Your Rights at the ARD Table

Part 8: Navigating Texas Special Education: Your Essential Guide to ARD Meetings

 Parents are vital members of every ARD committee. Learn about your rights to participate, receive information in your language, and access your child’s records.

You've prepared for the ARD meeting. You understand the timelines. You've reviewed the Prior Written Notice. Now you're sitting at the table with teachers, administrators, specialists, and other school staff. It can feel intimidating, but remember, you're not a guest at this meeting. You're a mandatory, equal member of the ARD committee with specific, legally protected rights.

This part of our series on ARD meetings is about understanding and exercising those rights so you can participate meaningfully in the decisions that shape your child's education.

Your Right to Be There: Mandatory Membership

Let's start with the most fundamental right: you are a required member of the ARD committee. This isn't optional, and it's not a courtesy. Federal and state law mandate your presence.

Schools Must Ensure Your Participation: The school district must take steps to ensure that you're present at ARD meetings or are afforded the opportunity to participate. This includes:

• Notifying you of meetings early enough so you can attend

• Scheduling meetings at mutually agreed-upon times and places

• Offering alternative participation methods if you cannot attend in person

  
  

Mutually Agreed Upon: Schools cannot simply schedule meetings at their convenience and expect you to accommodate. The timing and location should be mutually agreeable. If the school proposes a time you cannot attend, they must work with you to find an alternative.

What If You Can't Attend in Person? Schools must offer alternative participation methods, such as:

• Video conferencing

• Conference telephone calls

• Individual or conference calls with specific team members if a full meeting isn't possible

  
  

The goal is meaningful participation, not just technical compliance with notice requirements.

Meetings Without Parents: An ARD meeting can be conducted without a parent only if the school cannot convince the parent to attend and can document detailed attempts to arrange a mutually agreed-upon time and place. This documentation might include detailed records of telephone calls, copies of correspondence and responses, and records of visits to the home or workplace. Schools cannot simply hold meetings without you because it's more convenient.

Your Right to Understand: Language and Interpretation

Participation is meaningless if you don't understand what's being discussed. Schools have an obligation to ensure you comprehend the proceedings.

Interpreter Services: The school must take whatever action is necessary to ensure you understand ARD meeting proceedings, including arranging for an interpreter if:

• You are deaf or hard of hearing

• Your native language is other than English

  
  

No Cost to You: Interpreter services must be provided at no cost to you. This is part of the school's obligation to ensure meaningful participation.

Request in Advance: If you need interpretation services, inform the school when you're notified of the ARD meeting. This gives them time to arrange for a qualified interpreter. Don't wait until you arrive at the meeting.

Understandable Language: Even when interpretation isn't needed, all participants should communicate in language understandable to the general public, avoiding unnecessary jargon. If acronyms or technical terms are used, don't hesitate to ask for clarification. "I'm sorry, what does PLAAFP mean?" or "Can you explain what you mean by 'executive functioning'?" are entirely appropriate questions.

Your Right to Receive Your Child's IEP

Once the ARD committee develops or revises the IEP, you have specific rights regarding receiving a copy of the document.

At No Cost: You must receive a copy of your child's IEP at no cost. Schools cannot charge you for this document.

Timely Receipt: You should receive the finalized IEP within a reasonable time after the meeting. Many schools provide it at the end of the meeting or shortly thereafter.

Translation Requirements: If your native language is Spanish, the school must provide the IEP as a written or audiotaped translation. For other languages, the school must make a good-faith effort to provide translation.

Why This Matters: The IEP is your reference document. It details what services your child should receive, what goals they're working toward, and what accommodations should be provided. You need a copy to monitor implementation and to share with private providers, advocates, or others working with your child.

Your Right to Access Education Records

Your right to information extends far beyond receiving the IEP. You have comprehensive rights to access all education records related to your child.

What Records You Can Access: You have the right to inspect and review all education records relating to your child's:

• Identification

• Evaluation

• Educational placement

• Provision of a Free Appropriate Public Education (FAPE)

  
  

This includes evaluation reports, progress monitoring data, discipline records, attendance records, correspondence, meeting notes, teacher observations, assessment results, and any other documents related to your child's special education.

Timeline for Access: Schools must provide access without unnecessary delay and in no case more than 45 days after you make your request. In practice, many schools provide access much more quickly, but 45 days is the outer limit.

How to Request: Submit record requests in writing (email works well) and be as specific as possible about what records you're seeking. "I request copies of all progress monitoring data for [child's name] from September through December 2024" is more effective than "I want to see my child's records."

