not changing it. By law, there can be no predetermination. The parent must have meaningful participation in the ARD process. The ARD committee must consider any request – no matter how ridiculous.

9. Things You Should Never Hear in an ARD Everybody gets four hours of homebound. As a general rule is good, vs. the rule which is bad. Special education is designed to provide services to generate educational benefit and progress. Hard, fast rules are problematic and are not based on law. We no longer do resource is a dangerous statement. Policy cannot deny services needed by students.

10. Things You Should Never Hear in an ARD No matter what federal law says, we expel for that. Besides, hes SI only! Wrong! Federal law pre-empts state law. A student who is SI only receives all discipline procedures. If youre in the family, youre in the family!

11. Things You Should Never Hear in an ARD Dont bring him back to school until hes medicated. If youre going to do something stupid and illegal, dont do it on paper. Parents make educational, religious, and medical decisions for a child, with the exception of abuse or neglect. School duties under IDEA are not contingent on the child being medicated. The issue is meds as a solution vs. potential side effects.

12. Things You Should Never Hear in an ARD Does he have modifications in my classroom? Theyre just a crutch. I implement only as needed. Students need modifications to receive FAPE. Teachers are obligated by law to implement modifications as specified in the IEP. Modifications and accommodations are not optional. The phrase as needed should never appear in an ARD document.

13. Questions

14. Sources Ensuring a Legally Defensible ARD Committee Meeting. (2007). Presentation by Nona Matthews from Walsh Anderson and Associates. ARD Minutes: Your Best Friend, or Your Worst Enemy (2005). Presentation by Denise Anderson from Walsh Anderson and Associates. Notes taken from the General Session at the TCASE Legal Academy on special Education Law held in Arlington on November 9, 2010, as presented by the Two Daves: David Hodgins with Thompson & Horton, LLP and David Richards with Richards Lindsay & Martin, LLP