ARD & 504 Meetings

A Guide for Parents

March 23, 2023

Special Programs Introductions

Stacie Bonner - Executive Director of Special Programs

Allison Fike - Coordinator of Federal Programs

Jill Esser - Coordinator of Special Education Behavior Support

Aaron Heil - Coordinator of Specialized Curriculum and Instruction

Jenny Glick - Coordinator of Specialized Assessment and Compliance

Special Programs Mission

The Special Programs department is committed to educating and inspiring ALL dragons through a tradition of excellence and innovation in academics, character, and service for life-long success.

This means that ALL special programs department staff will:

• Be highly trained in best practices designed to meet the needs of a diverse student population
• Have access to a high-quality, rigorous curriculum designed to meet the needs of students with unique learning needs
• Continuous improvement to ensure high levels of programmatic accountability
• Work collaboratively with all stakeholders to ensure student success

Parent Collaboration and Participation

Research has consistently shown that students with involved parents are more likely to perform better academically, have better attendance rates, and exhibit better behavior both in and out of the classroom. Additionally, parent involvement has been linked to higher graduation rates and increased post-secondary success.

Carroll ISD Special Programs understands the importance of parent involvement in our students' education, and we are committed to creating opportunities for parents to collaborate with us. We believe that when parents and educators work together, we can create an environment that supports our students' academic and social growth.

Overarching Protections

ADA/504/IDEA

Americans with Disabilities Act (ADA)- 1990/Amended 2008 (ADAAA)

Provides civil rights protections to all individuals with impairments in all areas of public life.

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SECTION 504 of the Rehabilitation Act of 1973

Covers individuals who meet the definition of having a physical or mental impairment that substantially limits a major life activity.

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Individuals with Disabilities Education Act (IDEA)

Covers students who meet the criteria for a specific disability who due to that disability requires specially designed instruction in order to access a free and appropriate public education.

Section 504 vs. IDEA

Equal Educational Opportunity & Supports

Federal mandates’ main emphasis in the schools is equal educational opportunity to eligible disabled students. This also requires that eligible students are afforded an equal opportunity to participate in school extracurricular and nonacademic activities.

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Continuum of Equitable Supports

Evaluation Consent

Before taking any action with respect to the initial placement in 504 or special education the district must conduct evaluation.

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When Gaining Consent

• Notice of Rights in parents native language
• Informed Consent
• Parent Input Form

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Evaluation

• Data from a variety of sources
• Reasonable Timeline

Legal Obligations

• Conduct appropriate child find and initial evaluations
• Establish standards and procedures for the identification and evaluation process
• Conduct periodic reevaluations (at least every three years)
• Provide Free Appropriate Public Education (FAPE)
• Provide students with disabilities equal access to nonacademic and/or extracurricular services
• Establish and implement a system of procedural safeguards
• Ensure behavior in question is not a manifestation of a student’s disability during disciplinary proceedings

Child Find

Child Find

Child Find is a federal mandate under the Individuals with Disabilities Education Act (IDEA).

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Child Find is a continuous process of public awareness activities.

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A student identified through child find is not automatically guaranteed services under IDEA. First, a full and individual initial evaluation (FIIE) of the child must be conducted.

CISD Child Find poster

Child Find

• Child Find is the affirmative, ongoing obligation of local education agencies (LEA) to identify, locate and evaluate all children with disabilities residing within their jurisdictions who need special education and related services.
• An LEA may not deny a referral or delay an initial evaluation because pre-referral interventions have not been implemented with a student.
• Circumstances that may indicate the need for evaluation:
• Interfering behaviors and/or discipline referrals
• Outside evaluation/diagnosis provided by a parent
• Parental concerns regarding child’s struggles
• Outside therapeutic services or tutoring

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Section 504

Of The Rehabilitation Act of 1973

SECTION 504

Federal Non-discrimination Statement:

“No otherwise qualified individual with a disability in the United States

. . . shall solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . .”

Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability.

Who is covered under Section 504?

To be “covered” under Section 504,

a student must first meet the definition of a student with a disability.

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As defined by federal law: “An individual with a disability means any person who:

(i) has a mental or physical impairment that substantially limits one or more major life activity;

(ii) has a record of such an impairment; or

(iii) is regarded as having such an impairment” [34 C.F.R. §104.3(j)(1)].

Who/What Initiates the 504 Referral Process?

