Transcript PREPARING FOR AND CHAIRING THE “HARD” ARD

PREPARING FOR THE
“HARD” ARD
Why do we have to endure
those “hard” ARDs?
• Decisions are made by the ARD
• Parents are required and powerful members
of the ARD
Why do we have to endure
those “hard” ARDs?
• Parental participation in the IEP process is
not only encouraged through a variety of
procedural protections, it is actionable
• Gloria Justice M. v. Houston ISD (March
2003) – ARD failed to afford serious
consideration to the parent’s request for aide
support as a supplementary aide or service
Why do we have to endure
those “hard” ARDs?
o Amanda J. v. Clark School District (2001) –
Ninth Circuit found that by “preventing
Amanda’s parents from fully and effectively
participating in the creation of an IEP, the
District made it impossible to design an IEP
that addressed Amanda’s unique needs as an
autistic child, thereby denying Amanda a
“FAPE”
Why do we have to endure
those “hard” ARDs?
– Adam J. v. Keller ISD (2003) – no denial of
parental participation was found as at least one
parent, and often both, were in attendance at
every ARD meeting and the parents frequently
presented supplemental “parent statements” to
voice their concerns and frustrations
Why do we have to endure
those “hard” ARDs?
ARD action generally requires consensus
Schools and parents don’t always agree
Why do we have to endure
those “hard” ARDs?
The unfortunate result is that difficult ARD meetings are
part of the process. A small percentage of these disputes
are completely immune from the school’s best efforts of
prevention. Some angry parents cannot be satisfied, and
sometimes, though rarely, there simply is no middle
ground between the school’s position and that of the
parent. As a result, there are times when the only advice is
“hang in there.” Many difficult ARD meetings, however,
can be rendered less-difficult by avoiding some common
mistakes, improving our relationships with parents, and
understanding the dynamics created by the ARD process.
What can make an ARD
committee meeting difficult?
The attitude of school employees can color, good or
bad, the parents’ image of the school district and
the service it provides to students with disabilities.
While most educators are happy to comply with
disability laws, there are always those who are too
busy, have too many other students, or simply
would rather not deal with the requirements of
IDEA. Some of the more harmful attitudes
adopted by school employees can be categorized:
What can make an ARD
committee meeting difficult?
o Dinosaurs – this description has nothing to do with age,
but everything to do with attitude. This title describes the
employee who tells the class how he dislikes having to
modify for Johnny and tells the ARD he/she can’t possibly
comply with the IEP because he has 25 other students to
teach. In face of this type of attitude, the parents can
hardly be blamed for feeling that the district doesn’t care.
Dinosaur attitudes are entirely incompatible with
compliance and reinforce the image of the district as
unlikely to help disabled students. At the very least,
Dinosaurs cause parents to be suspicious of how students
are treated in class and raise doubts about IEP
implementation.
What can make an ARD
committee meeting difficult?
o Gunslingers – these are administrators who know what the
law requires but have found that the law gets in the way.
For example, they will try to strong-arm ARD committees
into making the “right” decision on manifestation
determination so that long-term disciplinary sanctions are
possible even for behavior clearly related to disability or
inappropriate placement. They are perfectly content
knowing that they are violating the law, and if asked, will
likely say, “What are the odds? Let them sue.”
Eventually, most gunslingers will likely get their wish.
What can make an ARD
committee meeting difficult?
o Officious Interlopers – these are disgruntled employees
who believe they understand the IDEA requirements far
better than anyone who is actually familiar with the IDEA,
but only share their views privately with parents of
students with disability. The parents take what they hear as
gospel, in part, because of the employee’s underlying
message -- “the district doesn’t want you to know these
things.” Not only is the information typically wrong or
incomplete, these employees undermine the parents’
relationship with everyone else in the district since only the
interloper is telling the truth. The result is a misinformed
parent with unrealistic expectations about the district’s
duties under the law and a distrust of the ARD committee
that tries to correct the misinformation.
What can make an ARD
committee meeting difficult?
• The Rude and the Thoughtless – Off-hand
or thoughtless comments by staff about
students with disabilities anger parents, and
can result in long, nasty battles and
complaints. Even if the educator and district
ultimately prevail, time and money and
sleep are lost in the process.
What can make an ARD
committee meeting difficult?
o Thoughtless or disrespectful personnel place the
district in a difficult position – The ARD process
clearly requires cooperation and a certain level of
trust. Unfortunately, off-hand comments by staff
toward either students or parents can destroy or at
least derail civil discourse. As a result of run-ins
with personnel, parents have resorted to due
process to prevent particular employees from
attending ARD meetings with them.
