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1. What is my role in the ARD committee?
A parent is a committee member just the same as the district employees. Theoretically, the committee is to function as a holistic group, however, it often ends up- district v. parents.
2. Does the district have to include the parent in the committee meetings?
Yes, for any ARD meeting held under the IDEA.
No, not necessarily for a 504 committee meeting, although most districts will include the parent, the statutes and regulations for 504 do not mandate it.
3. Can a student receiving special education services be expelled from school?
Yes, but only after the ARD committee has met to determine whether the conduct underlying the anticipated expulsion was not a "manifestation" of the student's disability. This "manifestation" ARD usually takes place just minutes prior to the expulsion hearing, or Level I hearing at the local school. Sometimes it is conducted after the Level I hearing. In any event, the ARD committee must make a manifestation decision prior to any change in placement. The standard 3-day suspension pending the Level I hearing is not a change in placement. The 10 day rule is still in effect, meaning, any removal lasting more than 10 days is considered a change in placement. A series of 3 day suspensions totaling 10 days or more, in close proximity, can constitute a change in placement.
4. Can the District expel my child and make them attend the JJAEP program?
Currently, the answer seams to be Yes. Although, there is no direct authority to support this post-expulsion placement by the district. Several districts are now mandating JJAEP as the educational placement following an expulsion, and threatening to refuse re-admittance into the district after the expulsion term is complete if the student did not complete the JJAEP program. If the student is served under IDEA or 504, then the proper committee must determine that the JJAEP placement is proper. Parents often ask about providing home school or private school in lieu of JJAEP. Again, the district may refuse re-admittance until completion of JJAEP. Also, the juvenile court is going to get notice of the expulsion, and the judge may order the JJAEP as well. The law is clear on the court's authority to order the placement, but is silent as to the district's ability to require it. One day I will have the right case to challenge this practice. In my opinion, the district's authority ends with the expulsion.
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