Question Am I allowed to take my 5 days at a reconvened ARD? I was told I could and I did. However the committee wanted me to sign the attendance sheet and check off that I agreed with the ARD. If I didn't the ARD would default into a disagreed ARD. All I wanted was the opportunity to read the ARD before signing it. I never signed the attendance page and went home to read it over. I did sign the paper that allows me to take 5 days to look everything over. I went up to school 2 days later to sign the attendance page and was told I could not sign it. That there was no point to checking off that I agree because its a disagreed ARD and they are going to do what they want to. Was my 5 days violated? Isn't it illegal not to have a parent signature on the attendance page after all they now have no record that a parent attended. Why do I feel like I'm being strong armed into disagreeing with this ARD or strong armed into signing I agree with the ARD when I haven't read it over? Why take your 5 days then?
Everyone attending an IEP (called ARD in Texas) should sign for attendance, including you. This in no way obligates you to anything, it just makes a verified list of attendees for the recrocd. But you have the right to not sign that you agree with the ARD at the meeting. The law says you can take it with you to review, discuss with an advocate, or others, before you decide to sign. You do have to indicate if you are agreeing or disagreeing with it within 15 days.
You also have the right to agree with those parts of the ARD you select and disagree with others. The ones you disagree with go to "stay put" meaning what was called for in the last ARD signed by you continues.
The law does not allow them to implement anything in the new ARD until you accept it by signing the ARD agreeing to it. This includes placement and services. Their concept of a "disagreed ARD" is not valid under the federal law, which supersedes state law, even in Texas.
I wish you and your child the best,
Tim Runner, Advocate
Advocates for Kids
Phone: (949) 582-3601
You can learn more at my web site:
Questions concerning special education: IEP, assessments, Due Process, mediation, resolution conference, federal law, state law, qualifying for services, residential treatment, special day classes, resource specialists, procedures, having your child assessed, adaptive PE, speech & language, non-public school, FAPE, and tuition reimbursement.
I have been an education advocate representing students and parents for six years. My experience includes: representing my clients in IEPs, SSTs, Due Process, review assessment results for my clients, and mediations. I have represented clients with learning disabilities, autism, Downs Syndrome, cognitively challenged, emotional problems, learning disabilities, ADD/ADHD, and physical disabilities. I have also represented clients to County Mental Health Departments and Regional Centers. My clients range from pre-school to college students in many states.
Education/Credentials I have a degree in Mathematics from the University of California with minors in Psychology and Physics. I also studied applied statistics in psychology at the graduate level. I have taught college classes, conducted seminars, written articles for various publications, and testified as an expert witness.