Referrals can be made by families or Local Education Agency (LEA) staff. Examples of circumstances in which referral requests are often made include:

• The student has a chronic medical condition that is not covered by the IDEA.
• The student has one of the disabilities identified in the IDEA, but is not eligible for special education and related services because the student does not need specially designed instruction.
• The student has a “hidden disability,” such as low vision, poor hearing, heart disease, or a chronic illness, such as diabetes.
• Families have received an outside evaluation and are requesting Section 504 protections and/or accommodations.

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Preparation for the Initial 504 Evaluation

The Campus 504 Counselor/Specialist will:

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• Provide the parent/guardian with Procedural Safeguards and gain written Consent to Evaluate for Section 504

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• Schedule Section 504 Initial Evaluation Meeting (send meeting notice)

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• Gather input from student (as appropriate)

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• Gather input from parents

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• Gather input from teachers

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• Gain parental consent to speak with child’s outside service providers; such as doctors (if contact is needed)

What is a 504 Evaluation?

Section 504 Evaluation does not necessarily mean “test.”

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In a Section 504 context, “evaluation” refers to a gathering of data or information from a variety of sources so that the committee can make the required determinations OCR FAQ 17-34.

What Sources of Data are Gathered?

Meeting Attendance

Who should attend the Section 504 Meeting?

Section 504 regulations require members who:

• Can make placement decisions
• Are knowledgeable about the student
• Can interpret the meaning of the evaluation data

What Occurs in an Initial 504 Evaluation?

Committee discussion could include (pg.11)

• Celebration of student’s strengths
• Student input related to educational experience and challenges
• Parent input relevant to the student’s impairment and the educational impact
• Staff input regarding student performance in academics and behavior

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Review of all evaluation data

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Does the student meet Section 504 eligibility requirements?

1. The student must be qualified, which means that they must be of an age in which services are provided to non-disabled students.

2. The student must have a physical or mental impairment

3. The physical or mental impairment substantially limits one or more major life activities and without consideration of mitigating measures except glasses.

* Physical or mental impairment includes, but is not limited to, contagious and noncontagious diseases and conditions such as the following: orthopedic, visual, speech, and hearing impairments; cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional illness, dyslexia, and other specific learning disabilities, attention deficit hyperactivity disorder, human immunodeficiency virus infection (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism. **Anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine.

Disability Example:

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Impairment- ADHD

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Substantially limiting the Major Life Activity of Concentrating or Thinking

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Disability Eligibility for Section 504

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Eligibility for Section 504 Protection

Eligibility Prong 1

Handicapped Person: Has a physical or mental impairment which substantially limits one or more major life activities.

Per ADA AA: Mitigating measures may not be considered except regular eyeglasses or contact lenses.

Eligibility for Civil Rights Protections: Substantial Limitation

ADA AA broad definition of disability

Disability is construed broadly does not require extensive analysis

Need not prevent, severely or significantly restrict

Without regard to ameliorative effects or mitigating measures

ADA Amendments Act 2008

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Eligibility Prong 2

Functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working

Per ADA AA

Amendments Act 2008:

impairment need only limit one major life activity

SECTION 504 Evaluation

When Section 504 committees are considering evaluation data and appropriate placement, the Office for Civil Rights advises that the following questions should be asked and answered (Resource Guide on Students with ADHD, pg. 19):

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1. Does the student have a disability as defined by Section 504 regulations?

2. If so, does the student need regular or special education, related aids and services, or supplementary aids and services because of the disability, and in what setting should the student receive them?

The expectation for students protected under Section 504 is placement in the general education setting unless the LEA can demonstrate that the education of that student in the general education setting with supplementary aids and services cannot be achieved.

This would prompt a referral for a special education evaluation.

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What Occurs in an Initial 504 Evaluation?

If the student meets Section 504 eligibility, the committee will create an

Individual Accommodation Plan (IAP):

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The purpose of the Section 504 Individual Accommodation Plan (pg.10) is to create an educational blueprint that is unique to each student and provides the student access to a free appropriate public education.

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An APPROPRIATE education is one that is designed to meet the individual needs of the student as adequately as that of their non-disabled peers.

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The Section 504 plan is the bridge that facilitates the provision of an appropriate education.

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What is an Individual Accommodation Plan?

Accommodations should “level the playing field” as opposed to giving any advantage and should never change what a student learns, which would be a modification.

