Reconvene ARDs

What's Required

  • A decision of the ARD committee concerning required elements of the IEP must be made by mutual agreement if possible. 89.1050(g) TEC 29.005(b)

  • When mutual agreement about all required elements of the IEP is not achieved, the parent who disagrees must be offered a single opportunity to recess and reconvene the ARD committee meeting. 89.1050(g)(1)

  • The period of time for reconvening the ARD committee meeting must not exceed 10 school days, unless the parties mutually agree otherwise. 89.1050(g)(1)

  • The ARD committee must schedule the reconvened meeting at a mutually agreed upon time and place. 89.1050(g)(1)

  • The opportunity to recess and reconvene is not required when the child's presence on the campus presents a danger of physical harm to the child or others or when the child has committed an expellable offense or an offense that may lead to a placement in a disciplinary alternative education program. 89.1050(g)(1)

  • During the recess, the ARD committee members must: 89.1050(g)(2)

    • Consider alternatives;

    • Gather additional data;

    • Prepare further documentation; and/or

    • Obtain additional resource persons who may assist in enabling the ARD committee to reach mutual agreement.

  • When an ARD committee agrees to recess and reconvene due to a lack of mutual agreement about one or more of the required elements of the IEP, the parent and the LEA may request an independent facilitator from the Texas Education Agency (TEA) by completing and submitting the required form within five days of the ARD committee meeting that ended in disagreement. 89.1197 TEC 29.020

  • If a recess is implemented and the ARD committee still cannot reach mutual agreement, the LEA must implement the IEP that it has determined to be appropriate for the child. 89.1050(g)(3)

  • The ARD committee may recess an ARD committee meeting for reasons other than the failure to reach mutual agreement about all required elements of an IEP. 89.1050(g)(1)

MUTUAL AGREEMENT

What We Do


If an ARD/IEP Meeting ends in without achieving mutual agreement between the parent and the school district, the following steps must be completed:


  1. The deliberations of the meeting must clearly document the areas in which the parent and the district are not in agreement.

  2. Screens 1 & 2 for the Non-Consensus ARD/Prior Written Notice must be completed in the student data management system during the ARD.

  3. The committee must agree upon a time and date to reconvene of not more than 10 days and document this date and time in the deliberations and on screen 2 of the Non-Consensus ARD/Prior Written Notice in the student data management system during the ARD.

  4. A copy of the Notice of Procedural Safeguards is given to the parent and their rights regarding non-consensus ARDs are described to them.

  5. All members of the committee must sign the signature page, if the parent is in disagreement, ensure that the parent notes the disagreement on the signature page. 

  6. The non-consensus meeting is archived in the student management system with all of the information that has been presented to the committee.

  7. For the reconvening of the meeting, all members who participated in the first meeting must return unless they had been previously dismissed with agreement from the committee.

  8. The reconvene meeting will address only the areas that were not agreed upon in the previous meeting using the student data management system program screens 3 & 4  for Non-Consensus ARD/Prior Written Notice.

  9. A line will be placed in the deliberations notating where the reconvene meeting has started and the discussion that took place in the meeting.

  10. If the reconvene meeting does not end in consensus, the ARD Committee will sign, with disagreement showing on the signature page.

    1. We do not continue the reconvene process and meet again, if the ARD committee does not reach mutual agreement at the reconvene ARD. 

  11. The administrator/district representative will ensure the parent is provided a review of their rights as noted in the procedural safeguards and their steps regarding nonconsenus. 

  12. The district must implement the services that the district deems promotes meaningful educational benefit as designed in the IEP.

  13. If the parent does not waive the 5 day prior written notice of decision of change, services will begin after the 5 days.

  14. The ARD is to be archived and include the Non-Consensus ARD/Prior Written Notice Screens

  15. Email both the PEIMS Clerk & IEP Clerk to report that an archive of the ARD document has occurred.  Include the student’s name, ID number, type of document archived and date of the archive in the email correspondence.

  16. If the district receives notification from the Texas Education Agency that the parent has filed for due process, the "stay put" provision is immediately implemented.  It states that during the pendency of any due process proceedings, the child shall remain in the then-current educational placement. 20 U.S.C. § 1415 (j), meaning the child will receive services as aligned in the previously agreed upon ARD where consensus was met. 



Comments