Inspection vs. Copies: You have the right to inspect records (review them at the school). You also have the right to receive copies, though schools may charge reasonable copying fees if providing copies would impose more than minimal administrative burden. However, they cannot charge fees if the cost would effectively prevent you from exercising your right to access records.

Before ARD Meetings: Consider requesting relevant records before ARD meetings so you have time to review them. "I request copies of [child's name]'s evaluation report, current progress monitoring data, and any functional behavioral assessments, to be provided at least one week before the scheduled ARD meeting on [date]."

Your Right to Give or Withhold Consent

Consent is one of your most powerful rights. In special education, certain actions cannot occur without your informed written consent.

What "Informed" Means: Informed consent means:

• You understand what's being proposed in your native language or other mode of communication

• You understand that consent is voluntary and can be revoked at any time

• You've been fully informed of all information relevant to the activity for which consent is sought

• You understand and agree in writing to the activity, and the consent describes that activity and lists the records (if any) that will be released and to whom

Initial Evaluation: Before the school can conduct the initial evaluation to determine whether your child has a disability and needs special education, they must obtain your informed written consent.

Initial Services: Even if the evaluation determines your child is eligible for special education, services cannot begin without your informed written consent to the initial provision of special education and related services.

Reevaluations: Your consent is required before the school conducts a reevaluation (with limited exceptions when the school can demonstrate reasonable efforts to obtain consent and you fail to respond).

What If You Say No? If you refuse consent for the initial evaluation or initial services, the school cannot override your decision through mediation or due process procedures. If you refuse initial consent for services, your child is not entitled to FAPE through special education (they remain in general education like any other student).

Revoking Consent: You can revoke consent for the continued provision of special education services at any time. The revocation must be in writing. After you revoke consent, the school must provide you with Prior Written Notice and then discontinue services. The school cannot use mediation or due process to continue providing services after you've revoked consent.

Consent Is Not Required for Everything: You should understand that consent is required for specific actions (initial evaluation, initial services, reevaluation). Schools do not need your consent to implement the existing IEP once you've consented to initial services, to conduct reviews of existing evaluation data without new assessments, or to review and revise the IEP (though you're a mandatory ARD member for those reviews).

Your Right to an Independent Educational Evaluation

Sometimes you disagree with the school's evaluation of your child. Maybe you believe it was incomplete, biased, or conducted by unqualified personnel. You're not stuck with the school's evaluation.

The Right to an IEE: You have the right to obtain an Independent Educational Evaluation (IEE) of your child conducted by a qualified examiner who is not employed by the school district.

At Public Expense: You have the right to an IEE at public expense, meaning the school district pays for it, if you disagree with the evaluation obtained by the school.

How It Works: When you request an IEE at public expense, the school has two options:

1. Agree to pay for the IEE without question

2. Initiate a due process hearing to demonstrate that their evaluation was appropriate

Why This Matters: This creates a strong incentive for schools to conduct thorough, appropriate evaluations in the first place. If they believe their evaluation was appropriate, they must be willing to defend it at a hearing. If they're not confident enough to do so, they'll likely agree to fund the IEE.

The ARD Committee Must Consider: Whether the school pays for the IEE or you obtain it privately, the ARD committee must consider the results of any independent evaluation that meets agency criteria in any decision made regarding provision of FAPE to your child.

District Criteria: School districts can have criteria about the qualifications of evaluators and the components of IEEs, but these criteria must be the same criteria the district uses when it initiates evaluations. Districts cannot impose stricter standards on IEEs than on their own evaluations.

Your Right to Invite Others

You don't have to navigate ARD meetings alone. You have the explicit right to bring people with you.

Who You Can Invite: You can invite anyone with knowledge or special expertise regarding your child. This might include:

• Private therapists or tutors working with your child

• Medical professionals who treat your child

• Educational advocates or consultants

• Family members who have relevant knowledge

• Friends who provide emotional support

  
  

School Cannot Veto: The school cannot prevent you from bringing someone you've invited. However, the school district determines whether the person you invite has knowledge or special expertise. In practice, schools rarely challenge parental invitations unless the person's presence would be disruptive.

Notify the School: As a courtesy, inform the school in advance who you're bringing and their relationship to your child. This helps the school prepare appropriate seating and materials and avoids surprises.

