Consent & Notice Reference — Texas IDEA Scenarios

Requirements: Always Required Situationally Required Best Practice / Optional

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Initial Evaluation (First-Time Referral)

Student has never been evaluated or found eligible for special education

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Document	Requirement	Notes
Prior Written Notice (PWN) / Notice of Proposal to Evaluate (NOPE) Must describe: action proposed, reasons, options considered, information used	Always Required	Must be sent before evaluation begins. Written in parent's native language or mode of communication.
Procedural Safeguards Notice Summary of parental rights under IDEA	Always Required	Must be provided at first referral for evaluation. TEA publishes the official English and Spanish versions.
Written Consent for Initial Evaluation Parent signature authorizing the FIE	Always Required	Cannot begin evaluation without this. Consent is specific to evaluation only — does not authorize placement. ~15 school days is best practice for awaiting parent response before district pursues override — no specific number is defined in statute or rule.
Parent Input / FIE Input Form	Situationally Required	Required by TEA best practice; some districts require it by policy. Gather before or during evaluation.
Spanish Translation of PWN / Consent	Situationally Required	Required if parent's primary language is not English. Must be in parent's native language or mode of communication.

Legal Basis

34 CFR §300.300(a) — Parental consent for initial evaluation
34 CFR §300.503 — Prior written notice requirements
34 CFR §300.504 — Procedural safeguards notice
19 TAC §89.1011 — Texas evaluation procedures
19 TAC §89.1050(a) — Consent requirements in Texas

Practice Note

Consent for evaluation does not equal consent for placement. A separate consent process is required before initial special education placement. If a parent refuses consent for evaluation, the district may (but is not required to) pursue override through mediation or a due process hearing — but cannot use IDEA's "override" provision for initial evaluations if the parent refuses in writing.

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Re-evaluation (Triennial or Requested)

Student is already receiving special education services

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Document	Requirement	Notes
Prior Written Notice (PWN)	Always Required	Required any time the district proposes to conduct a re-evaluation.
Procedural Safeguards Notice	Situationally Required	Must be provided at least once per year during re-evaluation. Not required at every re-eval if already provided that school year.
Written Consent for Re-evaluation	Situationally Required	Required unless the district has made reasonable efforts to obtain consent and the parent has not responded. Document all outreach attempts. If parent refuses, district may NOT conduct re-eval.
Review of Existing Evaluation Data (REED)	Always Required	ARD committee must review existing data before determining if new assessments are needed. Can result in "no additional data needed" finding.
Notice of No Additional Data Needed	Situationally Required	If the REED determines no new testing is needed, parent must be notified and given the right to request additional assessment.

Legal Basis

34 CFR §300.303 — Re-evaluation requirements (at least every 3 years; no more than once per year)
34 CFR §300.300(c) — Parental consent for re-evaluation
34 CFR §300.305 — Additional data review
19 TAC §89.1011(e) — Texas re-evaluation procedures

Practice Note

If a parent fails to respond after "reasonable efforts" (documented calls, letters, emails), the district may proceed without consent for re-evaluation only — this exception does NOT apply to initial evaluations. Document everything: dates, methods, contact attempts.

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Independent Educational Evaluation (IEE)

Parent disagrees with district evaluation and requests independent assessment

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Document	Requirement	Notes
Written IEE Request (from parent)	Always Required	Parent must request in writing. Triggers district's obligation to respond within a reasonable time.
District Response: Approve IEE at Public Expense	Situationally Required	District must either fund the IEE at public expense OR file for due process to defend its evaluation — without "unnecessary delay." Cannot simply ignore or indefinitely postpone.
District Response: File for Due Process	Situationally Required	If district believes its evaluation was appropriate, it may file for due process to show this. Hearing officer determines if IEE at public expense is warranted.
IEE Criteria / Evaluator List	Always Required	District must provide parent with information about where an IEE may be obtained and the criteria applicable to IEEs (must match district's own criteria for selecting evaluators).
Consideration of IEE Results at ARD	Always Required	The ARD committee must consider the IEE results. They are not required to adopt the IEE's recommendations but must document consideration.

