19 TAC §89.1110
The new section is proposed under Texas Education Code, §29.011,
which authorizes the Texas Education Agency, the Texas Department of Mental
Health and Mental Retardation, and the Texas Rehabilitation Commission to
develop, agree to, and by rule adopt a memorandum of understanding that establishes
the respective responsibilities of each agency for the provision of services
necessary to prepare students enrolled in special education programs for a
successful transition to life outside of the public school system.
The new section implements Texas Education Code, §29.011.
§89.1110.Memorandum of Understanding on Individual Transition Planning for Students Receiving Special Education Services.
(a)
Participating agencies. The memorandum of understanding
(MOU) is established among the following state agencies referred to herein
as "the parties":
(1)
Texas Commission for the Blind (TCB);
(2)
Texas Commission for the Deaf and Hard of Hearing (TCDHH);
(3)
Texas Department of Health (TDH);
(4)
Texas Department of Housing and Community Affairs (TDHCA);
(5)
Texas Department of Human Services (DHS);
(6)
Texas Department of Mental Health and Mental Retardation
(TDMHMR);
(7)
Texas Department of Protective and Regulatory Services
(PRS);
(8)
Texas Education Agency (TEA);
(9)
Texas Higher Education Coordinating Board (THECB);
(10)
Texas Juvenile Probation Commission (TJPC);
(11)
Texas Rehabilitation Commission (TRC);
(12)
Texas Workforce Commission (TWC); and
(13)
Texas Youth Commission (TYC).
(b)
Purpose.
(1)
Under the authority of Texas Education Code (TEC), §29.011
(Transition Planning), the purpose of this MOU is to establish the respective
responsibilities of each party for the provision of the services necessary
to prepare students receiving special education services for a successful
transition to life outside the public school system.
(2)
This MOU documents the parties' commitment to collaborative
efforts and sharing of resources in providing effective transition services
to students receiving special education services.
(c)
Philosophy. This MOU is intended to further the development
of transition services in Texas that, through a comprehensive array of coordinated
services, offers improved choices and opportunities to achieve maximum independence
and integration in the community for students receiving special education
services. This philosophy reflects the following beliefs:
(1)
Transition is a student-centered, student-driven process.
Successful transition planning should develop the self-determination skills
of each student.
(2)
Successful transition is facilitated when each student
and his or her parent(s) have the knowledge and skills needed to empower them
to plan for the student's future and to make effective use of personal and
community resources in achieving independence.
(3)
Each student should have opportunities to have a meaningful
life and to make informed choices about where to live, work, and play. Each
student should have opportunities to fully participate in and be a contributing
and respected member of his or her community.
(4)
Each student has unique values, preferences, abilities,
and challenges. Valuing diversity will enhance the benefits of individual
transition planning.
(5)
Individual transition planning should be a thoughtful,
collaborative process involving the student, the family, school personnel,
agencies, community resources, and other stakeholders. Each student should
actively participate in identifying his or her individual transition planning
committee members.
(6)
Individual transition planning should be an integral part
of the educational process, not a single event.
(7)
The success of individual transition planning is based
on the development of ongoing productive working relationships and common
goals among all of the parties involved in transition planning. The success
of individual transition planning is not dependent upon attendance of all
parties at all individual transition planning meetings, although such attendance
is encouraged.
(d)
Definitions. The following words and terms, when used in
this MOU, shall have the following meaning, unless the context clearly indicates
otherwise:
(1)
"Agencies" means the parties, the local entities of the
parties, or organizations that provide services and supports to the general
public. Participation in this MOU by local workforce development boards may
be separately arranged by local agreements. Information regarding specific
agency responsibilities is delineated in subsection (e)(4)(C) of this section.
(2)
"Admission, review, and dismissal (ARD) committee" means
the committee convened for, among other things, the purpose of developing
the individualized education program consistent with 34 Code of Federal Regulations
(CFR) §300.344 and §89.1050 of this title (relating to The Admission,
Review, and Dismissal (ARD) Committee).
(3)
"Community experience" means activities that are conducted
and provided in community settings, including community-based work experiences
and/or exploration, job site training, banking, shopping, transportation,
and recreation.
(4)
"Employment (individualized competitive employment)" means
full-time or part-time competitive employment, including supported employment
for which an individual is compensated by the workplace employer at or above
the minimum wage, but not less than the customary wage and level of benefits
paid by the employer for the same or similar work performed by individuals
without disabilities. This includes the individualized support services that
are necessary to maintain the individual in competitive employment. This does
not include enclaves, pods in industry, or groups of individuals with disabilities
working in an integrated setting.