Advocates vs. Attorneys: Anyone can serve as an advocate or support person. However, if you bring an attorney to an ARD meeting, the school must be notified at least five business days before the meeting (unless you agree to waive this requirement). This notice requirement gives the school the opportunity to have its attorney present as well if it chooses.

Your Right to Record Meetings

In Texas, the law regarding recording ARD meetings is specific.

Audio or Video Recording: You have the right to audio or video record ARD committee meetings. However, you must notify the school at least 24 hours before the meeting that you'll be recording.

School Recording: The school can also record meetings, but they must similarly notify you at least 24 hours in advance.

Why Record? Recording creates an exact record of what was said, who made what commitments, and what was agreed upon. This can be invaluable if disputes arise later about what occurred at a meeting.

Equipment: You're responsible for providing your own recording equipment. Schools are not required to provide recording equipment for you.

Tip: Even if you don't plan to record, knowing you have this right can be helpful. Simply bringing a recording device to the table (after proper notice) can sometimes encourage more careful, thoughtful discussion.

Your Right to a Prepared Draft IEP

There's sometimes confusion about whether schools can prepare draft IEPs before meetings. Understanding your rights here is important.

Schools Can Prepare Drafts: Schools can come to ARD meetings with draft IEPs or draft proposals. This is not inherently problematic and, in fact, can facilitate more productive meetings by giving the committee something concrete to discuss.

But Not Finalized Decisions: What schools cannot do is come to the meeting with decisions already finalized, treating the meeting as a formality where they present a completed IEP and ask you to sign. The ARD meeting is where the IEP is developed, not where predetermined decisions are announced.

Your Input Must Be Considered: Any draft IEP must be subject to revision based on ARD committee discussion. Your input, concerns, suggestions, and disagreements must be genuinely considered and incorporated when appropriate.

You Can Request Drafts: If the school plans to bring draft proposals, you can request to see them before the meeting. This gives you time to review and prepare thoughtful responses rather than reacting on the spot.

Your Right to Meaningful Participation

All of these specific rights support one overarching right: the right to meaningful participation in decisions about your child's education.

Meaningful participation means:

• You're not just present in body but engaged in the discussion

• Your input is genuinely considered, not dismissed or ignored

• You have sufficient information and time to make informed decisions

• The process is collaborative, not rubber-stamping predetermined conclusions

• You understand what's being proposed and why

  
  

What It Doesn't Mean: Meaningful participation doesn't mean you get everything you want or that the school must adopt all your suggestions. It means your voice is heard, your input is considered, and decisions are made collaboratively with your genuine involvement.

Exercising Your Rights Effectively

Understanding your rights is the first step. Exercising them effectively requires both confidence and diplomacy.

Be Prepared: Review documents before meetings, prepare questions, and bring data or information that supports your perspective.

Communicate Clearly: State your concerns and suggestions clearly and specifically. "I'm concerned about Sarah's reading progress" is a start. "Sarah's last three reading benchmark assessments show she's falling further behind grade level, and I'd like to discuss increasing her reading intervention time" is more effective.

Ask Questions: Don't be afraid to ask questions, request clarification, or ask to see data. "Can you show me the progress monitoring data that supports this conclusion?"

Take Notes: Document what's discussed, what's agreed upon, and any areas of disagreement.

Request Time When Needed: If the meeting is moving too quickly or you need time to think about a proposal, it's okay to say, "I need some time to consider this. Can we continue this discussion at a reconvened meeting next week?"

Know When to Disagree: If you disagree with a proposal, say so clearly. We'll discuss in Part 9 what happens when consensus cannot be reached, but the first step is clearly stating your position.

Your Rights Are Enforceable

These aren't suggestions or courtesies; they're legal rights with enforcement mechanisms. If your rights are violated, you have options, including state complaints, mediation, and due process hearings. However, the goal isn't to look for violations to report. The goal is to participate effectively so your child receives an appropriate education. Understanding your rights empowers you to be an equal partner in that process.

Moving Forward

Now that you understand your rights at the ARD table, we'll address what happens during the meeting: how decisions should be made, what "consensus" really means, and what to do when you and the school cannot reach agreement.

This is Part 8 in our series "Navigating Texas Special Education: Your Essential Guide to ARD Meetings." Next up: Part 9: Making Decisions - Consensus, Disagreement, and What Comes Next.

Need Help Asserting Your Rights During an ARD Meeting in Texas?

Partner with a special education advocate who can guide you through consent, participation, and IEP decision-making with confidence. Learn more about our Special Education and Section 504 Advocacy Services or request a free consultation. 

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