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February 15, 2012

February 15, 2012. Effective Deliberations: Why do minutes matter?. Legal Standard. 5 th Circuit Court of Appeals (1997). 4 factor test for FAPE: Individualized program LRE Service provided in coordinated and collaborative manner Demonstrated academic and non-academic benefits

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February 15, 2012

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  1. February 15, 2012

  2. Effective Deliberations:Why do minutes matter?

  3. Legal Standard 5th Circuit Court of Appeals (1997) 4 factor test for FAPE: • Individualized program • LRE • Service provided in coordinated and collaborative manner • Demonstrated academic and non-academic benefits Cypress-Fairbanks v. Michael F.

  4. Legal Standard 19 T.A.C. § 89.1050(e). The written report of the ARD committee shall document the decisions of the committee with respect to the issues discussed at the meeting.

  5. MINUTES MATTER Don’t Skimp Prepare minutes in advance Create a transcript Include administrative explanations

  6. MINUTES MATTER Do Ask for Parent input Identify Parent’s response Explain alternatives Identify decisions (note Parent agreement or disagreement) Identify promises and commitments

  7. Parent Input • Minutes must reflect decisions, not just conversations • Make sure that each discussion of alternatives results in a decision • Identify Parent’s response to a request for agreement

  8. Promises, promises… • Who is responsible for ensuring that promises and commitments are met? • Purely Administrative promises should not be included

  9. Practical Tips Quality Instead of QuantityDocument responsivenessDocument consideration of assessmentDocument collaboration

  10. Tips… Document benefits Distinguish discussions from decisionsIdentify issues of disagreementDocument LRE consideration

  11. Tips… Seek agreement as you go Allow Parent to attach a written statement

  12. erodriguez@wabsa.com

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