do’s and dont’s for the ard committee in meeting to consider …s... · 2018-04-16 · 6/1/2017...

Do’s and Dont’s for the ARD Committee in Meeting to Consider and Develop an

IEP

Dianna Bowen and Geneva Taylor, Thompson & Horton, LLP

6/1/2017

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Do’sandDon’tsfortheARDCommitteeinMeetingtoConsiderandDevelopanIEP

TCASE Interactive Convention

Austin – July 2017 Presented by:Dianna D. BowenGeneva L. Taylor

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PREPARATIONDO:

• Prepare sufficient notice • Staff and communicate• Review new evaluations with parents before meeting• Give parents previews of major topics of discussion and potential changes

• Gather real evidence of progress in all areas• Gather real evidence of implementation • Review non‐academic areas, including behavior, social development and attendance – talk to Assistant Principal and teachers

• Invite and include all essential members• Get parent’s written consent if a member will not attend or will participate telephonically

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PREPARATION(con’t.)

DO NOT:

• DO NOT fill out all ARD paperwork prior to the meeting

• DO NOT predetermine results

• DO NOT "force" staff to agree

• DO NOT over‐populate ARDs

• DO NOT send out clever e‐mails

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NOTICE

DO:

• Send 5 school days prior to ARD meeting

• Prepare in a way that communicates what will happen –purpose of the meeting

• Do think outside of the boxes

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NOTICE(con’t.)

DO NOT:

• Forget to add your attorney if heor she is going to attend themeeting

• Forget to have parent sign the 5‐day notice waiver, if applicable

• Forget to include to markessential boxes such as transition

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FIRSTFEWMINUTESOFTHEARD

DO:

• Identify consensus members

• Establish an agenda

• Set all expectations (ground rules,civility requirement, ending time, etc.)

• Listen and document to parents'issues* Do not forget to document the district’s

response.

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FIRSTFEWMINUTESOFTHEARD

DO NOT:

• Start late

• Lie in wait

• Refuse to listen to the parent or refuse to respond to parents’ request or concerns

• Refuse to let the parent see or touch the ARD paperwork

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DURINGTHEMEETING

DO:• Review Progress

• Work Portfolio• STARR scores/ITBS scores• Other Standardized grades

• Review Behavior• Conduct grades• AP's/Discipline file• BIP• Teacher documentation

• Review other factors• Poor attendance

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DURINGTHEMEETING(con’t.)

DO:• Advocate For Your Programs

• Empower staff to explain the available programs and whythe offered program will provide FAPE

• Respond To Parents’ Request• “I understand you are requesting dolphin therapy to assistwith sensory needs. We can address Susie’s sensory needsby….”

• Focus on Student needs ‐ not LEA resources• Be Specific:

• Identify the student’s strengths, needs, weaknesses inenough detail so parents can be informed decision‐makers

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DO NOT SAY:

• “We don’t provide…”

• "We don't have that program…."

• "That is too expensive…"

• "That program is not for children with this label…"

• "You have to be identified as autism to get…"

• "No matter what the federal law says, we expel forthat…"

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DO:• Listen to the parents

• Ask questions

• Make a formal offer of FAPE

DO NOT:• Give in if the request is educationally inappropriate

• Allow consensus members to leave without the parent'swritten consent.

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MODIFICATIONS

DO:

• Have a rationale and purpose

• Note frequency or triggering event of misbehavior

• Consider grade level changes

• If you write them, DO THEM

• Set date to begin

• Duration

• Frequency

• Location

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MODIFICATIONS(con’t.)

DO NOT:• Write "As Needed"…

• Check each modification for each class

• Check each one of last year's modifications

• Check a modification only because the parentrequests it

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MINUTES

DO:• Have a separate note taker

• Document if the meeting is tape recorded and if therecording stops or has technical difficulty

• Take the time to re‐read and correct

• Include the District’s response to parents’ comments orrequest

• Have the parents sign off

• DO NOT ALTER A DOCUMENT AFTER THE FACT

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ADDENDUMS/SUPPLEMENTS

DO:• Allow parent to attached written disagreement

• Do attach correct supplements for:

• ESY• Autism• Refusal of Services• Transition Services

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ADDENDUMS/SUPPLEMENTS(con’t.)

