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ARC Chairperson defined......
707 KAR 1:320. Individual education program. Section 3. ARC Membership. d) A representative of the LEA who is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities, is knowledgeable about the general curriculum and the availability of the resources of the LEA
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Local district policies provide further information regarding qualifications for being appointed as the LEA representative for that specific district. Example language from local district policies may resemble the following: The Superintendent, in consultation with the DoSE, will recommend to the Board for approval a list of Kentucky School District Representatives by job or position title. The Superintendent, or designee, may designate which specific staff member on that approved list will serve as the Kentucky School District Representative for any ARC meeting. A sample notice may be found HERE.
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TRAINING
ARC Chairpersons must receive training to perform their roles and responsibilities as LEA Representatives. Training should be on-going and tailored to the knowledge level of the individuals serving in the role of a LEA Representative. Directors of Special Education should oversee the process and ensure that adequate training is provided. Kentucky's Special Education Cooperatives provide ARC Chairperson training upon request and have also created training modules and materials which may be utilized by district Directors to self-train.
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SP. ED. COOPERATIVE ONLINE TRAINING MODULES
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TRAINING MATERIALS/RESOURCES
ARC Chairperson Resources
ARC Chairpersons should have knowledge of the requirements and procedures of IDEA. In addition ARC Chairperson should be familiar with the Kentucky Administrative Regulations and their local Special Education Policies and Procedures.
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Regulations
ARC Chairperson Resources for Meetings
ARC Meeting Processes
The ARC Chair facilitates the ARC meeting by leading discussion of the topics identified in the ARC notice of meeting provided to parents and other applicable members of the ARC team. To assist the ARC chair with covering items for various meetings, process agendas are strongly encouraged. Sample process agendas may be found below.
Procedural Safeguards
707 KAR 1:340. Procedural safeguards and state complaint procedures. Section 4. Procedural Safeguards Notice. (1) A copy of the procedural safeguards notice (including, parent’s rights) shall be given to the parents of a child with a disability one (1) time a school year. A copy of the notice shall also be provided to the parent: (a) Upon initial referral or parent request for evaluation; (b) Upon the receipt of the first state written complaint; (c) Upon the receipt of the first filing of a due process hearing in a school year; (d) In accordance with the discipline procedures in which a decision is made to remove a student, which constitutes a change in placement, because of a violation of the code of student conduct; and (e) Upon request by a parent.
(2) The procedural safeguards notice shall include a full explanation of all the procedural safeguards available under 707 KAR Chapter 1 and 34 C.F.R. 300.504.
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ARC Chairpersons should ensure that parents are not only provided a copy of the procedural safeguards in their native language at appropriate times but that they receive a full explanation of the procedural safeguards as well.
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Educational Representative
The ARC Chair should ensure the appropriate educational representative is invited to ARC meetings. In addition, the ARC Chair should verify that the individual present at an ARC meeting is the appropriate educational representative for the student being discussed. For detailed information on Educational Representatives, click HERE.
Meaningful Parent Participation
The LEA (Local Education Agency) must invite the parent to participate in an ARC meeting. If the parent is unable to attend, alternate means for participation must be offered (707 KAR 1:340). The LEA must document all attempts to arrange a mutually agreed upon time and place of an ARC meeting.
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When parents are present at an ARC meeting, it is important the ARC chairperson actively involve them in meeting discussions and decisions. To assist in the process, the ARC chairperson should explain the process and limit jargon as much as possible. Providing parents with literature that assist with understanding the special education process and services should aid the ARC chair with engaging parents meaningfully in the ARC process.
Consensus/Conflict Resolution
The ARC Chair has the responsibility of assisting the ARC committee in reaching consensus in its decision-making and with conflict resolution, if necessary.
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If consensus is not reached, it is the responsibility of the LEA (Local Education Agency) to make special education and related services recommendations. If parents disagree, they have access to dispute resolution options including mediation, administrative complaints, and due process hearings. [Letter to Richards, 55 IDELR 107 (OSEP 2010)]
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The ARC Chair has the responsibility of informing parents of the process for resolving conflicts. An explanation of each conflict resolution option along with the model forms used to request each process may be found HERE.
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