Effective February 18, 2009
Final Regulations have been issued to clarify and strengthen current IDEA 2004 regulations. The areas that were affected by the changes included parental consent for continued special education and related services; non-attorney representation in due process hearings; State monitoring, technical assistance, and enforcement; and, allocation of funds. The regulations also included a statutory requirement that was inadvertently omitted from the 2006 regulations relating to positive efforts to employ and advance in employment individuals with disabilities. These regulations became effective December 31, 2008.
A summary of the major changes in the final regulations is as follows:
An addendum, based on the parent revocation requirement, has been added to A Guide to the Admission, Review, and Dismissal (ARD) Process document. The ARD Guide is a comprehensive, easily understood document which explains the individualized education program (IEP) process for students receiving special education services and incorporates parents’ rights and responsibilities concerning the ARD process. The ARD Guide and ARD Guide addendum are available on the ESC 18 Legal Framework website at http://framework.esc18.net/.
The ARD Guide addendum states that parents now have the right to revoke consent at any time for the continued provision of special education and related services for their children. The effective date of this provision was December 31, 2008. Districts will be required to disseminate a copy of the ARD Guide addendum to parents of students with disabilities receiving special education services as soon as possible but no later than the end of the 2008-09 school year.
The Notice of Procedural Safeguards: Rights of Parents of Students with Disabilities, which explains the specific rights and responsibilities for parent in the special education process, has been updated to reflect the changes in the federal regulations. Please note that districts are allowed to continue to disseminate copies of the Procedural Safeguards printed prior to December 31, 2008, when the new federal regulations became effective. Districts using the old version of the Procedural Safeguards must inform parents of the new federal regulation regarding the parent revocation requirement when providing parents with a copy of the Procedural Safeguards. Districts are encouraged to use the ARD Guide addendum to facilitate that discussion.
Related Topics: Guidance on the production and required dissemination of the ARD Guide and Procedural Safeguards
Special Education Main Page
Texas Education Agency | Division of IDEA Coordination
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560
Last Updated: May 7, 2009 | Created: February 18, 2009
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