19 Tex. Admin. Code § 89.1049 - Parental Rights Regarding Adult Students
(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. 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. 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
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.
Notes
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