| (a) For the purpose of this section and Texas Education
Code, §29.019, individualized education program (IEP) facilitation
refers to a method of alternative dispute resolution that involves
the use of a trained facilitator to assist an admission, review, and
dismissal (ARD) committee in developing an IEP for a student with
a disability. The facilitator uses facilitation techniques to help
the committee members communicate and collaborate effectively. While
public education agencies are not required to offer IEP facilitation
as an alternative dispute resolution method, the Texas Education Agency
(TEA) encourages the use of IEP facilitation as described in this
section.
(b) A public education agency is not prohibited from
incorporating elements of IEP facilitation into ARD committee meetings
that are conducted without the assistance of a facilitator as described
in this section. For example, a public education agency may provide
training on communication skills, conflict management, or meeting
effectiveness to individuals who participate in ARD committee meetings
to enhance collaboration and efficiency in those meetings.
(c) A public education agency that chooses to offer
IEP facilitation under this section may determine whether to use independent
contractors, employees, or other qualified individuals as facilitators.
At a minimum, an individual who serves as a facilitator must:
(1) have demonstrated knowledge of federal and state
requirements relating to the provision of special education and related
services to students with disabilities;
(2) have demonstrated knowledge of and experience with
the ARD committee meeting process;
(3) have completed 18 hours of training in IEP facilitation,
consensus building, and/or conflict resolution; and
(4) complete continuing education as determined by
the public education agency.
(d) A public education agency that chooses to offer
IEP facilitation under this section must ensure that:
(1) participation is voluntary on the part of the parties;
(2) the facilitation is provided at no cost to parents;
and
(3) the process is not used to deny or delay the right
to pursue a special education complaint, mediation, or a due process
hearing in accordance with Part B of the Individuals with Disabilities
Education Act (IDEA) and this division.
(e) A public education agency that chooses to offer
IEP facilitation under this section must develop written policies
and procedures that include:
(1) the procedures for requesting facilitation;
(2) facilitator qualifications, including whether facilitators
are independent contractors, employees, or other qualified individuals;
(3) the process for assigning a facilitator;
(4) the continuing education requirements for facilitators;
and
(5) a method for evaluating the effectiveness of the
facilitation services and the individual facilitators.
(f) A public education agency that chooses to offer
IEP facilitation under this section must provide parents with information
about the process, including a description of the procedures for requesting
IEP facilitation and information related to facilitator qualifications.
This information must be included when a copy of the procedural safeguards
notice under 34 Code of Federal Regulations (CFR), §300.504 is
provided to parents, although this information may be provided as
a separate document and may be provided in a written or electronic
format.
(g) A facilitator under this section must not be a
member of the student's ARD committee, must not have any decision-making
authority over the committee, and must remain impartial to the topics
under discussion. The facilitator must assist with the overall organization
and conduct of the ARD committee meeting by:
(1) assisting the committee in establishing an agenda
and setting the time allotted for the meeting;
(2) assisting the committee in establishing a set of
guidelines for the meeting;
(3) guiding the discussion and keeping the focus on
developing a mutually agreed upon IEP for the student;
(4) ensuring that each committee member has an opportunity
to participate;
(5) helping to resolve disagreements that arise; and
(6) helping to keep the ARD committee on task so that
the meeting purposes can be accomplished within the time allotted
for the meeting.
(h) Promptly after being assigned to facilitate an
ARD committee meeting, or within a timeline established under the
public education agency's procedures, the facilitator must contact
the parents and public education agency representative to clarify
the issues, gather necessary information, and explain the IEP facilitation
process.
(i) A public education agency that chooses to offer
IEP facilitation under this section must ensure that facilitators
protect the confidentiality of personally identifiable information
about the student and comply with the requirements in the Family Educational
Rights and Privacy Act regulations, 34 CFR, Part 99, relating to the
disclosure and redisclosure of personally identifiable information
from a student's education record.
(j) The TEA will develop information regarding IEP
facilitation as an alternative dispute resolution method, and such
information will be available upon request from the TEA and on the
TEA website.
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