Current federal regulations govern the provision of services for 16 year old students with disabilities, or for younger students if determined appropriate by the Admission, Review and Dismissal (ARD) committee. These provisions require that a child’s Individualized Education Program (IEP) include measurable postsecondary goals as well as the transition services needed to assist the child in reaching those goals 34 CFR §300.320(b). Further, a Local Education Agency (LEA) is required to invite to the transition meeting a representative of any agency that is likely to be responsible for providing or paying for transition services. 34 CFR §300.321(b)(3).
An LEA must also comply with 34 CFR §300.622(b)(2), which protects a student’s confidential information from unauthorized disclosure to agencies that participate in the ARD committee meeting. Specifically, this section requires the LEA to obtain parental consent, or the consent of an eligible child who has reached the age of majority (adult student), for the release of personally identifiable information to officials of participating agencies who will provide or pay for transition services. An ongoing consent to invite an agency representative to all ARD committee meetings for a particular student will not satisfy an LEA's obligation to seek consent. Consent must be obtained each time an LEA wishes to invite an outside agency representative to a meeting that will address postsecondary transition services.
As explained in its Letter to Gray, the Office of Special Education Programs states that the consent requirement in 34 CFR §300.622(b)(2) protects the confidentiality of discussions that occur at ARD committee meetings. Conversations relating to a student’s confidential information always occur, and are often discussed and subject to change within ARD committee meetings. As such, before the LEA can invite representatives of participating agencies to attend any ARD committee meeting at which confidential and personally indentifying information will be discussed, the LEA must obtain the consent of the parent or adult student.
The consent must comply with 34 CFR §300.9 which requires as follows: (1) the parent or adult student must be fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication: (2) the parent or adult student must understand and agree in writing to the carrying out of the activity for which his or her consent is sought, and the consent should describe that activity and list the records (if any) that will be released and to whom; and (3) the parent or adult student must understand that the granting of consent is voluntary and maybe be revoked at any time.
An LEA should also note that the Family and Educational Rights and Privacy Law (FERPA) further specifies the requirements for the protection of privacy of parents and students under Section 444 of the General Education Provisions Act as amended.
Texas Education Agency (TEA) – The Texas Department of Assistive and Rehabilitative Services (DARS) Letter of Agreement (LOA)
To obtain a signed copy of the LOA, call IDEA Coordination at 512-463-9414.
Federal Rules Citations
34 CFR §300.320(b)
34 CFR §300.622 (b)(2)
34 CFR §300.321(b)(3)
34 CFR §300.9
Family Educational Rights and Privacy Act Regulations (FERPA)
Region 18 The Legal Framework
The Office of Special Education Programs
Statewide Lead for Transition – Education Service Center Region XI
Technical Assistance and Training
Education Service Centers (ESC)
For technical assistance and training on this topic and other aspects of the provision of services for students with disabilities, contact your regional education service center
Division of Federal and State Education Policy
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560