Legal Basis

34 CFR §300.502 — Independent educational evaluations
19 TAC §89.1050(c) — Texas IEE procedures
34 CFR §300.503 — PWN required when district declines IEE at public expense

Critical Timing Note

The district must respond to an IEE request "without unnecessary delay." This is not defined in statute, but TEA and hearing officers generally treat delays beyond 10–15 school days as problematic. Do not sit on IEE requests.

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Records Release / Access

Parent or adult student requests records, or district shares records with outside parties

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Document	Requirement	Notes
Parent Right to Inspect Records	Always Required	Parents have the right to inspect and review all education records. District must respond within 45 days (FERPA) but TEA best practice is promptly and no later than 45 days.
Written Consent for Records Release to Outside Party	Always Required	Required before releasing records to anyone outside the district (e.g., private evaluator, pediatrician, outside therapist). FERPA governs this.
Records Release Within District / LEA	Best Practice	FERPA allows sharing within the LEA with school officials who have a legitimate educational interest — no parental consent needed, but document the purpose.
Notice of Safeguards for Records	Situationally Required	District must inform parents of the types of records kept, who has access, and how to request amendment. Usually covered in the Procedural Safeguards Notice.
Records Destruction Notice	Always Required	Before destroying special education records, district must notify parent and inform them that copies may be needed for Social Security or other adult benefit purposes.

Legal Basis

FERPA — 20 U.S.C. §1232g; 34 CFR Part 99
34 CFR §300.613 — Parent right to inspect records
34 CFR §300.617 — Fees for records
34 CFR §300.624 — Destruction of records / required notice
19 TAC §89.1075 — Texas student records in special education

Practice Note

Districts may charge a reasonable fee for copies unless the fee prevents the parent from exercising their right to inspect records. Never charge for the right to review — only for physical copies. When a student turns 18, rights transfer to the student (age of majority under IDEA), but districts often continue including parents unless otherwise directed.

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Procedural Safeguards — When to Provide

Required trigger points for delivering the Procedural Safeguards Notice

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Trigger Event	Requirement	Notes
Initial Referral for Evaluation	Always Required	Must be provided at the time of the initial referral or parental request for evaluation.
At Least Once Per School Year	Always Required	Must be provided at least annually to parents of students with IEPs. Annual ARD meeting is the typical delivery point.
Upon Filing a Due Process Complaint	Always Required	District must provide safeguards to the parent when a due process complaint is filed by either party.
Upon Disciplinary Action (Change of Placement)	Always Required	When a disciplinary decision constitutes a change of placement (more than 10 consecutive days, or pattern of removals), safeguards must be provided.
Parent Request	Always Required	Must be provided upon parent request at any time.
Electronic Delivery	Situationally Required	Allowed if parent agrees to electronic delivery. District must still provide a paper copy upon request.

Legal Basis

34 CFR §300.504(a) — Required timing for procedural safeguards notice
34 CFR §300.504(b) — Electronic delivery option
19 TAC §89.1050 — Texas parental rights and notice

Practice Note

TEA publishes the official Procedural Safeguards Notice in English and Spanish. Districts must use the TEA version or one that contains all the same required content. The document must be written in an understandable manner and provided in the parent's native language unless clearly not feasible.

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Initial Special Education Placement

First time a student is placed in special education services after eligibility determination

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Document	Requirement	Notes
Written Consent for Initial Placement	Always Required	Separate from evaluation consent. Parent must consent to the IEP and placement before services begin. Cannot be waived.
Prior Written Notice (PWN) of Placement	Always Required	Must describe the proposed placement, LRE determination, and alternatives considered.
Procedural Safeguards Notice	Situationally Required	If not already provided that school year, must be provided at initial placement ARD.
IEP Copy for Parents	Always Required	Parents must receive a copy of the IEP at no cost. May be electronic if parent agrees.

