Mutually agreeable time....required attempts to notify of ARD

Discussion in 'Special Ed 101' started by TheOnlyMe, Oct 26, 2008.

  1. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    I have a parent I advocate/train and she is getting it and beginning to write letters and be "Ms. Manners" on her own. She has documentation of at least two months of emails (including 3 weeks without power) attempting to schedule an ARD for her 6 yr old difficult child who is already a year behind.

    They did a Occupational Therapist (OT) assessment to help him with his writing in May and ONLY wanted to address that in the ARD. She notified them in writing she wanted to look at core academics IEP's and that is when they began to give her the run around, especially after she mentioned no child left behind in email? We even took off work to go to one of their "scheduled" ARD's and the Diag was not even there, she was at another campus!!!!!

    So anyway, she had an emergency of the day of the ARD called left three messages talked to either principal or diag and said we need to reschedule and here was their response!!!!!!!!!!:faint:
    I'm sorry you could not attend the ARD this morning, I hope everything is fine. I left a message on your home phone at 8:15 am. and we began the ARD at 8:17 am. WITHOUT HER!!!!! We had rescheduled the ARD with you the required number of times and needed to hold the ARD in order to begin the Occupational Therapy services for difficult child. That report was sent home to you at the end of last school year.

    You expressed that you would like to have an ARD to discuss some other items. Would you like to have a conference with us to discuss any concerns and then, if necessary, we would schedule an ARD to make any necessary changes?

    Some dates that are available are: November 5, 6, 12, or 18 all at 2:20 pm.

    They are also telling her "their ARD's" are only available before school, during teacher's conference time or after school as the teachers need to be in the classroom.

    I told her to request policy or REGS in writing on letterhead stating there was a certain number of times to attempt to schedule an ARD, I know it applies to parent not producing child for evaluation but not a parent for an ARD!!!!

    They are just attempting to discourage her in MHO because now she is documenting and educating herself and she has THREE in Special Services and before she would sometimes not even show up cause they told her what they were going to do and she didn't understand her rights. Well now she is my star pupil !!!! She has a difficult child in High School, Middle School and Elementary!!

    Any suggestions?
  2. Sheila

    Sheila Moderator

    She needs to follow up telephone calls with-an email or fax. Talking is worthless in too many instances.

    If mom wants an IEP meeting, she needs to put it in writing and send it -- via certified mail.

    Plug "mutually" into the search function at and you'll find the fed regs (if you need them). TEA's side by side IDEA regs will reflect "mutually agreeable" also.
  3. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    Oh she has not telephoned (taught her that months ago) and has every email attempting to schedule a "mutually agreeable time".

    I couldn't find where there was a certain number of attempts which were required before they were allowed to ARD without her!

    They did and she is hot.

    I have been coaching her for 6 months and she is doing very well. She is great at Ms. Manners and Inspector Columbo!
  4. Sheila

    Sheila Moderator

    I don't recall reading in TEA regs or Fed regs a specific number of attempts must be made by the LEA. Keep in mind that this is a Procedural Safeguard issue -- by TEA. The sd MAY NOT have written or unwritten policies contrary to law.

    The sd best have "proof" that they sent Parent an Invitation to Meeting. Check the TEA regs, but I don't think there are any caveats which allows the sd NOT to follow procedure regarding IEP meetings.

    From OSEP at :

    300.501(c)(4) requires a public agency to
    maintain a record of its attempts to
    contact parents prior to making a
    placement decision without parent
    participation. We believe this
    requirement is sufficient to ensure that
    a public agency holding a placement
    meeting with neither parent in
    attendance takes the necessary steps to
    contact parents and maintain
    appropriate documentation of its
    attempts to ensure parent participation.
    As a matter of practice, public agencies
    use a variety of methods to contact
    parents depending on the ways they
    find to be most efficient and effective for
    a particular situation. Public agencies
    take seriously their obligation to include
    parents in placement decisions and are
    in the best position to determine the
    records they need to demonstrate that
    they have taken appropriate steps to
    include parents in placement decisions
    before holding a placement meeting
    without a parent in attendance."