Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 2 - CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS › Section 89.1049 - Parental Rights Regarding Adult Students

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with 34 Code of Federal
					 Regulations (CFR), §300.320(c) and §300.520, and Texas Education Code
					 (TEC), §29.017,
					 beginning at least one year before a student reaches 18 years of age, the
					 student's individualized education program (IEP) must include a statement that
					 the student has been informed that, unless the student's parent or other
					 individual has been granted guardianship of the student under the Probate Code,
					 Chapter XIII, Guardianship, all rights granted to the parent under the
					 Individuals with Disabilities Education Act (IDEA), Part B, other than the
					 right to receive any notice required under IDEA, Part B, will transfer to the
					 student upon reaching age 18. Beginning with the 2018-2019 school year, the IEP
					 must also state that the student has been provided information and resources
					 regarding guardianship, alternatives to guardianship, including a supported
					 decision-making agreement under Texas Estates Code, Chapter 1357, and other
					 supports and services that may enable the student to live independently. After
					 the student reaches the age of 18, except as provided by subsection (b) of this
					 section, the school district shall provide any notice required under IDEA, Part
					 B, to both the adult student and the parent.
(b) In accordance with
					 34 CFR, §
												300.520(a)(2), and TEC,
					 §29.017(a),
					 all rights accorded to a parent under IDEA, Part B, including the right to
					 receive any notice required by IDEA, Part B, will transfer to an 18-year-old
					 student who is incarcerated in an adult or juvenile state or local correctional
					 institution, unless the student's parent or other individual has been granted
					 guardianship of the student under Texas Estates Code, Title 3.
(c) In accordance with
					 34 CFR, §
												300.520(a)(3), a school
					 district must notify in writing the adult student and parent of the transfer of
					 parental rights, as described in subsections (a) and (b) of this section, at
					 the time the student reaches the age of 18. This notification is separate and
					 distinct from the requirement that the student's IEP include a statement
					 relating to the transfer of parental rights beginning at least one year before
					 the student reaches the age of 18. This notification is not required to contain
					 the elements of notice referenced in
					 34 CFR, §
												300.503, but must include a statement that
					 parental rights have transferred to the adult student. Beginning with the
					 2018-2019 school year, the notice must also include information and resources
					 regarding guardianship, alternatives to guardianship, including a supported
					 decision-making agreement under Texas Estates Code, Chapter 1357, and other
					 supports and services that may enable the student to live independently, and
					 must provide contact information for the parties to use in obtaining additional
					 information.
(d) A notice under
					 IDEA, Part B, which 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 admission,
					 review, and dismissal (ARD) committee meeting does not constitute invitation
					 to, or create a right for, the parent to attend the meeting. However, in
					 accordance with
					 34 CFR,
					 §
												300.321(a)(6), the
					 adult student or the school district may invite individuals who have knowledge
					 or special expertise regarding the student, including the parent.
(e) Nothing in this section prohibits a
					 supported decision-making agreement or a valid power of attorney from being
					 executed by an individual who holds rights under IDEA, Part B.