EHBAE (TSBVI) Special Education: Procedural Requirements


The local school district shall establish and maintain procedures designed to ensure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of a free appropriate public education (FAPE). 20 U.S.C., 1415(a)

The local school district will provide an opportunity for the parents to review all education records and to participate in meetings relating to the identification, evaluation, and educational placement for provision of FAPE to the child. 34 CFR 300.501

TSBVI will participate collaboratively with the local district for students referred for services at TSBVI. Please see the local school district’s board policies on the following:

  • Examination of Records and Participation in Meetings
  • Independent Educational Evaluation
  • Assignment of Surrogate Parent
  • Prior Written Notice
  • Mediation
  • Complaints
  • Due Process Complaint
  • Consent
  • Language of Notices
  • Electronic Delivery of Notices
  • Procedural Safeguards Notice
  • Prior Notice and Consent
  • Complaint Procedures
  • Appointment of Surrogate Parent(s) for Certain Children
  • Resolution Process
  • Transfer of Rights to Adult Students


The local school district shall obtain informed parental consent before conducting any reevaluation of a student with a disability, except that such informed parental consent need not be obtained if the local district can demonstrate that it has taken reasonable measures to obtain such consent and the parent has failed to respond. 20 U.S.C. 1414(c)(3)

Psychological Examinations and Tests

On request of a student’s parent, before obtaining the parent’s consent for the administration of any psychological examination or test as part of the reevaluation of the student’s need for special education, the local district shall provide to the student’s parent:

  1. The name and type of the examination or test; and
  2. An explanation of how the examination or test will be used to develop an appropriate IEP for the student.

If TSBVI determines that an additional examination or test is required for the evaluation of a student’s need for special education, the local school district shall provide the information above to the parent regarding the additional examination or test and shall obtain additional consent for the examination or test. If TSBVI requests an assessment of a student’s educational or visual impairment related needs, and evaluators are not readily available utilizing existing staff, TSBVI may arrange for assessment and charge the local district a reasonable fee for the assessment.

Education Code 29.0041(a), (b) 30.022(g)

Adopted:         1/24/02

Amended:       1/30/04, 9/22/06, 6/5/13, 11/15/18, 5/28/20