Inclusion & ARDs for regular education teachers

A federal rule implementing IDEA requires that “to the maximum extent appropriate, children with disabilities…are educated with children who are nondisabled; and that…removal of children with disabilities from the regular [classroom] occurs only if the…disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”

State law says that in a mainstream classroom “students with disabilities and their teachers [must] receive the direct, indirect, and support services… necessary to enrich the regular classroom and enable student success.” State rules provide that support services shall include, but not be limited to, collaborative planning, co-teaching, small group instruction with special and regular education students, direct instruction to special education students, or other support services determined necessary by the Admission, Review and Dismissal (ARD) committee.

Each school district shall have procedures to ensure that each teacher involved in a student’s instruction has the opportunity to provide input and request assistance regarding the implementation of the student’s Individualized Education Program (IEP). These procedures must include a method for a student’s regular or special education teachers to submit requests for further consideration of the student’s IEP or its implementation. In response to this request, the district’s procedures shall include a method for the district to determine whether further consideration is necessary and whether this consideration will be informal or will require an ARD committee meeting. If the district determines that an ARD committee meeting is necessary, the student’s current regular and special education teachers shall have an opportunity to provide input.

State rules provide that the regular education teacher who serves as a member of a student’s ARD committee should be a regular education teacher who is responsible for implementing a portion of the student’s IEP. However, IDEA 2004 changed requirements related to teacher participation in ARD meetings in some cases. If issues considered at an ARD meeting do not require a specific teacher’s participation, the parents and the district can agree in writing to have the teacher not attend. If a specific teacher’s participation is required, the parents and the district can agree to have that teacher provide information in writing, in lieu of attending.

State rules provide that all members of the ARD committee shall have the opportunity to participate in a collaborative manner in developing the IEP. A decision of the committee concerning required elements of the IEP shall be made by mutual agreement of the required members if possible. When mutual agreement is not reached, a written statement of the basis for the disagreement shall be included in the IEP. The members who disagree shall be offered the opportunity to write their own statements.

Additional information and links to resources are available from the TCTA website at tcta.org. TCTA members who have questions or problems regarding inclusion issues may contact the TCTA Legal Department at (888) 879-8282