(5)
"FERPA" means the Family Educational Rights and Privacy
Act, 20 United States Code (USC) §1232(g), which is a federal law designed
to protect the privacy of a student's education records. The law applies to
educational institutions and agencies that receive funds under an applicable
program of the U.S. Department of Education. FERPA gives parents certain rights
with respect to their children's education records. These rights transfer
to the student, or former student, who has reached the age of 18 or is attending
any school beyond the high school level.
(6)
"Functional vocational evaluation" means an assessment
process that provides information about job or career interests, aptitudes,
and skills. Information may be gathered through situational assessments, observation,
or formal measures and should be practical in nature.
(7)
"Higher education" means any postsecondary education provided
by a public, private, or proprietary college, university, or technical school,
including college-level courses, developmental education, and adult continuing
education.
(8)
"IDEA" means the Individuals with Disabilities Education
Act, 20 USC §§1400 et seq., which is a federal law that ensures
the provision of special education and related services to eligible students
with disabilities.
(9)
"Individualized education program (IEP)" means a written
education program for a student receiving special education and related services
that is developed in an ARD committee meeting and includes the elements described
in relevant federal and state requirements consistent with 34 CFR §300.346
and §300.347 and §89.1050 of this title.
(10)
"Individual transition plan (ITP)" means a written plan
that is developed apart from the IEP that focuses on successful independence
and integration in the community.
(11)
"Local educational agency (LEA)" means, consistent with
20 USC §1401(15), any public authority, institution, or agency having
administrative control and direction of a public elementary or secondary school,
including a public charter school that is established as an LEA under state
law.
(12)
"Parent" includes a biological or adoptive parent whose
parental rights have not been terminated, surrogate parent, legal guardian,
legal conservator, or person acting in the place of a parent.
(13)
"Parties" means signatory agencies to this MOU. Any reference
to participation by the "parties" as applied to the TWC is subject to the
definition of "agencies" as defined in paragraph (1) of this subsection.
(14)
"Related services" means transportation and such developmental,
corrective, and other supportive services as are required to assist a child
with a disability to benefit from special education and includes speech-language
pathology and audiology services; psychological services; physical and occupational
therapy; recreation, including therapeutic recreation; early identification
and assessment of disabilities in children; counseling services, including
rehabilitation counseling; orientation and mobility services; and medical
services for diagnostic or evaluation purposes. The term also includes school
health services, social work services in school, and parent counseling and
training consistent with 34 CFR §300.24.
(15)
"Self-determination" means the abilities and attitudes
necessary to exercise primary control over one's life and to make choices
regarding one's quality of life free from undue external influence or interference.
(16)
"Special education" means specially designed instruction
and related services, at no cost to the parent(s), to meet the unique needs
of a child with a disability consistent with 34 CFR §300.26.
(17)
"Student" means an individual with a disability receiving
special education services.
(18)
"Transition services" means a coordinated set of activities
for a student with a disability that meets the criteria described in subparagraph
(A) of this paragraph.
(A)
Transition services means a coordinated set of activities
that:
(i)
is designed within an outcome-oriented process that promotes
movement from school to post-school activities, including post-secondary education,
vocational training, integrated employment (including supported employment),
continuing and adult education, adult services, independent living, or community
participation;
(ii)
is based on the individual student's needs, taking into
account the student's preferences and interests; and
(iii)
includes:
(I)
instruction;
(II)
related services;
(III)
community experiences;
(IV)
development of employment and other post-school adult
living objectives; and
(V)
if appropriate, acquisition of daily living skills and
functional vocational evaluation.
(B)
Transition services for students with disabilities may
be special education if provided as specially designed instruction, or related
services, if requested to assist the student with a disability to benefit
from special education consistent with 34 CFR §300.29.
(e)
Individual transition planning.
(1)
ITP committee members.
(A)
The student and the parent have the right to invite participants
who have knowledge or special expertise about the student.
(B)
Except as provided in subparagraph (C) of this paragraph,
transition planning and annual reviews of the ITP shall include, but are not
limited to, the following participants:
(i)
the student (the student shall not be excluded based on
age or severity of disability);
(ii)
the student's parent(s);
(iii)
the student's special education teacher;
(iv)
a person or persons knowledgeable of the general education
curriculum and the minimum academic requirements for graduation and the relationship
of those requirements to the Academic Achievement Record; and
(v)
a representative from career and technology, preferably
the student's teacher, if the student is, or is likely to be, participating
in career and technology education as part of his or her IEP.
