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Authority: 34 C.F.R. Part 300; Texas Education
Code ( TEC); 19 T.A.C. Chapter 89. |
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PRIOR WRITTEN NOTICE
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FEDERAL
AND STATE REQUIREMENTS |
CITATIONS
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NOTICE OF ARD MEETING (INVITATION TO
MEETING) |
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Provide
written notice in language understandable to the general public. |
300.503(c)(1)(i) |
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Provide written
notice in the native language of the parent, or other mode of communication used by the
parent, unless clearly not feasible to do so.
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300.503(c)(1)(ii)
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Document date notice sent and
date of meeting (unless the parents
agree otherwise, provide written
notice to the parents at least five school days prior to
meeting). |
300.345(a)
89.1015 |
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Indicate: |
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- The time and
location of the meeting.
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300.345(b)(1)(i) |
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- Who will be in
attendance.
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300.345(b)(1)(i) |
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- That the parent or the district may invite other individuals who have
knowledge or special expertise regarding the student, including related
services personnel as appropriate.
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300.344(a)(6)
300.344(c)
300.345(b)(1)(ii) |
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- That the determination of the
knowledge or special expertise shall be made by the parent or
district who invited the individual to be a member of the ARD committee.
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300.344(c)
300.345(b)(1)(ii) |
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Describe purpose of the ARD
meeting (including a description of the action(s) proposed). |
300.345(b)(1)(i)
300.503(b)(1) |
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Inform
the parents of the functions of the ARD committee and the
circumstances or types of problems for which requesting an ARD committee
meeting would be appropriate. |
89.1045(b) |
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Provide an explanation
of why the district proposes the meeting. |
300.503(b)(2) |
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Describe any other
options to having an ARD meeting that the district considered and the
reasons why those options were rejected. |
300.503(b)(3) |
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Describe each
evaluation procedure, test, record, or report the district used as a basis
for the proposed ARD meeting. |
300.503(b)(4) |
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Describe any other
factors that are relevant to the district's proposal to have an ARD meeting.
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300.503(b)(5) |
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For a student with a
disability beginning at age 14, or younger, if appropriate:
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300.345(b)(2)
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- Indicate that a purpose of the meeting will be the
development of a statement of the transition services needs of the student.
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300.345(b)(2)(i) |
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- Indicate that the district will invite the
student.
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300.345(b)(2)(ii) |
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For a student with a
disability beginning at age 16, or younger, if appropriate:
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300.345(b)(3)
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- Indicate that a purpose of the meeting is the
consideration of needed transition services for the student.
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300.345(b)(3)(i) |
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- Indicate that
the district will invite the student.
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300.345(b)(3)(ii) |
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- Identify any other agency that will be invited to
send a representative.
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300.345(b)(3)(iii) |
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Include a statement
that the parents of a student with a disability have
protection under the procedural safeguards of this part and, if this notice
is not an initial referral for evaluation, the means by which a copy of the
description of the
procedural safeguards
can be obtained. |
300.504(a)(2)
300.503(b)(6)
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List sources for the
parents to contact to obtain assistance in understanding the
provisions of this part. |
300.503(b)(7)
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If the native language
or other mode of communication of the parent is not a written
language, there is written evidence:
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300.503(c)(2) |
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- That the notice was translated orally or by other
means to the parent in his or her native language or other
mode of communication.
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300.503(c)(2)(i)
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- That the parent understands the content of the
notice.
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300.503(c)(2)(ii)
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If the meeting was
conducted without a parent in attendance, record attempts to
arrange a mutually agreed on time and place, such as:
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300.345(d) |
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- Detailed records of telephone calls made or
attempted and the results of those calls.
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300.345(d)(1) |
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- Copies of correspondence sent to the parents/adult
student and any responses received.
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300.345(d)(2) |
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- Detailed records of visits made to the
parent's/adult student's home or place of employment and the results
of those visits.
