1. An opportunity for the parents of a child with a disability:

1. To examine all records relating to the child;

2. To participate in meetings with respect to the identification, evaluation, and educational placement of the child, and the provision of a free appropriate public education to the child, and

3. To obtain an independent educational evaluation of the child.

34 CFR 300.501, 300.502

2. Notification of the student and the parents of the transfer of rights, in accordance with 34 CFR 300.517. A student with a disability who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, shall have the same right to make educational decisions as a student without a disability, except that the District shall provide any notice required by Chapter 29, Subchapter A of the Education Code or 20 U.S.C. 1415 to both the student and the parents. All other rights accorded to parents under Chapter 29, Subchapter A of the Education Code or 20 U.S.C. 1415 transfer to the student. Education Code 29.017

3. Procedures to protect the rights of the child whenever the parents of the child cannot be identified, the District cannot locate the parents after reasonable efforts to do so, or the child is a ward of the state. These procedures shall include assigning an individual to act as a surrogate for the parents. This individual shall not be an employee of TEA, the District, or any other agency that is involved in the education or care of the child. in addition, the individual chosen to act as a surrogate parent should have no interest that conflicts with the interest of the child he or she represents and should have knowledge and skills that ensure adequate representation of the child. 34 CFR 300.515

1. The identification of a student with a disability;

2. The collection of evaluation and re-evaluation data relating to a student with a disability;

3. The admission, review, and dismissal (ARD) committee process;

4. The development of an individualized education program (IEP) and, for a student who is at least 16 years of age, an individual transition plan (ITP);

5. The determination of least restrictive environment;

6. The implementation of an IEP;

7. The procedural rights and safeguards available under 34 CFR 300.403, 300.500-300.529, 300.560-300.577, and 300.660-300.662, relating to the issues described in 34 CFR 300.504(b); and

8. The sources that the surrogate parent may contact to obtain assistance in understanding the provisions of federal and state laws, rules, and regulations relating to students with disabilities.

4. Preferential consideration to a foster parent of a child with a disability when assigning a surrogate-parent for the child. A foster parent may act as a parent of a child with a disability if:

1. The Texas Department of Protective and Regulatory Services (PRS) is appointed as the temporary or permanent managing conservator of the child;

2. The child has been placed with the foster parent for at least 60 days;

3. The foster parent agrees to:

1. Participate in making educational decisions on the child's behalf; and

2. Complete a training program for surrogate parents that complies with minimum standards established by TEA rule.

4. The foster parent has no interest that conflicts with the child's interests.

5. Procedures for conducting an analysis of whether a foster parent or potential surrogate parent has an interest that conflicts with the interests of his or her child. A foster parent in a home which is verified by the PRS or a child-placing agency shall not be deemed to have a financial conflict of interest by virtue of serving as the foster parent in that home. These homes include, but are not limited to, basic, habilitative, primary medical, or therapeutic foster or foster group homes. In addition, issues concerning quality of care of the child do not constitute a conflict of interest. Concerns regarding quality of care of the child should be communicated, and may be statutorily required to be reported, to PRS.

Education Code 29.015; 19 TAC 89.1047(b), (c), (d)

6. Prior written notice to the parents of the child whenever the District proposes to initiate or change or refuses to initiate or change the identification, evaluation, or educational placement of the child, or the free appropriate public education of the child. The written notice to parents shall be provided at least five school days before the proposed action is taken, unless the parents agree otherwise. 34 CFR 300.503(a); 19 TAC 89.1015

1. A description of the action proposed or refused by the District, an explanation of why the District proposes or refuses to take the action, and a description of any options the District considered and the reasons why those options were rejected;
2. A description of each evaluation procedure, test, record, or report the District uses as a basis for the proposal or refusal;
3. A description of any factors that are relevant to the District's proposal or refusal;
4. Sources for parents to contact to obtain assistance in understanding the provisions of the IDEA; and
5. A statement that the parents of a child with a disability have protection under the procedural safeguards of IDEA and, if the notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained.

7. An opportunity for mediation [see MEDIATION PROCESS, below]. 34 CFR 300.506

8. An opportunity to present complaints with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to the child.

9. Procedures that require the parent of a child with a disability, or the attorney representing the child, to provide notice (which shall remain confidential) in a complaint that includes:

1. The name and address of the child, and the name of the school the child attends;

2. A description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to the problem; and

3. A proposed resolution of the problem to the extent known and available to the parents at the time.

The District shall provide a copy of the procedural safeguards available to parents:

1. Upon initial referral for evaluation;

2. Upon each notification of an ARD committee meeting and upon reevaluation of the child; and

3. Upon receiving a request for a due process hearing.

The procedural safeguards notice shall include a full explanation of the procedural safeguards, written in the native language of the parents, unless it clearly is not feasible to do so, and written in an easily understandable manner. The notice shall include information relating to:

1. Independent educational evaluation;

2. Prior written notice;

3. Parental consent;

4. Access to educational records;

5. Opportunity to present complaints to initiate due process hearings;

6. The child's placement during pendency of due process proceedings;

7. Procedures for students who are subject to placement in an interim alternative educational setting;

8. Requirements for unilateral placement by parents of children in private schools at public expense;

9. Mediation;

10. Due process hearings, including requirements for disclosure of evaluation results and recommendations;

11. Civil actions;

12. Attorneys' fees; and

13. State complaint procedures, including how to file such a complaint.

20 U.S.C. 1415(d); 34 CFR 300.504

The District shall ensure that procedures are established and implemented to allow parties to disputes arising from parental complaints relating to the identification, evaluation, placement or provision of a free appropriate public education to the child, to resolve those disputes through a mediation process which, at a minimum, shall be available whenever a parent requests an impartial due process hearing or a hearing concerning a child's placement in an alternative educational setting. [See FOE]

Mediation procedures shall ensure that the process:

1. Is voluntary on the part of the parties;

2. Is not used to deny or delay a parent's right to a due process hearing or to deny any other rights afforded under the Individuals with Disabilities Education Act; and

3. Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.

The District may establish procedures to require parents who choose not to use the mediation process to meet, at a time and location convenient to the parents, with a disinterested party who is under contract with a parent training and information center or community parent resource center, or an appropriate alternative dispute resolution entity. The impartial party would encourage the use, and explain the benefits, of the mediation process to parents.

20 U.S.C. 1415(e); 34 CFR 300.506

During the pendency of any administrative or judicial proceeding regarding a complaint about the District's obligations to the student under federal and state special education laws, unless the District and the parent agree otherwise, the student involved in the complaint shall remain in the then-current educational placement, or, if applying for initial admission to a public school, shall, with the consent of the parents, be placed in the public school program until all proceedings have been completed.

When a parent requests a hearing regarding a disciplinary action to challenge the child's placement in an interim alternative educational setting or the manifestation determination regarding a removal for weapons or drugs or a removal ordered by a hearing officer [see FOE], the student shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the term of placement, which may be for not more than 45 calendar days, in the alternative setting has expired, whichever occurs first, unless the parent and the District agree otherwise.

20 U.S.C. 1415 (j), (k)(7); 34 CFR 300.514, 300.526