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Accommodations should address all impacted areas of the student’s school environment such as:

• Classroom
• Testing
• Behavior

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A student’s needs may change each year or throughout the year depending on the context and content required to learn. It is important to do regular checks with the student, teacher, and family to ensure the accommodations implemented are providing the appropriate access to information. (pg.20)

Dispute Resolution Processes

Due Process - Notice of Rights

Section 504 regulations require districts to establish and implement a system of procedural safeguards including:

Notice

Opportunity for parents to examine relevant records

Impartial hearing

Review procedure

Local Level Resolutions

School districts must adopt grievance procedures that incorporate

• Due process standards
• Prompt, equitable resolution of complaints alleging any prohibited action.

Parents should not be required to exhaust grievance procedures prior to pursuing an impartial hearing or lodging a complaint with the Office for Civil Rights.

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Impartial Hearing

Impartial hearing resolves disagreements between the district and parents regarding:

• Identification
• Evaluation
• Educational placement

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District must arrange for the hearing:

• Parents have the opportunity to participate
• Parents may be represented by counsel

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Office of Civil Rights

Anyone can file a civil rights complaint whether they are the complainant or are filing the complaint on behalf of an individual.

Complaints should be filed within 180 days of the last act of discrimination.

Complaints may be filed online, via email, mail, or fax.

Resources

United States Department of Education Section 504 Parent and Educator Resource Guide

United States Department of Education Section 504 Resources in Languages Other than English

United States Department of Education Section 504 Frequently Asked Questions

TEA's Section 504 Family Fact Sheet

TEA's Technical Assistance Guide: Section 504 (Updated 9/21/21)

TEA's Section 504 Webinar

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TEA's Section 504 Webpage

Individuals with Disabilities Education Act

What is Special Education?

Special Education is a broad term used by federal law to describe the “specially designed instruction” necessary to meet the unique needs of a child with a disability. This means that an individualized plan is developed to address the needs that result from the specific disability of the child in order for them to access their education in public schools.

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The Individuals with Disabilities Act (IDEA) 2004 is the law that defined Special Education as “specially designed instruction” at no cost to parents.

IDEA

For more information on the Individuals with Disabilities Education Act, you can refer to the the Texas Education Agency’s Fact Sheet for Families.

Special Education Eligibility

To be eligible for special education services, a student must:

1. have a disability as defined by one or more of the 13 IDEA disability categories; and

2. because of the disability, require special education services

Students who have disabilities not covered by the IDEA or students with disabilities who do not require special education services are not eligible. However, a student with a disability may be eligible for supports and services under Section 504.

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Special Education Eligibilities

All Students who receive special education services must be evaluated. The law defines several categories of disabilities under which a child may be found eligible for special education and related services. The categories are:

Admission, Review, and Dismissal

In Texas, a child’s eligibility for special education and related services and most of the major decisions about a child’s special education program are made by an admission, review, and dismissal (ARD) committee. You may also hear this group referred to as an individualized education program (IEP) team, which is the term used in federal law. If an ARD committee is formed for your child, you will be a member of that committee.

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Parents Guide to the ARD process

Who attends the ARD meetings?

The ARD committee is usually made up of a special education teacher, a general education teacher, the assistant principal or principal of the school, the diagnostician, (a person qualified to interpret evaluations and the instructional implementations), a staff member representing any related services the child might require and of course and most important of all the parents and the student (s) when appropriate.

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What is an IEP?

An Individualized Education Program (IEP) is an educational plan that addresses the individual needs of a child. It takes into consideration the child’s strengths and weaknesses, parent concerns, assessment results and areas of academic and developmental needs in order to develop goals and objectives for the school year. The IEP is created through a team effort at an ARD meeting and reviewed at least once a year.

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“An IEP, Individualized Education Program, is the heart of IDEA and measurable annual goals are at the heart of each IEP”.

Why is the IEP Important?

The Individualized Education Program (IEP) outlines the school’s plan for providing specially designed instruction and related services.

What is the parent’s role in the IEP development?

IDEA establishes that parents are equal members of the ARD committee team. Good communication between parents and teachers are encouraged prior to the ARD committee meeting in developing draft IEP’s. The ARD gives the parents a voice in determining their child’s IEP. Parents are encouraged to actively participate in the ARD process by asking questions, sharing their concerns, and speaking on their child’s behalf. It is important for parents and school staff to remember that this is a collaborative process.

Notice of Rights

IDEA requires schools to provide parents of a child with a disability with a notice containing a full explanation of the procedural safeguards available under IDEA and its implementing regulations. This document is call the Notice of Procedural Safeguards.