Can the parents veto attendance by
particular district employees at ARD
meetings?
NO – While the district is required to take
steps to ensure that parents are present, the
district is not required to substitute a person
with someone to Ms. Parent’s liking in
order to persuade Ms. Parent to attend.
You reassigned the aide sent
from heaven
Parents do not have the right to control which
employees provide services to the child.
The school district select appropriate
personnel to implement IEP goals and
objectives.
“Silver bullet” methodology
The Supreme Court in Rowley held that the
choice of educational methodologies should
be left to school districts. As a result, a
school does not have to provide Lovassstyle programming (for example), or any
particular type of methodology preferred by
the parent, as long as it implements a
program that is providing educational
benefit to a student.
“And then they duct-taped him
to a chair….”
It is not uncommon for there to have been events or
occurrences that the parent strongly insists should
not occur again. It may be that the student was
forgotten on a school bus until he awoke at the bus
barn, was disciplined in an inappropriate way by a
now-former employee, or perhaps was kept off a
field trip or not allowed to participate at a class
party. Interestingly, the event could be quite old,
or perhaps, may never have occurred at all or
perhaps the event was less traumatic than that
remembered by the parent.
“And then they duct-taped him
to a chair….”
Unfortunately, these events can often serve as a
source of on-going suspicion that undermines
ARD decisions years later. Nothing solves this
problem like current success. If the incident was
investigated by the school and resolved, remind
the parent of the resolution, and then move on.
Gently remind the parent that the past cannot be
changed, and the student’s continued success
depends on the ARD focusing on what he needs
now.
You can’t punish my child, he
has a disability
While IDEA restricts removals as a
disciplinary technique, that restriction does
not mean that students with disabilities are
immune from discipline. Unfortunately,
immunity from discipline is not an
uncommon parent argument. Parents need
to be gently reminded that IDEA does not
restrict the school from imposing discipline,
nor is that in the student’s best interest.
You can’t punish my child, he
has a disability
Note further that where the parent disagrees
with manifestation determination, that
disagreement does not require a recess
should the student’s presence on the campus
present a danger of physical harm to the
student or others, when the student has
committed an expellable offense, or an
offense which may lead to AEP placement.
Do the parents have a right to
dictate the time and location of
the ARD?
No – IDEA does not require that ARD
meetings be scheduled at convenient times
for the parent. It requires that they be
scheduled at a mutually agreed-on time and
place.
I can only meet after 7:00 and
only in my home.
Nope. A parent demand that ARD meetings
be scheduled after work hours and in the
home was rejected by an administrative law
judge.
Can parents refuse to attend an ARD, and
thereby stall an IEP or scuttle a
manifestation determination?
No. A parent cannot “pocket veto” the development of an
IEP by refusing to attend ARD meetings or refusing to
conclude the process. The law allows an ARD to proceed
without parents in attendance when the school is unable to
persuade the parent to attend. This rule applies so long as
there is a record of the school district’s attempts to arrange
a mutually agreeable time and place, including records of
phone calls made or attempted, the results of those calls,
and copies of correspondence sent to the parent and any
responses.
The parent won’t agree with
the other parent.
When the divorce decree grants equal rights to both
parents with respect to educational and legal
decisions, the school must provide “notice” to
both parents. Each parent can generally act alone
to make decisions, leaving the other parent free to
challenge the decisions reaches. In other words,
schools can rely on the consent of only one
divorced parent to move forward in implementing
educational decisions.
What do you do when the parent
walks out in the middle of the meeting
Remember that the concern over parental attendance is to
ensure their right to participate. If the parent’s departure is
an angry one, indicate to the parent that the remainder of
the committee desires to complete the meeting and
encourage the parent to stay. Offering a break during
which the parties can compose themselves may enable the
committee to continue. Should the parent not be interested
in a break, the committee may advise the parent that it will
continue the meeting in the parent’s absence to complete
the IEP. Assume that the parent is in disagreement and
offer a recess.
What do you do when the
parent disagrees
Since IDEA desires consensus, disagreement needs to be
resolved. In Texas, that means we offer a recess. If the
recess is accepted, the parties should agree on the time,
date and place of the recess meeting before leaving the
meeting in which disagreement occurs. Only a single
recess opportunity is offered. The meeting should occur
within 10 school days.