(C)
An LEA may designate one individual to fulfill one or both
of the roles described in subparagraph (B)(iv) and (v) of this paragraph provided
such individual meets the requirements specified in that subparagraph.
(D)
Based on procedures developed in subsection (f)(1)(D)(i)
of this section dealing with participation, the LEA shall invite a representative
of any agency that is currently providing services to the student.
(E)
The LEA shall invite a representative of any other agency
that is likely to be responsible or capable of identifying, planning, providing,
or paying for transition services.
(F)
Other participants may include representatives from the
community, organizations, or other entities that can assist the student to
achieve identified goals.
(G)
Participants, in addition to required members, shall be
determined based on the individual student's transition needs and plans for
the future, and not solely on disability.
(H)
The LEA shall take reasonable steps to ensure that all
invited participants are afforded the opportunity to attend a student's ITP
meeting. If an invited participant cannot attend the meeting, the LEA and
the regional and local entities of the parties shall take reasonable steps
to ensure participation, including, but not limited to, individual or conference
telephone calls, written, or electronic communication.
(I)
A meeting may be conducted without a parent and/or student
in attendance if the parent or student is unable to attend or chooses not
to participate. In this case, the LEA must have a record of its attempts to
arrange a mutually agreed upon time and place, such as:
(i)
detailed records of communication attempted, including,
but not limited to, telephone calls, letters, electronic communication, and
the results of those attempts;
(ii)
copies of correspondence sent to the student and parent
and any response received; and
(iii)
detailed records of visits made to the student's and
parent's home or place of employment and the results of those visits.
(2)
Consent for release of confidential information. In order
to release student confidential information or to include a student's name
on a notice sent to another agency, an LEA must first obtain consent to release
confidential educational records and information from each student's parent.
Each LEA shall seek to obtain such consent with respect to any agency that
is or may be responsible for providing or paying for transition services.
To the extent that consent is given for the disclosure of information to other
agencies, the LEA will ensure that those agencies receive notice of the ITP
meeting. Agencies receiving confidential records and information shall protect
and maintain the confidentiality of the information received consistent with
34 CFR §§300.560 - 300.577, Part 99, and the agencies' respective
confidentiality requirements.
(3)
Notice. LEA's must provide written notice of an ITP meeting
as follows.
(A)
When the student, parent, and school personnel are the
only invited participants, notice must be provided at least five school days
prior to the meeting. The student, parent, and school personnel may mutually
agree to waive this five-school-day timeline. The LEA must maintain written
documentation of the waiver in the eligibility folder.
(B)
When inviting other participants, in addition to the student,
parent, and school personnel, notice must be provided to all participants
at least 30 calendar days prior to the meeting. This 30-calendar-day provision
may be waived if all invited participants mutually agree. The LEA must maintain
written documentation of the waiver in the eligibility folder.
(C)
The notice of the ITP meeting must be written in language
understandable to the general public and must include:
(i)
the student's name;
(ii)
the purpose, date, time, and location of the meeting;
(iii)
a list of invited participants;
(iv)
a statement that the student and parent have the right
to bring relevant information, resources, and invite other participants who
have knowledge or special expertise about the student;
(v)
the name and telephone number of an LEA contact person;
and
(vi)
a copy of the notice in the native language of the parent
or other mode of communication used by the parent, unless it is clearly not
feasible to do so.
(4)
Process.
(A)
Transition planning process. Before age 13 (or upon initial
placement in special education, if a student is initially identified at age
13 or older), or when requested by the student or parent, the LEA must provide
each student and the student's parent(s) with information about transition
planning. This information shall include:
(i)
the philosophy and purpose of the individual transition
planning process;
(ii)
the role of the student and parent in the student-driven
transition planning process;
(iii)
the areas of consideration for the individual transition
planning process to include the following:
(I)
employment;
(II)
housing;
(III)
transportation;
(IV)
recreation and leisure;
(V)
reaching age of majority;
(VI)
physical and mental health needs; and
(VII)
post-secondary education and other options;
(iv)
age requirements related to individual transition planning;
(v)
ITP committee membership;
(vi)
the relationship between the ITP and the IEP and the processes
for their development;
(vii)
interagency responsibilities and linkages when appropriate;
(viii)
comprehensive information, as individually appropriate,
made available at the annual regional planning meeting; and
(ix)
the list of opportunities to learn about transition planning
developed as a result of the annual regional planning meeting as referenced
in subsection (f)(1)(D)(i)(V) of this section.