DO NOT:• Forget to attach the appropriate supplements

• Forget to number the supplements with the ARDdocuments

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EXTENDEDSCHOOLYEAR

DO:• Document purpose

• Specify IEP's to be worked on

DO NOT:• Include ESY unless regression is documentedor loss of critical skills

• Fail to explain why ESY is not necessary

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STATEMENTSTOINCLUDE

DO:• Inform child of rights one year before age ofmajority

• State how the child's progress will be measured

• State how the parents will be informed of IEPprogress

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STATEMENTSTOINCLUDE(con’t.)

DO NOT:• Forget to give the parent their proceduralsafeguards annually, upon initial referral, uponfiling of a complaint, or upon the request of theparent.

• Allow anyone to sign the ARD if they were notpresent.

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AFTERTHEARD

DO:• Follow‐up/do what you promised

• Give every teacher and service provider copies ofthe entire ARD paperwork (and other documents ifappropriate)

• Give BIP (and other relevant documents) toAdministrators

• Update IEPs• Monitor & document progress

• CALL an ARD if something is not working

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AFTERTHEARD(con’t.)

DO NOT:• Alter the paperwork without written consent ofthe parent

• Forget 10 days recess offer

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Letterman’s Top Ten List…

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TOP 10 PRACTICES TO AVOID

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PRACTICESTOAVOIDA

FAILING TO MAKE AN OFFER OF PLACEMENT AND SERVICES

ORMAKING MORE THAN ONE

OFFER/CONTRADICTORY OFFERS OF PLACEMENT AND SERVICES

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Student v.DistrictofColumbiaPublicSchools110LRP56651(2009)

• During a March 17, 2009 IEP meeting the teamdetermined that student’s hours of specializedinstruction needed to be increased.

• “…the team failed to accurately create a new IEP forStudent at that time because the team did not have orcould not obtain access to the School District’s newcomputerized IEP software program.

• IEP Team met again on May 8, 2009 but told parent theywere still waiting on the access code to the IEP software.

• Hearing Officer concluded that District of ColumbiaPublic Schools failed to provide an appropriate IEP.

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ICPRACTICESTOAVOIDAID

FAILING TO BE ORGANIZED AND PREPARED FOR THE IEP

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BeaumontIndependentSchoolDistrictTexasStateEducationalAgency(2013)

114LRP5846

District created four versions of the student’s FIE with differentfindings:

1. May 24, 2013 ‐Moderate articulation deficits

2. May 28, 2013 ‐Mild articulation deficits

3. May 24, 2013 ‐Mild articulation deficits

4. May 24, 2013 ‐Moderate articulation deficits

Three versions of the IEP were created by a computerized IEPprogram resulted in a denial of parent participation – aprocedural violation.

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FAILING TO ADDRESS ALL OF THE AREAS OF NEED

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Studentv.HoustonISDTEADocketNo.131‐SE‐0213(2013)

• HISD assessed and appropriately determined student’sreading needs and provided goals and services.

• “IEP did not, however, address Student’s behavioral oremotional needs at all.” No behavior goals, BSP, behaviormanagement system, counseling, social skills.

• FBA recommended continuation of counseling andbehavior intervention and ARD deliberation reflectsintent to continue behavior management system.

• Not added to IEP

• When reading instruction was reduced Student’sbehaviors increased. Resource teacher stated he wasunable to focus on academic tasks because of hisbehavior and emotional state.

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OFFERING AN OPEN RANGE OF SERVICES OR FREQUENCY

“individual and/or group”

“30‐45 Minutes”

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VolusiaCountySchoolDistrictFloridaStateEducationalAgency

114LRP46889 (2014)

The student's IEP dated November 18, 2013, indicated thatlanguage and OT would be provided to the student "one tothree times per week" in the school for the duration of theIEP beginning November 18, 2013. No explanation wasprovided on the IEP or in the conference notes to describewhat criteria would be used to determine if the servicewould be provided one, two, or three times during aparticular week.

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NOT INVITING AND/OR PROPERLY EXCUSING ALL TEAM MEMBERS

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Studentv.Cadwell ISDTEADocketNo.:058‐SE‐1110(2011)

• The school’s correspondence reflected theSuperintendent efforts to “second‐guess theCommittee’s decision” regarding VI software.

• Correspondence and testimony of VI teacher showedthat Superintendent made the unilateral decision.

• Superintendent was invited to ARD meeting but declined.

• Superintendent was the decision‐maker and a requiredteam member.

• Parents were denied participation because the ARDC andparents could not question Superintendent on theunilateral decision she made.

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FAILING TO RESPOND TO PARENTS CONCERNS OR REQUEST

AND/OR

FAILING TO DOCUMENT THE DISTRICT’S RESPONSE

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Deliberationpage…

…SLP reviewed report and proposedgoals. Parent said private speechprovider told her to ask about gettingan iPad with proloquo2go and amotivator timer.