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300.345(d)(3) |
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Provide a copy of the
procedural safeguards
notice. |
300.504(a)(2)
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A student with a disability who is 18 years of age
or older or whose disabilities of minority have been removed for general
purposes under Chapter 31, Family Code, shall have the same right to make
educational decisions as a student without a disability, except that the
school district shall provide any notice required by IDEA, Part B to both
the student and the parents. A notice of an admission, review, and
dismissal (ARD) committee meeting does not constitute invitation to, or
create a right for, the parent to attend the meeting. All other rights accorded to parents
under IDEA, Part B transfer to the student. All rights accorded to
parents under IDEA, Part B transfer to students who are incarcerated in an
adult or juvenile, state or local correctional institution. See
the
Notice of Transfer of Parental
Rights section of this framework. |
TEC 29.017
89.1049(d)
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Notice of
Evaluation |
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Provide
written notice in language understandable to the general public.
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300.503(c)(1)(i) |
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Provide
written notice in the native language of the parent or other
mode of communication used by the parent, unless clearly not feasible to do
so. |
300.503(c)(1)(ii) |
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Indicate date
notice sent (unless the parents agree otherwise, provide written
notice to parents at least five school days prior to
evaluation.) |
89.1015
300.503(a)(1) |
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Describe the proposed
evaluation. |
300.503(b)(1)
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Explain why the district
proposes to conduct the evaluation. |
300.503(b)(2)
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Describe any
other options the district considered before proposing the evaluation
and the
reasons why those options were rejected. |
300.503(b)(3)
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Describe each evaluation
procedure, test, record or report the district used as a basis for the
proposed evaluation. |
300.503(b)(4)
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Describe any other
factors that are relevant to the district’s proposal to evaluate.
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300.503(b)(5)
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Include a statement that the
parents of a student with a disability have protection under
the procedural safeguards of this part and, if this notice is not an initial
referral for evaluation, the means by which a copy of the description of the
procedural safeguards can be obtained. |
300.503(b)(6)
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List sources for
parents to contact to obtain assistance in understanding the
provisions of this part. |
300.503(b)(7)
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If the native language
or other mode of communication of the parent is not a written
language, provide written evidence: |
300.503(c)(2) |
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- That the notice was translated
orally or by other means to the parent in his or her native
language or other mode of communication.
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300.503(c)(2)(i) |
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- That the parent understands the content of the notice.
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300.503(c)(2)(ii) |
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Provide a copy of the
procedural safeguards
notice. |
300.504(a)(2)
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Obtain
Consent
for Full and Individual Evaluation. |
300.505(a)(1)(i)
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A student with a disability who is 18 years of age
or older or whose disabilities of minority have been removed for general
purposes under Chapter 31, Family Code, shall have the same right to make
educational decisions as a student without a disability, except that the
school district shall provide any notice required by IDEA, Part B to both
the student and the parents. All other rights accorded to parents
under IDEA, Part B transfer to the student. All rights accorded to
parents under IDEA, Part B transfer to students who are incarcerated in an
adult or juvenile, state or local correctional institution. See
Notice
of Transfer of Parental Rights |
TEC 29.017 |
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Notice of Proposal or Refusal |
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Provide written notice in language understandable to the general public.
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300.503(c)(1)(i) |
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Provide
written notice in the native language of the parent or other
mode of communication used by the parent, unless clearly not
feasible to do so. |
300.503(c)(1)(ii) |
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Indicate date
notice sent (unless the parents agree otherwise, provide written notice
to parents at least five school days
prior to acting on proposal or refusal.) |
89.1015
300.503(a)(1) |
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Describe action
proposed or refused (indicate category below): |
300.503(a)(1) (i)
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300.503(a)(1) (i)
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300.503(a)(1)(i) |
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300.503(a)(1) (i)
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- Other elements of a free appropriate public
education (FAPE).