(B)
Individual transition plan development process.
(i)
The ITP meeting shall be initiated and facilitated by the
LEA in collaboration with the student and parent.
(ii)
The ITP committee shall develop and annually review an
ITP for each student enrolled in a special education program who is at least
16 years of age. At each annual review, the ITP committee shall review the
student's progress on the ITP and revise the ITP, as appropriate. A student,
parent, or party may request the development of an initial ITP for a student
younger than age 16. The ITP committee shall determine the need to develop
an initial ITP at an earlier age than 16.
(iii)
The ITP shall be developed as a separate document from
the IEP.
(iv)
A copy of the ITP shall be given to the student and his
or her parent(s). To the extent that consent is granted, a copy of the ITP
shall be provided to agencies and others that will assist in the implementation
of the ITP.
(v)
The ITP development process shall begin with a committee
discussion of the student's and parents' role in guiding the transition planning
process and the student's vision for independence, self-determination, and
inclusion in the community. If the student is unable to attend, the LEA will
obtain the student's preferences and interests in writing. Any committee member
may provide information relevant to the student's ITP.
(vi)
The ITP committee shall discuss and determine the student's
long-range goals in the following areas:
(I)
employment;
(II)
housing;
(III)
transportation;
(IV)
recreation and leisure;
(V)
issues relating to reaching age of majority (e.g., PRS
conservatorship, guardianship, health benefits);
(VI)
physical and mental health needs;
(VII)
post-secondary education and other options; and
(VIII)
other issues impacting transition to life outside the
public school system.
(vii)
The ITP committee shall discuss and identify:
(I)
strategies and activities for achieving each of the identified
goals;
(II)
how progress toward the goals will be evaluated;
(III)
a network of support, including, but not limited to,
family, friends, coworkers, agencies, and community resources available to
the public, that is needed to achieve the student's desired goals;
(IV)
when, where, and how support services shall be provided
by the network of support. It shall also include a description of specific
support services; and
(V)
the responsible parties and/or network of support and projected
timelines for each of the goals.
(viii)
Elements of the ITP that are the responsibility of the
student and parent(s) shall be discussed at the meeting and included in the
ITP.
(ix)
The ITP may include identification of and referral for
potential services, but may not include commitment of services for agencies
not attending the meeting.
(x)
For students who are incarcerated, the ITP shall identify
the needed transition services to facilitate the reintegration of the student
to the home community and to the receiving LEA.
(C)
Agency responsibility.
(i)
Regional or local representatives of a party shall attend
ITP and review meetings for the students who are currently receiving services
from that party.
(ii)
Agencies are encouraged, based on agreements reached at
the annual regional planning meeting and availability of personnel, to attend
ITP and review meetings for any student who is not currently receiving, but
may be in need of, services.
(iii)
Regional or local representatives of a party that are
unable to attend an ITP or review meeting shall, prior to the meeting, send
information or communicate with school personnel through options identified
in the annual regional planning meeting.
(iv)
The elements of the student's ITP to be accomplished by
a responsible party shall be included in that party's individualized plan
of service for the student.
(v)
The following services and activities supporting transition
shall be initiated and provided on an individual student basis by the LEA:
(I)
educational programming, including instruction, related
services, community experiences, development of employment, other post-school
adult living objectives, and, if appropriate, acquisition of daily living
skills and functional vocational evaluation;
(II)
community-based instructional alternatives focusing on
independent living and employment;
(III)
appropriate instructional environments within adult settings
for students ages 18 - 21; and
(IV)
referral of students and parents to other agencies for
service consideration.
(vi)
The following services and activities supporting transition
shall be initiated and provided by the TRC:
(I)
the planning, administrative, and staff training costs
of providing assistance to LEAs and education service center personnel to
plan effectively with students who have disabilities who would benefit from
referral to the TRC programs; and
(II)
the cost of services provided to eligible individuals
with disabilities once they have made the transition from the receipt of educational
services in school to the receipt of vocational rehabilitation services or
other program services provided by the TRC.
(vii)
Each party shall ensure compliance with this MOU.
(5)
Procedural relationship between the development of the
ITP and the development of the IEP.
(A)
Federal law requires that the IEP for each student, beginning
at age 14 (or younger, if determined appropriate by the ARD committee) and
updated annually, must include a statement of the transition service needs
of the student under the applicable components of the student's IEP that focuses
on the student's courses of study (such as participation in advanced placement
courses or a vocational education program).