Due Process Options

There may be times when you disagree with the actions taken by the school related to your child’s special education and related services. Carroll ISD Special Programs remains committed to working with you to resolve issues at the local level.

If local resolution is not an option, the Texas Education Agency offers four formal options for resolving special education disagreements: state IEP facilitation, mediation services, the special education complaint resolution process, and the due process hearing program.

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State IEP Facilitation

Individualized education program (IEP) facilitation is a method of alternative dispute resolution that involves the use of a trained facilitator to assist an admission, review, and dismissal (ARD) committee in developing an IEP for a student with a disability. The facilitator uses facilitation techniques to help the committee members communicate and collaborate effectively.

Local Facilitation

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Stacie Bonner

State IEP ARD Facilitator since 2015

State Facilitation

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Request for a State Facilitated Individualized Education Program Meeting

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Mediation Services

Mediation must be available to resolve disputes regarding any matter under IDEA Part B, including matters arising prior to the filing of a due process complaint.

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Mediation is a voluntary process.

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You can find more information about the mediation process on the TEA website at Office of General Counsel, Special Mediation Program.

Special Education Complaint Resolution

Another option for resolving special education disputes is the TEA’s special education complaint resolution process.

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Your written complaint must describe a violation that occurred not more than one year before the date that the complaint is received.

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You can find more information about the special education complaint process and complaint investigation forms on the TEA website at Special Education Dispute Resolution Processes.

Due Process Hearing Program

In a due process hearing, an impartial hearing officer hears evidence from the parties and makes a legally binding decision.

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You must file a due process complaint within two years of the date you knew or should have known about the alleged action that forms the basis of the complaint.

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A form for a due process complaint is available from the TEA at Office of General Counsel, Special Education Due Process Hearing.

Resources

SPEDTex Resources for Families

Texas Education Agency SPED Family Resources

Notice of Procedural Safeguards

Parent’s Guide to the Admission, Review, and Dismissal Process

Disability Rights of Texas

Parent Resource Network

Navigate Life Texas

Statewide Technical Assistance Networks

Graduation

Graduation and Special Education

For students receiving special education services, there are four “options” for graduation and receipt of a diploma. An ARD committee, which includes you and your child, will decide and document in the IEP which option best meets the needs of your child.

1. Foundation, Foundation plus Endorsements, or Distinguished Achievement program and pass the required state end of course assessments (STAAR).
2. The second option is to graduate similar to the first option except that the ARD Committee determines whether satisfactory performance on the required state assessment (STAAR) shall be required for graduation.
3. Graduate by IEP - for more information see here
4. The fourth option is for the student to receive a diploma and graduate when the ARD committee determines that the student no longer meets age eligibility requirements (21+).

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Graduation and College Enrollment

A postsecondary student with a disability who is in need of auxiliary aids is obligated to provide notice of the nature of the disabling condition to the college and to assist it in identifying appropriate and effective auxiliary aids.

Students themselves must identify the need for an auxiliary aid and give adequate notice of the need.

The student's notification should be provided to the appropriate representative of the college who, depending upon the nature and scope of the request, could be the school's Section 504 or ADA coordinator, an appropriate dean, a faculty advisor, or a professor. Unlike elementary or secondary schools, colleges may ask the student, in response to a request for auxiliary aids, to provide supporting diagnostic test results and professional prescriptions for auxiliary aids. A college also may obtain its own professional determination of whether specific requested auxiliary aids are necessary.

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Disability Support in College

Examples of Auxiliary Aids

Some of the various types of auxiliary aids and services may include:

U.S. Department of Education

Disability Support

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High School

vs

College

Save the Date

Related Services - Overview of the Educational Model of providing related services (versus the medical model)

April 20th 12:30 - 1:30

Administration Building - Lowery Library

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Post-Secondary Roundtable

May 18th, 5:00 - 6:30 pm

Administration Building - Lonesome Dove and Dove Loop

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Paula Kluth - Inclusion - What Every Parent Should Know

June 27th 6:00 - 7:30

Administration Building - Lonesome Dove

Website Redesign

Important Dates and Parent Training Schedule Spring of 2023

Questions?

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Stacie Bonner - Executive Director of Special Programs

Allison Fike - Coordinator of Federal Programs

Jill Esser - Coordinator of Special Education Behavior Support

Aaron Heil - Coordinator of Specialized Curriculum and Instruction

Jenny Glick - Coordinator of Specialized Assessment and Compliance