Legal Basis

34 CFR §300.300(b) — Parental consent for initial provision of services
34 CFR §300.322(f) — Parent copy of IEP
34 CFR §300.503 — PWN for placement decisions
19 TAC §89.1050(b) — Texas initial placement consent

Important Distinction

If a parent refuses initial placement consent, the district may not use IDEA's dispute resolution procedures to override. The student simply does not receive services. This is different from re-evaluation, where override is permitted with documented reasonable efforts.

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Dismissal / Exit from Special Education

ARD committee determines student no longer meets eligibility criteria or needs services

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Document	Requirement	Notes
Prior Written Notice (PWN) of Dismissal	Always Required	Must describe the proposed dismissal action, the data supporting it, options considered, and parent rights.
Evaluation / Re-evaluation Data Supporting Dismissal	Always Required	Dismissal must be based on current evaluation data, not just teacher observations. A REED or full re-evaluation is typically required.
Procedural Safeguards Notice	Always Required	Must be provided at dismissal ARD if not already provided that school year. Parent needs to know appeal rights.
Summary of Performance (SOP)	Situationally Required	Required when a student exits due to graduation with a regular diploma or aging out at 22. Not technically required for dismissal due to no longer meeting criteria, but best practice to provide.
Parental Consent for Dismissal	Best Practice	IDEA does not require parental consent for dismissal (only for initial placement). However, documenting parent agreement or disagreement at the ARD is critical, and some districts require it by policy.

Legal Basis

34 CFR §300.305(e) — No longer eligible determination; REED requirements
34 CFR §300.503 — PWN for dismissal
34 CFR §300.305(e)(3) — Summary of Performance requirement
19 TAC §89.1011(f) — Texas dismissal / exit procedures

Practice Note

Dismissal due to parent request (sometimes called "opt out") is different from ARD-initiated dismissal. If a parent requests removal, the district should document the request, provide PWN and Procedural Safeguards, and note that the student may be re-referred in the future. The ARD committee should not dismiss solely based on parent request without appropriate data review.

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Dyslexia Identification — Texas-Specific Notices

Additional requirements under TEC §38.003 and the TEA Dyslexia Handbook

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Document	Requirement	Notes
Dyslexia Screening Notification	Always Required	Districts must screen all students for dyslexia risk (typically K and 1st grade, and as needed thereafter). Parents must be notified of screening results.
Notice of Dyslexia Identification / Services	Always Required	If a student is identified with dyslexia (through 504 or SPED), parents must be notified in writing of the identification and of available services.
Consent for Dyslexia Program Services (504 context)	Situationally Required	If services are provided through 504, parent consent for the 504 plan is required. The specific consent format varies; follow district 504 coordinator guidance.
Parent Notification — Dyslexia Handbook Rights	Always Required	TEA requires districts to inform parents of their rights under the Dyslexia Handbook, including the right to request evaluation and to participate in program decisions.

Legal Basis

Texas Education Code §38.003 — Dyslexia screening and treatment
19 TAC §74.28 — Dyslexia and related disorders
TEA Dyslexia Handbook (2024 edition) — Chapters 2, 3, and 5
Section 504 of the Rehabilitation Act — 34 CFR Part 104

Practice Note — Diagnostician Role

When dyslexia is identified through the special education FIE process, the eligibility is documented as SLD in Reading / Dyslexia. The diagnostician does not assign dyslexia services or programs — that is an ARD committee decision. The FIE should document whether the profile is consistent with dyslexia characteristics per the TEA Handbook domains (phonological awareness, phonological memory, RAN).

All Consent Notice Parent Rights Records Evaluation

PWN

Prior Written Notice

Written notice the district must send to parents before proposing or refusing to initiate or change the identification, evaluation, educational placement, or provision of FAPE for a student. Must include: action proposed, reason for the action, other options considered and why they were rejected, and information used in making the decision.

