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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 108EARLY CHILDHOOD INTERVENTION SERVICES
SUBCHAPTER LTRANSITION
RULE §108.1213LEA Notification Opt Out

(a) The parent may choose not to allow the contractor to send the child's limited personally identifiable information to the LEA. The contractor must:

  (1) inform the parent of the LEA Notification of Potentially Eligible for Special Education Services requirements before the parent signs the initial IFSP; and

  (2) explain LEA Notification Opt Out to the parent and the consequences of this choice.

(b) The parent may choose to opt out of the LEA Notification of Potentially Eligible for Special Education Services. The parent must inform the contractor of their LEA Notification Opt Out choice in writing before the scheduled notification date.

(c) The contractor 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 contractor of their LEA Notification Opt Out choice in writing before the scheduled notification date; and

  (4) the child's limited personally identifiable information will be sent for LEA Notification, unless the parent informs the contractor in writing of their LEA Notification Opt Out choice before the scheduled notification date.

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

(e) If the parent opts out of LEA Notification of Potentially Eligible for Special Education Services at any time before the scheduled notification date, the contractor 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 of Potentially Eligible for Special Education Services.

(f) If the contractor determines a child is eligible 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 contractor must:

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

  (2) explain LEA Notification Opt Out to the parent and the consequences of this choice; and

  (3) comply with all other requirements in this section related to LEA Notification Opt Out.


Source Note: The provisions of this §108.1213 adopted to be effective May 1, 2014, 39 TexReg 3445; amended to be effective June 30, 2019, 44 TexReg 3280

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