What do you do when the
parent disagrees
The point of the recess is not the passage of time or a coolingoff period, but a refocusing on the reason for disagreement
and efforts designed to bring the parties together. If no
agreement is possible at the recess meeting, the district
shall implement the IEP which it has determined to be
appropriate for the student. The IEP should include a
statement of the basis for disagreement, with members
given the opportunity to write their own statements of
disagreement. The district must provide appropriate notice
to the parents that the IEP will be implemented over
disagreement. The parents, can, of course, file a
complaint, request mediation, or file for due process.
What do you do when the parent
refuses to sign agree or disagree
Assume that the parent’s refusal to sign agree
or disagree is disagreement and offer the
parent a recess. If the recess is refused, the
ARD can implement the IEP. The minutes
should reflect that the parent refused to sign
and refused the offer of a recess.
What do you do when you’re being
held captive in an 9-hour ARD
meeting….
A good response to this problem is prevention.
Where meetings with a particular parent
have been unreasonable long – time limits
are appropriate. In the ARD meeting notice,
advise the parent that there will be a time
limit for the meeting. Can we stop for
today and come back? Of course.
Plan now for the difficult ARD
meeting – you will need
goodwill in the bank
District’s relationships with the parent of
student with disabilities can last many
years. During that time, if the district is
careful and attentive, it can be banking
goodwill in case of problems later in the
relationship. Good communication skills
are key to developing trust.
Put yourself in the parent’s
position…..
Regardless of our level of education,
common-sense and good judgment, we have
each done things as parents that as
professionals we would simply not do.
Some general characteristics found among
parents are as follows:
Put yourself in the parent’s
position…..
– Parents will sometimes lash out at your actions
even if they know the child is wrong and the
district’s response is appropriate.
– Parents want respect for themselves and their
kids.
– Administrative convenience is usually not
perceived by parents as a good reason for
anything.
Put yourself in the parent’s
position…..
- Some parents are still intimidated by
teachers, principals, and other educators,
and may be reluctant to raise issues.
- Parents sometimes want what they think is
best for the child, not what’s fair or right.
- Some parents may never realize that their
view of their child is incorrect. Nothing
you can do or say will change that
Put yourself in the parent’s
position…..
- Parents want to see your concern for their
kids.
- Parents vote for board members, patronize
businesses owned by board members, and
complain directly to board members even
when they know they shouldn’t.
ARD meeting dynamics
• Consider the typical ARD meeting from the parent
perspective. The ARD participants from the school may
already be in the meeting room when the parents arrive.
They have met in a staffing and are generally in agreement
about what will occur. They are well-educated and
professionally attired. They have been trained in
compliance with IDEA and are familiar with the
paperwork. The parent is outnumbered by people who use
terms that are unfamiliar and may even speak a language
that the parent does not understand well. Some parents
will simply not respond cooperatively in this environment.
Educate the parent about the
process and the parent’s role
• Communication is the key to the collaborative process
envisioned by Congress to provide FAPE. At times the
ARD (or at least a member or two) can do more good by
sitting down and talking with a parent about the child than
by any other activity. IDEA is complex – when the parent
can get answers to concerns at school, everyone benefits.
If the parent seems confused or uncertain about what to do,
provide some simple reminders about the parent’s role in
the meeting. Be accurate about the school district’s legal
duties and the law’s requirements.
Build relationships of trust and
respect with parents
Don’t just sit there. Get up from the table
and greet the parent with a handshake.
If you can’t solve the problem, help the parent get
in contact with someone who can solve it. If
the problem can’t be solved, listen anyway,
acknowledge the problem and be empathetic
Build relationships of trust and
respect with parents
Be approachable/accessible. Parents may not
employ an attorney if they believe that they
can talk to you and resolve things fairly.
Listen carefully, even if you think the
concern is wacky.
Don’t let required procedure distract you from
humanity
Build relationships of trust and
respect with parents
Avoid technical language whenever possible as it may not be
understood by the parent and may be perceived as an
attempt to talk over the parent’s head.
To ensure participation and input, ask open-ended questions
of the parent and do not interrupt the answer. Listen for
verbal clues about possible concerns and follow up with
additional questions. The more information you can elicit,
the more involved the parent and the more likely the parent
will support the ultimate committee decision.
Use humor appropriately as a way to connect with parents
and break the ice.
PREPARING FOR THE
“HARD” ARD