NoticeEvaluation

NOPE

Notice of Proposal to Evaluate

A specific type of PWN used at the start of the evaluation process. Informs parents that the district proposes to conduct an evaluation, describes what areas will be assessed, and must be provided before consent for evaluation is sought. Texas districts often use a combined NOPE + consent form.

NoticeEvaluation

Procedural Safeguards

Procedural Safeguards Notice / Parents' Bill of Rights

TEA's official document summarizing parental rights under IDEA. Covers the right to: inspect records, participate in IEP meetings, obtain an IEE, receive PWN, consent or refuse consent, mediation, state complaints, due process hearings, and civil action. Must be provided at key points throughout the evaluation and IEP process.

Parent RightsNotice

Consent

Informed Parental Consent

Under IDEA, consent means: (1) the parent has been fully informed in their native language or mode of communication; (2) the parent understands and agrees in writing; (3) the consent describes the activity and lists records to be released if any; and (4) the parent understands consent is voluntary and may be revoked at any time. Consent for evaluation is separate from consent for placement.

Evaluation

IEE

Independent Educational Evaluation

An evaluation conducted by a qualified examiner who is not employed by the district. Parents have the right to an IEE at public expense if they disagree with the district's evaluation. The district must either fund the IEE or file for due process to defend its own evaluation. The ARD committee must consider IEE results but is not required to adopt the evaluator's recommendations.

EvaluationParent Rights

REED

Review of Existing Evaluation Data

A process required before any re-evaluation in which the ARD committee reviews existing data — including evaluations, teacher input, and parent observations — to determine what additional assessment, if any, is needed. A REED may conclude that no new testing is required, but parents must be notified and given the opportunity to request assessment.

Evaluation

FERPA

Family Educational Rights and Privacy Act

Federal law governing access to and privacy of student education records. Gives parents the right to inspect records, request amendments, and consent to disclosure. For special education students, FERPA and IDEA work together — IDEA adds additional protections. When a student turns 18, FERPA rights transfer to the student.

RecordsParent Rights

FAPE

Free Appropriate Public Education

The foundational entitlement under IDEA. Means special education and related services that are: provided at public expense, meet state standards, include an appropriate preschool through secondary education, and are provided in conformity with the student's IEP. "Appropriate" does not mean the best possible education — it means reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances (Endrew F. v. Douglas County, 2017).

Parent Rights

Age of Majority

Transfer of Rights at Age 18

Under IDEA, when a student turns 18 (or the age of majority in the state), all IDEA rights previously held by parents transfer to the student. The district must notify both the student and parents of this transfer at least one year before the student reaches the age of majority. Texas recognizes 18 as the age of majority for IDEA purposes unless the student has a legal guardian.

Parent Rights

Surrogate Parent

Educational Surrogate Parent

A person appointed by the district to act in place of a parent for IDEA purposes when no parent can be identified or located, or when the student is a ward of the state. The surrogate parent has all the rights of a parent under IDEA, including the right to consent to evaluation and placement and to participate in ARD meetings.

NoticeParent Rights

SOP

Summary of Performance

A document required by IDEA when a student exits special education due to graduation with a regular diploma or aging out at 22. Must summarize the student's academic achievement and functional performance and provide recommendations on how to assist the student in meeting postsecondary goals. Not required for dismissal due to no longer meeting eligibility criteria, but best practice to provide.

Evaluation

Mediation

IDEA Mediation Process

A voluntary, confidential process in which a trained, impartial mediator helps parents and the district resolve IDEA disputes. Districts must offer mediation as an option but cannot require it. Mediation agreements are legally binding. Either party may also pursue a state complaint or due process hearing separately from or in addition to mediation.

NoticeParent Rights

Education Records

Education Records (FERPA Definition)

Records, files, documents, and other materials that contain information directly related to a student and are maintained by the school. Includes: FIE reports, IEPs, progress monitoring data, test protocols, disciplinary records, health records, and grades. Does not include: sole-possession notes (kept only by the maker, not shared), law enforcement records, or post-secondary student treatment records.

Records

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