Guidance Regarding Supplemental Federal Regulations 34 CFR Part 300

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:

• 34 CFR §300.300(b)(4) has been revised to require parental revocation of consent for the continued provision of special education and related services be in writing; and upon revocation of consent, a public agency must provide the parent with prior written notice in accordance with 34 CFR §300.503.

  Question and Answer document on Parent Revocation Requirement

• The exception clause in 34 CFR §300.512(a)(1), regarding the right to be represented by non-attorneys during due process hearings, has been revised to apply to any party to a hearing, not just parents. The TEA Division of Legal Services is reviewing this issue and may refer this matter to the State Bar of Texas for a determination. Questions can be directed to the TEA Division of Legal Services at (512) 463-9720.

• The timeline in 34 CFR §300.602(b)(1)(i)(A), regarding the State’s public reporting on the performance of each district located in the State, has been changed from 60 days to 120 days following the State’s submission of the annual performance report to the Secretary.

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/.

Required Dissemination
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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