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300.503(a)(1) (i)
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If a
ten-day recess was implemented and the ARD committee still could not reach
mutual agreement, the district shall implement the IEP which it has
determined to be appropriate for the student. When a district implements an
IEP with which the parent or adult student disagrees, provide prior written
notice to the parents or adult student. |
89.1050(h)(4)
89.1050(h)(6) |
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Explain reasons why action
was proposed or refused. |
300.503(b)(2) |
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Describe any other options
the district considered before proposing or refusing to take the described
action(s), and the reasons why those options were rejected. |
300.503(b)(3) |
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Describe each
evaluation procedure, test, record or report the district used as a basis
for the proposed or refused action(s). |
300.503(b)(4) |
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Describe any other
factors that are relevant to the district’s proposal or refusal.
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300.503(b)(5) |
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Include a statement
that the parents of a student with a disability have
protection under the procedural safeguards of this part and, if this notice
is not an initial referral for evaluation, the means by which a copy of the
description of the
procedural
safeguards can be obtained. |
300.504(a)(2)
300.503(b)(6) |
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List sources for
parents to contact to obtain assistance in understanding the
provisions of this part. |
300.503(b)(7) |
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If the native language or other mode of
communication of the parent is not a written language, provide
written evidence:
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300.503(c)(2) |
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- That the notice was translated orally or by other
means to the parent in his or her native language or other
mode of communication.
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300.503(c)(2)(i) |
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- That the parent understands the
content of the notice.
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300.503(c)(2)(ii) |
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A student with a disability who is 18 years of age
or older or whose disabilities of minority have been removed for general
purposes under Chapter 31, Family Code, shall have the same right to make
educational decisions as a student without a disability, except that the
school district shall provide any notice required by IDEA, Part B to both
the student and the parents. All other rights accorded to parents
under IDEA, Part B transfer to the student. All rights accorded to
parents under IDEA, Part B transfer to students who are incarcerated in an
adult or juvenile, state or local correctional institution.
See
Notice of Transfer of Parental
Rights. |
TEC 29.017 |
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Notice of Transfer of Parental
Rights |
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At least one year before a student reaches 18 years of
age, inform the student that, unless the student's parent or other
individual has been granted guardianship of the student under the Probate
Code, Chapter XIII, Guardianship: |
89.1049(a) |
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- The adult student will have the same right to
make educational decisions as a student without a disability.
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TEC 29.017(a) |
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- The parental rights once accorded to the
parent under the IDEA will transfer to the student upon reaching age 18,
other than the right to receive any notice required under IDEA, Part B.
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TEC 29.017(a)
300.517(a)(1)(i)
89.1049(a) |
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- Any notice required under the IDEA, Part B will be provided
to both the parent and adult student, unless the
student is incarcerated in an adult or juvenile, state or local
correctional institution.
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TEC 29.017(a)
300.517(a)(1)(i)
300.517(a)(2)
89.1049(a)
89.1049(b) |
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At the time the student reaches the age
of 18, unless the student's parent or other individual has been granted
guardianship of the student under the Probate Code, Chapter XIII,
Guardianship:
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300.517(a)
89.1049(c) |
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Inform parent and student that parental rights have
transferred to the student.
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300.517(a)
89.1049(c) |
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- Inform parent and student that the adult student
has the same right to
make educational decisions as a student without a disability.
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TEC 29.017(a) |
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- Inform parent and student that the parental rights once accorded to the
parent under the IDEA have transferred to the adult student.
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TEC 29.017(a)
300.517(a)
89.1049(c) |
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Inform parent and student that any notice required under the IDEA will be provided
to both the parent and adult student, unless the
student is incarcerated in an adult or juvenile, state or local
correctional institution.
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TEC 29.017(a)
300.517(a)(1)(i)
300.517(a)
89.1049(a) |
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- Provide contact information for the parties to use in obtaining
additional information.
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89.1049(c) |
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A notice under IDEA, Part B that
is required to be given to an adult student and parent does not create a
right for the parent to consent to or participate in the proposal or refusal
to which the notice relates. For example, a notice of an ARD committee
meeting does not constitute invitation to, or create a right for, the parent
to attend the meeting. However,
the adult student or the school district may invite individuals who have
knowledge or special expertise regarding the student, including the parent. |
89.1049(d) |
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Nothing prohibits a valid
power of attorney from being executed by an individual who holds rights
under IDEA, Part B. |
89.1049(e) |