Texas Education Code - EDUC § 26.0081. Right to Information Concerning Special Education and Education of Students with Learning Difficulties

(a) The agency shall produce and provide to school districts sufficient copies of a comprehensive, easily understood document that explains the process by which an individualized education program is developed for a student in a special education program and the rights and responsibilities of a parent concerning the process.  The document must include information a parent needs to effectively participate in an admission, review, and dismissal committee meeting for the parent's child.

(b) The agency will ensure that each school district provides the document required under this section to the parent as provided by 20 U.S.C. Section 1415(b) :

(1) as soon as practicable after a child is referred to determine the child's eligibility for admission into the district's special education program, but at least five school days before the date of the initial meeting of the admission, review, and dismissal committee;  and

(2) at any other time on reasonable request of the child's parent.

(c) The agency shall produce and provide to school districts a written explanation of the options and requirements for providing assistance to students who have learning difficulties or who need or may need special education.  The explanation must state that a parent is entitled at any time to request an evaluation of the parent's child for special education services under Section 29.004 or for aids, accommodations, or services under Section 504, Rehabilitation Act of 1973 ( 29 U.S.C. Section 794 ).  Each school year, each district shall provide the written explanation to a parent of each district student by including the explanation in the student handbook or by another means.

(d) Each school year, each school district shall notify a parent of each child, other than a child enrolled in a special education program under Subchapter A, Chapter 29,  1 who receives assistance from the district for learning difficulties, including through the use of intervention strategies, as that term is defined by Section 26.004 , that the district provides that assistance to the child.  The notice must:

(1) be provided when the child begins to receive the assistance for that school year;

(2) be written in English or, to the extent practicable, the parent's native language;  and

(3) include:

(A) a reasonable description of the assistance that may be provided to the child, including any intervention strategies that may be used;

(B) information collected regarding any intervention in the base tier of a multi-tiered system of supports that has previously been used with the child;

(C) an estimate of the duration for which the assistance, including through the use of intervention strategies, will be provided;

(D) the estimated time frames within which a report on the child's progress with the assistance, including any intervention strategies used, will be provided to the parent;  and

(E) a copy of the explanation provided under Subsection (c).

(e) The notice required under Subsection (d) may be provided to a child's parent at a meeting of the team established for the child under Section 504, Rehabilitation Act of 1973 ( 29 U.S.C. Section 794 ), if applicable.

1  V.T.C.A., Education Code § 29.001 et seq.

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