Sec. 29.019. INDIVIDUALIZED EDUCATION PROGRAM FACILITATION. (a) The agency shall provide information to parents regarding individualized education program facilitation as an alternative dispute resolution method that may be used to avoid a potential dispute between a school district and a parent of a student with a disability. A district that chooses to use individualized education program facilitation shall provide information to parents regarding individualized education program facilitation. The information:
(1) must be included with other information provided to the parent of a student with a disability, although it may be provided as a separate document; and
(2) may be provided in a written or electronic format.
(b) Information provided by the agency under this section must indicate that individualized education program facilitation is an alternative dispute resolution method that some districts may choose to provide.
(c) If a school district chooses to offer individualized education program facilitation as an alternative dispute resolution method:
(1) the district may determine whether to use independent contractors, district employees, or other qualified individuals as facilitators;
(2) the information provided by the district under this section must include a description of any applicable procedures for requesting the facilitation; and
(3) the facilitation must be provided at no cost to a parent.
(d) The use of any alternative dispute resolution method, including individualized education program facilitation, must be voluntary on the part of the participants, and the use or availability of any such method may not in any manner be used to deny or delay the right to pursue a special education complaint, mediation, or due process hearing in accordance with federal law.
(e) Nothing in this section prohibits a school district from using individualized education program facilitation as the district's preferred method of conducting initial and annual admission, review, and dismissal committee meetings.
(f) The commissioner shall adopt rules necessary to implement this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 539 (S.B. 542), Sec. 1, eff. June 14, 2013.
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