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Summary of Changes from TEA

Based on feedback from the Office of Special Education Programs (OSEP), TEA has amended the documents listed below.

The summary provides a high-level overview of the most significant amendments to the Notice. The page numbers referenced below are those found in the revised version of the Notice

Summary of Changes to the Parent’s Guide to the Admission, Review, and Dismissal Process

Starting
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 3 
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Language was added to clarify that the school district is responsible for ensuring a Free Appropriate Public Education (FAPE) is made available to the child by the child’s third birthday.
 3 
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Language was edited to clarify that students who are struggling in the general classroom are not required to first participate in support services prior to referral for a special education evaluation under IDEA.
 4 
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Language was added to provide families with a recommendation on a reasonable amount of time to provide interventions before making decisions on next steps.
 4 
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Language was added to provide families with considerations in determining if interventions are sufficient.
 4 
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Language was added to clarify that response to intervention may not be used to delay or deny a timely evaluation of a child suspected of having a disability under IDEA.
 4 
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Language was added to clarify requirements when a parental request for a special education  evaluation is made verbally.
 5 
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Language was added to list all the information that must be included in a prior written notice.
 5 
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Language was added to clarify requirements around parental consent.
 6 
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Language was added to provide a more complete explanation of IDEA’s evaluation procedures.
 9 
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Language was added to clarify that the school is not in violation of its duty to make FAPE available when a parent refuses consent or fails to respond to a request to provide consentto the initial provision  of special education  and related services.
 9 
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Language was added to clarify that “annual goals” includes both academic and functional goals.
 11 
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Language was added to clarify that IEP goal benchmarks  and short-term objectives are only required  for students who take an alternate  assessment.
 17 
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Language was added to clarify requirements regarding the summary of performance.
 18 
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Language was added to clarify requirements related to discipline.

 
Global Amendments

The sources of state requirements (e.g., IEP translated into Spanish, strategies that must be considered for children with autism) were added throughout the document to eliminate a potential assumption that the requirements are found under IDEA.

The phrase “special education  services” was replaced with “special education  and related services” throughout the document.

Summary of Changes to the Notice of Procedural Safeguards

Starting
Page
 
 2 
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Language was  added to clarify the timeline for providing prior written notice to parents.
 3 
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Language was  added to provide information regarding consent override procedures for initial, special education evaluations.
 4 
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Language was  added to clarify requirements related to independent educational
evaluations.
 5 
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Language regarding discipline, manifestation determinations, disciplinary changes of placement, and expedited special education due process hearings was  added to provide additional clarification. Most  of the new  language was  taken from the federal model form of the Notice of Procedural Safeguards and incorporated in the state’s Notice.
 9 
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Language was  added to clarify requirements related to confidentiality and parent consent prior to the disclosure of students’ personally identifiable information.
 12 
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Language was  added to clarify the differences between the procedures for due process complaints and hearings and state special education complaints.
 13 
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Language was  added to clarify requirements related to the state’s special education mediation process.
 13 
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Language was  added to clarify requirements related to the state’s special education complaints process.
 15 
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Language was  added to clarify requirements related to the state’s special education due process hearing procedures.

 

Global Amendments

Clarifications were added throughout the document to distinguish between state and federal special education requirements.

The phrase “special education services” was replaced with “special education and related services” throughout the document.