EHBAE(LEGAL) -

Procedural Safeguards

  1. An opportunity for the parents to review all education records and to participate in meetings relating to the identification, evaluation, and educational placement of the child and the provision of FAPE to the child. 34 C.F.R. 300.501
  2. An opportunity for the parents to obtain an independent educational evaluation of the child. 34 C.F.R. 300.502
  3. Protecting the rights of a child when no parent can be identified, a district cannot locate the parents, or the child is a ward of the state, which may include the assignment of an individual to act as a surrogate parent. 34 C.F.R. 300.519
  4. Prior written notice to the parents when a district proposes to initiate or change, or refuses to initiate or change, the identification, evaluation, or educational placement of the child, or the provision of FAPE to the child. 34 C.F.R. 300.503 [See Prior Notice and Consent, below]
  5. Procedures to allow parties to resolve disputes through a mediation process. 34 C.F.R. 300.506
  6. An opportunity for any party to file a due process complaint on any matter relating to the identification, evaluation, or educational placement of the child, or the provision of FAPE to the child. [See Dispute Resolution, below] 34 C.F.R. 300.507
  7. Procedures that require either party, or the attorney representing a party, to provide to the other party a due process complaint (which shall remain confidential). 34 C.F.R. 300.508

Consent

  1. The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;
  2. The parent understands and agrees in writing to the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and
  3. The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. A revocation of consent is not retroactive.

Language of Notices

Electronic Delivery of Notices

Procedural Safeguards Notice

  1. Upon initial referral or parental request for evaluation;
  2. Upon receipt of the first state complaint and upon receipt of the first due process complaint in a school year;
  3. On the date of a decision to make a disciplinary removal that is a change in placement; and
  4. Upon request by a parent.

Contents of Notice

  1. Independent educational evaluations;
  2. Prior written notice;
  3. Parental consent;
  4. Access to educational records;
  5. Opportunity to present and resolve complaints through the due process complaint and state complaint procedures, including:
    1. The time period in which to file a complaint;
    2. The opportunity for the district to resolve the complaint; and
    3. The difference between the due process complaint and the state complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional time lines, and relevant procedures.
  6. The availability of mediation;
  7. The child's placement during pendency of any due process proceedings;
  8. Procedures for children who are subject to placement in an interim alternative educational setting;
  9. Requirements for unilateral placement by parents of children in private schools at public expense;
  10. Hearings on due process complaints, including requirements for disclosure of evaluation results and recommendations;
  11. Civil actions, including the time period in which to file such actions; and
  12. Attorneys' fees.

Prior Notice and Consent

Contents of Notice

  1. A description of the action proposed or refused by the district;
  2. An explanation of why the district proposes or refuses to take the action;
  3. A description of each evaluation procedure, assessment, record, or report the district used as a basis for the proposed or refused action;
  4. A statement that the parents have protection under the procedural safeguards and, if this notice is not an initial referral for evaluation, the means by which a copy of the procedural safeguards can be obtained;
  5. Sources for parents to contact to obtain assistance in understanding the IDEA rules;
  6. A description of other options the ARD committee [see EHBAB] considered and the reasons why those options were rejected; and
  7. A description of other factors that are relevant to the district's proposal or refusal.

Consent to Initial Evaluation

Consent to Services

Consent to Reevaluation

Psychological Examinations and Tests

  1. The name and type of the examination or test; and
  2. An explanation of how the examination or test will be used to develop an appropriate individualized education program (IEP) for the child.

Dispute Resolution

  1. ARD committee meetings, including IEP facilitation if offered by the district, under 19 Administrative Code 89.1196;
  2. Meetings or conferences with the student's teachers;
  3. Meetings or conferences, subject to the district's policies, with the campus principal, special education director, superintendent, or board;
  4. Requesting state IEP facilitation in accordance with 19 Administrative Code 89.1197;
  5. Requesting mediation through TEA in accordance with 19 Administrative Code 89.1193;
  6. Filing a complaint with TEA in accordance with 19 Administrative Code 89.1195; or
  7. Requesting a due process hearing through TEA in accordance with 19 Administrative Code 89.1151–.1191.

Due Process Complaint

Timeline

Exception

  1. A specific misrepresentation by a district that it had resolved the problem forming the basis of the complaint; or
  2. A district's withholding of information from the parent that the district was required by the IDEA to provide.

"Stay Put"

Exception

Resolution Process

Transfer of Rights to Adult Students

  1. Provide to the student and the student's parents:
    1. Written notice regarding the transfer of rights; and
    2. Information and resources regarding guardianship, alternatives to guardianship, including a supported decision-making agreement under Estates Code, Chapter 1357, and other supports and services that may enable the student to live independently; and
  2. Ensure that the student's IEP includes a statement that the district provided the required notice, information, and resources.

Notice

Special Education Decision-Making for Children in Foster Care

  1. The Department of Family and Protective Services (DFPS) is appointed as the temporary or permanent managing conservator of the child;
  2. The rights and duties of the department to make decisions regarding education provided to the child under Family Code 153.371 have not been limited by court order; and
  3. The foster parent agrees to:
    1. Participate in making special education decisions on the child's behalf; and
    2. Complete a training program that complies with minimum standards established by agency rule.

Training

  1. DFPS;
  2. A school district;
  3. An education service center; or
  4. Any other entity that receives federal funds to provide special education training to parents.

Appointment of Surrogate Parent for Certain Children

  1. DFPS is appointed as the temporary or permanent managing conservator of the child; and
  2. The rights and duties of the department to make decisions regarding the child's education under Family Code 153.371 have not been limited by court order.
  1. Be willing to serve in that capacity;
  2. Exercise independent judgment in pursuing the child's interests;
  3. Ensure that the child's due process rights under applicable state and federal laws are not violated;
  4. Complete a training program that complies with minimum standards established by agency rule within the time specified in Education Code 29.015(b);
  5. Visit the child and the school where the child is enrolled;
  6. Review the child's educational records;
  7. Consult with any person involved in the child's education, including the child's:
    1. Teachers;
    2. Caseworkers;
    3. Court-appointed volunteers;
    4. Guardian ad litem;
    5. Attorney ad litem;
    6. Foster parent; and
    7. Caregiver; and
  8. Attend meetings of the child's ARD committee.

Crandall ISD

EHBAE(LEGAL)-P

UPDATE 111

DATE ISSUED: 7/10/2018