(B)
Federal law requires that the IEP for each student, beginning
at age 16 (or younger, if determined appropriate by the ARD committee), must
include a statement of needed transition services for the student, including,
if appropriate, a statement of the interagency responsibilities or any needed
linkages.
(C)
The ITP shall be developed or reviewed apart from the development
of the IEP. To minimize scheduling conflicts, the LEA may schedule the development
and annual review of the ITP immediately before the ARD committee's development
and review of the IEP.
(D)
Only those components of the ITP that are the responsibility
of the LEA may be incorporated into the student's IEP. Only the failure to
implement those components of a student's ITP that are included in the IEP
are subject to the due process procedures of IDEA or to TEA complaint procedures.
(E)
The time between the ITP meeting and the subsequent ARD
committee meeting to incorporate into the IEP those components of the ITP
that are the responsibility of the LEA shall be no more than 30 school days.
(F)
In the following circumstances, the ARD committee shall
establish a timeline for development of an ITP.
(i)
Once eligibility for special education services is determined
for a student who is at least 16 years old, the ITP must be developed within
30 school days of the initial IEP development.
(ii)
For a transfer student who is at least 16 years old and
without a current ITP, an ITP must be developed 30 school days from the final
transfer ARD committee meeting.
(iii)
For a transfer student who is 15 years old and who will
turn 16 in less than 30 calendar days from the date of enrollment, an ITP
must be developed within 30 school days from the final transfer ARD committee
meeting.
(G)
For a transfer student with an ITP, the ARD committee shall
review the ITP and determine the need for revision within 30 school days from
the final transfer ARD committee meeting.
(f)
Participation.
(1)
Annual regional planning meeting.
(A)
Annual regional planning meeting shall be held in each
of the 20 education service center (ESC) regions in the state in accordance
with the terms of this section.
(B)
The purpose of the annual regional planning meeting is
to develop common goals, cooperative working relationships, and a written
process for implementing and maintaining effective transition planning.
(C)
The parties, with the exception of TJPC, shall send regional
or local representatives to annual regional planning meetings. Additional
participants at the annual regional planning meeting may include persons with
disabilities, their parents or other family members, educators, agencies,
representatives from consumer and advocacy organizations, and business and
community leaders.
(D)
The timeline and procedures for the initial annual regional
planning meeting include the following.
(i)
By March 1, 2003, and at least annually thereafter, each
ESC shall ensure that an annual regional planning meeting involving the representatives
and participants identified in subparagraph (C) of this paragraph is convened
to address:
(I)
the level of regional and local agency participation in
transition planning, including, but not limited to, procedures to ensure compliance
with subsection (e)(4)(C)(iv) of this section;
(II)
how notice to agency personnel regarding the ITP meetings
shall be provided;
(III)
consideration of less than 30 calendar days notice for
ITP meetings for transfer students due to the importance of the ITP in providing
direction for the IEP;
(IV)
options available if an agency representative is unable
to attend an ITP meeting;
(V)
the development of a list of opportunities for students
and parents to learn about transition planning with emphasis on self-determination
and making informed choices;
(VI)
how and by whom future regional planning meetings shall
be planned and facilitated;
(VII)
the process for resolving disputes at the local level;
(VIII)
the confidentiality of certain information and processes
for obtaining consent to release such information; and
(IX)
how to avoid duplication of efforts by utilizing established
groups addressing interagency issues.
(ii)
By October 1, 2003, the written process for implementing
and maintaining effective transition planning as required by subparagraph
(B) of this paragraph developed at the annual regional planning meeting shall
be shared with all the participants of the annual regional planning meeting,
as identified in accordance with subparagraph (C) of this paragraph.
(E)
During the annual regional planning meeting, the following
comprehensive information regarding regional and local agency services shall
be provided to the ESC:
(i)
a description of services, local availability, and cost
(not applicable for TJPC);
(ii)
eligibility criteria for services (not applicable for
TJPC);
(iii)
how to access services (not applicable for TJPC); and
(iv)
complaint procedures (not applicable for TJPC and THECB).
