The obligation to make a free appropriate public education (FAPE) available to all children with disabilities does not apply to children aged 18 through 21 who, in the last educational placement prior to incarceration in an adult correctional facility:

• Were not actually identified as being a child with a disability; and

• Did not have an individualized education program (IEP) as defined in the RULE OF CONSTRUCTION framework. 

• Had been identified as a child with a disability and had received services in accordance with an IEP, but who left school prior to their incarceration; or

• Did not have an IEP in their last educational setting, but who had actually been identified as a child with a disability.

• The requirements of STATE AND DISTRICTWIDE ASSESSMENTS do not apply;

• The requirements of TRANSITION SERVICES do not apply if the student will be released from prison after he or she is no longer age eligible under the IDEA based on consideration of:

• The sentence; and

• Eligibility for early release; and

• If the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated, the student's ARD committee may modify the child's IEP or placement notwithstanding the least restrictive environment (LRE) and IEP content requirements of the IDEA.

TRANSFER OF PARENTAL RIGHTS

All rights accorded to parents under the Individuals with Disabilities Education Act (IDEA), including the right to receive notice, transfer to children who are incarcerated in an adult or juvenile Federal, State, or local correctional institution, unless the parent or other individual has been granted guardianship of the child under the Texas Probate Code.

Notice of the transfer of parental rights to the incarcerated student must be given to the parent and the incarcerated student (which need not contain the elements of PRIOR WRITTEN NOTICE).