Math teacher reported student is ableto multiply two‐digit numbers up to ….

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LETTING PARENTS CHOOSE THEIR CHILD’S PLACEMENT OR SERVICES

• Avoid giving into a parent’s inappropriate demands madethrough tears, aggression or parent advocate demands.

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I know you have a contract with SylvanLearning Center because sent my friendsson there on a settlement agreement. I canget a lawyer too you know.

I don’t know why you are being so mean tous? All we are asking is for 50 hours a weekof in‐home ABA programming for a poorlittle boy with autism. How could you be socruel. Don’t you care about kids.

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AndtheAdvocate/AttorneySays….

Clearly, you don’t know the law. You arerequired by the IDEA, ADA, Section 504,Consumer Rights Bill of 1842, Right to FairTires On Your Car Act and a host of otherlaws to provide Cindy with equestrianlessons to meet her sensory needs. TheSensory Diet you offered is INSUFFICIENT!!

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FORGETTING THAT YOU ARE THE EXPERT

• You are the education expert

• You have the degrees and credentials

• You provide the educational expertise at the IEP teammeeting

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FAILING TO ADVOCATE FOR THE DISTRICT’S PROGRAMS

Knowing and being able to explain your programs createsconfidence in the parent

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Let me tell you about the life skills program we areoffering.

• It’s offered at Memorial High School which is our newestcampus.

• Our teachers have experience/training/credentials

• There are three highly trained paraprofessionals

• The cafeteria is near the classroom and the student’sparticipate in culinary arts as part of the transitionprogram and sell cookies and other food items.

• This is a great opportunity for Chris to work on his goalsin basic math, hygiene, and independent living andemployment skills.

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FAILING TO CHOOSE YOUR WORDS WISELY

• Be calm and courteous even when parents or advocatesare being adversarial

• Be student centered

• Think about how others may interpret your words beforeyou speak

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If you are not happy your kid goes to school here, you can leave.

Verses

I can see that you have questions and concerns. Let’s walk through your questions

together and see if I can add clarity.

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Studentvv.CaldwellISDTEADocketNo.:058‐SE‐1110(2011)

“The overall tone and tenor of the ARD meeting tapesreflect an attitude of impatience and dismissal toward theparent as a partner in the ARD process.”

• “The ARD is not disagreeing, you are.”

• School member interrupts parent who is speaking andstates she is “going in circles.”

• Hearing officer said it was clear from the tapes that theenvironment “appeared intimidating” and was in no waya meaningful discussion about the students needs.

• Key stakeholders could not get past their polarizedpositions which resulted in a denial of FAPE.

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Top 10 Things Not to Say at an IEP Team Meeting

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Top10ThingsNot toSayatanIEPTeamMeeting

1. “Student should receive [DIS] 1‐2 times per week for 30‐45minutes in individual or group setting.”

2. “We don’t offer that.”

3. “We’ll put the student on a waiting list and let you knowwhen the service is available.”

4. “I write that goal for all my students.” Top 10 Things Not toSay at an IEP Team Meeting Top 10 Things Not to Say at anIEP Team Meeting(© 2Top 10 Things Not to Say at an IEP Team Meeting(© 2003 LRP Publications)003 LRP Publications)(© 2003 LRP Publications) Top 10 Things Not to Say at an IEP Team

Meeting(© 2003 LRP Publications)

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5. “My class is too low/high; the student just won’t fit.”

6. “I’ve haven’t been trained to work with that type ofstudent.”

7. “The student can’t have that program/service becauseI don’t have the authority to approve it.”

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8. “If you want the student exited from special ed, that’sfine with me.”

9. “I have so many students in my class, this student willneed an aide to make progress.”

10. “[Position/Name] couldn’t attend the meeting today,so I’ll get his/her signature on the IEP later.”

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Month Year© Thompson & Horton LLP

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THANKYOU!

Dianna D. BowenPartner

(972) 734‐[email protected]

Geneva L. Taylor(713) 554‐[email protected]

THANKYOU!

[email protected]

Thompson&HortonLLP500N.Akard,Suite3150Dallas,Texas75201(972)734‐5416

[email protected]

Thompson&HortonLLP3200SWFreeway,Suite200

Houston,Texas77027(713)554‐6761

do’s and dont’s for the ard committee in meeting to consider …s... · 2018-04-16 · 6/1/2017...

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