(2)
Exceptions for the use of school records as assessment
data by the parties. The parties agree to accept current relevant school records
to use as assessment data, when appropriate, except as indicated below:
(A)
TCB: no more than one year old and meets TCB guidelines;
(B)
DHS: no more than one year old and meets DHS guidelines;
(C)
TDMHMR:
(i)
Mental Retardation (MR): the person who conducts the determination
of mental retardation for eligibility for MR services considers the previous
assessment, social history, or relevant record from another entity, including
an LEA if it is a valid reflection of the individual's current level of functioning;
(ii)
MR: the determination of mental retardation includes the
establishment of the diagnosis of MR during the developmental periods, (i.e.,
before age 18). Access to school records up to seven years after graduation
is available through the Public Education Information Management System at
the LEA or through TEA for up to ten years following graduation; and
(iii)
Mental Health (MH): determination of eligibility for
special education services as a student with emotional disturbance is not
the same for eligibility for the priority populations served by mental health
services. TDMHMR requires a diagnosis by a licensed practitioner of the Healing
Arts to determine if the individual is in the priority population;
(D)
TJPC: does not provide direct services, however, the local
juvenile probation departments may accept such records;
(E)
TWC: does not provide direct services, however, the local
workforce development boards may accept such records; and
(F)
TRC: no more than three years old and meets TRC guidelines.
(3)
Transfer of information.
(A)
With the exception of TJPC, parties shall share current
service plan information with another part of their agency in a different
service area when a student moves. TDMHMR shall share information upon receipt
of a written consent by the adult student or the parent/guardian.
(B)
With the exception of TJPC, parties shall share current
service plan information with the receiving LEA when a student moves upon
receipt of a written consent by the adult student or the parent.
(C)
All parties shall agree to support or participate in training
for the successful implementation of the MOU.
(g)
Information sharing.
(1)
State. Annually, the TEA will share with the parties an
aggregate of relevant information for the purpose of budget development, strategic
planning, and service coordination for students with disabilities. The information
shall include age, gender, ethnicity, disabilities, and instructional arrangement.
(2)
Training. Coordinated training shall be conducted at the
state, regional, and local levels. Elements of this training shall include
but not be limited to implementation of the MOU, interagency collaboration,
community outreach, and best practices. Training shall be organized as follows.
(A)
A lead ESC will facilitate the development, with input
from the parties, of a training model to be used at the state, regional, and
local levels.
(B)
Each party shall designate staff to conduct joint interagency
training for appropriate state and regional level personnel of the parties
and state and regional representatives from agencies.
(C)
The regional representatives of the parties shall designate
staff to conduct joint interagency training for the local representatives
of the parties, participants in the annual regional planning meeting, and
students, families, local agencies, and interested members of the community.
(h)
Dispute resolution.
(1)
Local disputes.
(A)
If a local dispute (between or among LEAs and/or local
entities of the parties) concerning the implementation of this MOU arises
prior to the initial annual regional planning meeting in a particular region,
the dispute shall be addressed according to the following procedure.
(i)
Resolution of the dispute shall first be attempted at the
local level. The specific issues involved in the dispute and possible solutions
shall be identified and referred to local personnel authorized to make decisions
necessary to resolve the dispute.
(ii)
If resolution is not reached after a reasonable period
of time (not to exceed 45 days unless the disputing entities agree otherwise),
the disputing entities shall refer the dispute to the TEA for further negotiations
toward a mutually agreeable resolution. The TEA will contact the disputing
entities and set up a meeting for this purpose.
(iii)
Disputing entities referring disputes to the TEA shall
identify:
(I)
the nature of the dispute;
(II)
any resolutions agreed upon;
(III)
the issues that remain unresolved; and
(IV)
the contact persons representing the disputing entities.
(B)
In accordance with subsection (f)(1)(D)(i)(VII) of this
section, each region's initial annual regional planning meeting must address
the process for resolving local disputes. Local disputes that arise after
these local dispute resolution processes are in place shall be addressed according
to the applicable local process.
(2)
State agency disputes.
(A)
Resolution of disputes concerning implementation of this
MOU between two or more parties must first be attempted at the staff level.
If resolution is not reached after a reasonable period of time (not to exceed
45 days unless the disputing parties agree otherwise), the disputing parties
will refer the dispute to their respective executive officers, or their designees,
for further negotiation. The appropriate state officials shall meet to seek
resolution of the dispute.
(B)
If the chief executive officers of the disputing parties
determine that the dispute cannot be resolved at their level, the disputing
parties may pursue resolution through the use of mediation pursuant to the
Governmental Dispute Resolution Act, Texas Government Code, Chapter 2009.
(i)
MOU review. This MOU may be reviewed and considered for
expansion, modification, or amendment at any time the executive officers of
the parties agree or at least every four years.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on June 12, 2002.
TRD-200203687
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 463-9701