Parents of a student who received special education services filed a complaint with the Texas Education Agency, arguing that they were not given opportunities for meaningful participation at ARD meetings and that their child did not receive appropriate accommodations.

After a hearing on the complaint, the hearing examiner found the student was eligible for special education based upon the criteria of autism, ADD and other health impairment. The student demonstrated difficulties in social relationships, attention and organizational skills. The student completed all courses with passing grades and largely “A’s” and “B’s,” and was promoted. The next year, however, the student began to fail classes and there were indications the academic problems involved poor organizational skills. An ARD was convened. The parents requested several accommodations, including one-on-one tutoring. The committee adopted some of the proposed accommodations, but not all.

The meeting did not end in consensus and was reconvened the following month. The parents again requested accommodations. The parents’ requests were so numerous that they could not recall them all when testifying at the hearing. The student completed the school year with all passing grades and was promoted despite the ARD committee’s decision not to adopt all of the accommodations requested by the parents.

The hearing examiner found that the district complied with its obligation to provide the child with a free and appropriate public education and that the services provided satisfied the requirement of the law. The parents’ complaint was dismissed.