FAQs »

Credits: Dr. Linda Parrish; Dr. Tracy Teaff; Dr. Jewel Lockridge; Dr. Lakshmi Mahadevan; Mr. Greg Shipp and Ms. Cheryl Grenwelge.

Note: Our experts are not attorneys and therefore our responses do not carry legal authority. We strongly recommend that educators check with their district’s attorneys for guidance on legal issues.

Topics

Definitions ARD/IEP Issues Accommodations/Modifications/Standards Instructional Strategies/Methodologies Placement Decisions Additional Concerns Resources Accommodations and Modifications in CTE Classroom Instruction Career Guidance - Tools for Practical Applications Building Successful Partnerships Best Practices: CTE Teachers Role in ARD Meetings Accommodations and Modifications III

 

ARD/IEP Issues

• Why are all students not in need of extra services?
• How does the ISD determine the need for an aide?
• Why can’t we have more aides? Why can’t we have more planning time?
• Does Content Mastery service cover electives or is this just our district polity that disallows this?
• Why can’t these kids be IDed for us at the beginning of the school year?
• Where do you draw the line between confidentiality and ethical responsibility?
• Why am I taken out of my classroom for ARDs?
• As a first time teacher I am very much frustrated with special needs students being “dumped” in our FCS classes with NO ARD meeting that I attended.
• Why do CTE teachers have to attend ARD meetings for students they don’t have in class?
• When physicians recommend so many hours of physical or occupational therapy, why can the special ed. director override and limit the student’s therapy times?
• Is there a limit as to how many times you can go to ARDs during a week?
• I get IEP modification sheets for me to sign during class without attending an ARD. Is this correct?
• What key questions should I ask at the ARD Meetings?

Why are all students not in need of extra services?

Although IEPs would be advantageous for all students they are only mandated, by federal law, for those with disabilities under IDEA. American Education is intended to assist the masses to become productive citizens. Federal requirements, such as Brown vs’ Board of Education (1954), and the Civil Rights act of 1964 and IDEA, came about for populations who had been denied the goals of American Education.

How does the ISD determine the need for an aide?

Instructional aides or para-professionals are of great benefit to teachers. The need for these related service personnel are determined in the ARD and documented on the IEP on an individual by individual basis. If it is determined, by the ARD committee, that a child needs an aide to receive an appropriate education than they/you will get one.

Why can’t we have more aides? Why can’t we have more planning time?

Aides are determined by the ARD committee for individual student needs. Planning / conference periods are designated by the local ISD. Money is a consideration, but appropriate education rules the decision.

Does Content Mastery service cover electives or is this just our district polity that disallows this?

Content Mastery, a Special Education program option, could certainly assist with elective courses and in some districts that is the case. Given our penchant for excelling on the TAKS some districts are opting for using this venue as an assistance in the “tested” areas of that statewide assessment. Sadly, in my opinion, these decisions reflect a lack of understanding of the integration of academic and practical arts applicability. One would have to question this practice asking “Is the student receiving free and appropriate public education in all the areas of learning?” In my opinion, CTE, athletics, and the arts keep a lot of students in school so assistance would be advantageous in the long run, especially with the transition plan from school to work/independence.

Why can’t these kids be IDed for us at the beginning of the school year?

Ending year ARDs are designed to do this, but some students transfer in (even though records should follow the student) may not get referred until the Fall; others may regress over the summer.

Where do you draw the line between confidentiality and ethical responsibility?

In these situations I always suggest asking yourself, “If this were my child what would I want a teacher to do?” Certainly the Buckley amendment protects the anonymity of the student, but those who have an “educational need” to know about the student in order to provide instruction have a right to know about the student. And, if the case involves suspected child abuse or neglect a teacher is required to alert the authorities. There are many resources and websites pertaining to the Family Educational Rights and Privacy Act (FERPA) that you might want to investigate. Here are some to get you started:

• http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
• http://www.unt.edu/ferpa
• http://www.asjaonline.org/en/articles/search.asp?category=&searchcriteria=0&searchtext=ferpa

Why am I taken out of my classroom for ARDs?

So many students….so few hours. Schools must make every effort to accommodate the schedules of parents for their attendance at their child’s ARD. I regret that you are missing instruction time in your classroom and hope that arrangements are made for instruction to carry on. See next question for exactly the opposite problem. On a different, but related topic, I recently read of the KIPP school in Houston and Austin that has instruction 9 hours a day, with two hours nightly of home work. Students have teacher’s cell numbers to call at night if they have questions over their homework. I know this seems intrusive, but these schools are teaching an overwhelming majority of students from low socio-economic backgrounds and are having success.

 

As a first time teacher I am very much frustrated with special needs students being “dumped” in our FCS classes with NO ARD meeting that I attended.

You have the right to attend the ARD or to be represented by an instructional equivalent. I would let my interest in attending ARDs be known to the administration.

Why do CTE teachers have to attend ARD meetings for students they don’t have in class?

You may be a designated representative of your CTE teachers and therefore need to be a conduit for information both to the ARD members and to the receiving CTE teacher. Go, learn, represent CTE, and get information to and from that receiving CTE teacher.

When physicians recommend so many hours of physical or occupational therapy, why can the special ed. director override and limit the student’s therapy times?

This type of negotiation occurs within the ARD committee, where parents are also involved, so whatever the ARD committee determines will be the intervention provided by the school personnel that constitutes Free and appropriate public education (FAPE)

Is there a limit as to how many times you can go to ARDs during a week?

Unfortunately there is no limit. Sometimes a single ARD can last several days, so the number of ARDs is not always the issue, it might be the length of ARDs.

I get IEP modification sheets for me to sign during class without attending an ARD. Is this correct?

This is inappropriate. The legislation calls for a team and a meeting. I always think to myself, “How would I answer the questions if I were a witness in a trial and was asked, Were you a participant in the ARD process?”

What key questions should I ask at the ARD Meetings?

1. What disability category qualified the student for Special Education services
2. Within that category is the student considered mild, moderate, severe or profoundly affected?
3. How does this disability affect the student’s:
   • academic performance (reading , writing, calculation)?
   • behavioral performance (defiant, respect for others, noncompliant)?
   • functional performance (following directions, communication)?What student interest/aptitude measure was used to match him or her to my course?
4. What related services will be available to assist the student in order to make progress in my class and to, therefore, receive a free and appropriate education?
5. What documentation would you advise that I keep and how often should I keep it so that it will be helpful in our next meeting and to assure FAPE
6. When is the next meeting scheduled to ‘review’ the progress?