26 Tex. Admin. Code § 350.1213 - The Family's Right to Opt Out of the Local Education Agency Notification

(a) The parent may choose not to allow the subrecipient to:

(1) send the child's limited personally identifiable information to the LEA; and

(2) notify the LEA of their child's potential eligibility for ECSE services.

(b) The subrecipient must:

(1) inform the parent of the LEA Notification requirements before the parent signs the initial IFSP and annually as part of the annual meeting to review the IFSP; and

(2) explain the option to opt out of the LEA Notification to the parent and the consequences of this option.

(c) The parent must inform the subrecipient of their decision to opt out of the LEA Notification in writing before the scheduled notification date.

(d) The subrecipient must provide the parent written communication regarding LEA Notification that includes the following information:

(1) what information will be disclosed to the LEA;

(2) the scheduled LEA Notification date;

(3) a clear statement that the parent must inform the subrecipient of their decision to opt out of the LEA Notification in writing before the scheduled notification date; and

(4) an explanation that the child's limited personally identifiable information will be sent for LEA Notification, unless the parent informs the subrecipient of their decision to opt out of the LEA Notification before the scheduled notification date.

(e) The subrecipient must provide the parent the written communication regarding LEA Notification as required in subsection (d) of this section at least 10 days before limited personally identifiable information is scheduled to be released for the LEA Notification.

(f) If the parent opts out of the LEA Notification at any time before the scheduled notification date, the subrecipient must:

(1) not send the child's limited personally identifiable information to the LEA;

(2) inform the parent that even if he or she opts out of LEA Notification, he or she can later request that the child's limited personally identifiable information be sent to the LEA; and

(3) document in the child's record:

(A) the date the written communication regarding LEA Notification was provided to the parent; and

(B) the parent's written request to opt out of LEA Notification.

(g) If the subrecipient determines a child is eligible for ECI more than 45 days but less than 90 days before the child's third birthday and the IFSP team determines the child is potentially eligible for special education services, the subrecipient must:

(1) immediately inform the parent of the LEA Notification requirements;

(2) explain the option to opt out of the LEA Notification to the parent and the consequences of this option; and

(3) comply with all other requirements in this section related to the family's right to opt out of the LEA Notification.

Notes

26 Tex. Admin. Code § 350.1213

The provisions of this §108.1213 adopted to be effective May 1, 2014, 39 TexReg 3445; amended by Texas Register, Volume 44, Number 26, June 28, 2019, TexReg 3292, eff. 6/30/2019; entire chapter transferred from Title 40, Part 2, Chapter 208 by Texas Register, Volume 46, Number 06, February 5, 2021, TexReg 0941, eff. 3/1/2021; Amended by Texas Register, Volume 50, Number 06, February 7, 2025, TexReg 0785, eff. 2/13/2025