UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

Honorable M ike M orath
Commissioner
Texas Education Agency
1701 N . Congress Ave.
Austin, Texas 78701

OCT 19 2018

Dear Commissioner Morath :
Th is letter is to provide you with the Offi ce of Spec ial Education P rogram 's (OSEP) response to
the Texas Education Agency (TEA) corrective action response (CAR ) . On Apri l 23 , 20 18, TEA
provided the CAR to O SEP to address OSEP's Ja nua ry 11, 20 18 monitoring fi ndings related to
the State's imple me ntat ion of the indiv iduals w ith Disabilities Education Act (IDEA).
We appreciate the dedication and a ttention that TEA bas demonstrated in response to OSEP's
fi ndings of noncompl iance. The E nclosure to this lette r references the actions tha t TEA
identi fied in response to each of O SEP 's required corrective actions and provides OSEP 's
response to TEA 's subm ission. OSEP acknowledges that the CAR outlines a number of
necessary steps tha t TEA is taking, and plans to take, to address the find ings included in OSEP's
repo 11. OSEP w ill work w ith TEA to schedule an additiona l o nsite moni toring visit in ear ly 20 19
a t which time we will review the State's progress in im plementing the CAR and associated
IDEA requirements.
OSEP appreciates t be significant work that TEA has e ngaged in over the past year to improve the
provision of specia l e ducation and re lated services in Texas. We look forward to ensuring the
s uccessful implementation of the activ it ies refere nced in the C AR, and future resolution of the
thr ee fi ndings of noncompliance.
lf you have any questions or w ish to request technical assistance, please do no t hesi tate to call
your OSEP Sta te Lead, Leslie Clithero, at 202-245-6754.
S incerely,

~4_c4cr1~
,,

/

Ruth E. Ryde r
Acting Director
Offi ce of Specia l Educat ion Programs
E nclosure
cc: Justin Porter
State Director fo r Special Education

400 MARYLAND AVE. S.W., WASHINGTON DC 20202-2600
www.ed.gov

The Department ofEducation's mission is to promote student achie1Jement and preparation for global competiti1Jeness by
fostering educational excellence and ensuring equal access.

 OSEP Response to Texas Corrective Action Response 10/17/18

OSEP Requirement #1: Documentation that the State's system of general supervision requires
that each local educational agency (LEA) 1 identifies, locates, and evaluates all children suspected
of having a disability who need special education and related services, in accordance with
section 612(a)(3) of the JDEA and its implementing regulation at 34 CFR §300.111 and makes
FAPE available to alJ eligible children with disabilities in accordance with section 612(a)(1) of
the IDEA and its implementing regulation at 34 CFR §300.101.
11

TEA Response I .a. provides that TEA will "[cJommunicate to all LEAs the Child Find
and FAPE requirements and obligations in IDEA" TEA's timeline for completion of this
corrective action is specified as November 17, 2016 and February 26, 2018. TEA 's
Documentation/Evidence of Progress/Completion includes: a letter from the Deputy
Commissioner dated November 17, 2016, which predated OSEP's February 2017
monitoring visit. reminding every LEA of their child find and monitoring obligations to
prevent the over-identification of students with disabilities; and a letter dated February
26, 2018, which was issued after OSEP's/OSERS' Jamiary 11, 2018 monitoring report,
reiterating LEA· s child find obligations and responsibilities, including when parents
request an evaluation under the IDEA and the relevant State provisions.
o

•

TEA response Lb. provides that TEA will review and ensure that the assurance
statements it receives from LEAs clearly convey that the LEA has accepted and assured
compliance with relevant IDEA requirements. TEJ\.'s timeline for completion of this
corrective action is January 10, 2019. TEA's Documentation/Evidence of
Progress/Completion is that 100% of LEAs who receive IDEA formula and discretionary
funds have provided the requisite assurances and documentation that they have policies,
procedures, and programs in effect that are consistent with State policies and procedures
under 34 CFR §§300.101 - 300.163 and 300.165 - 300.174 (34 CFR §300.201 ).
o

•

1

OSEP Response to TEA Response I.a.: OSEP expects that TEA will identify and
describe the additional activities it has carried out or is implementing, including
providing the timeline for completion of such additional activities and the
Documentation/Evidence of Progress/Completion of the activities.

OSEP Response to TEA Response 1.b.: TEA must develop a process, as part of its
general supervisory responsibility, to identify a representative sample ofLEAs in the
State and conduct a review of their policies and procedures relating to Child Find,
evaluations, and F APE Any information or documentation collected by TEA to
satisfy this requirement should be maintained for possible review by OSEP in
conjunction with future monitoring of TEA.

TEA response 1.c. provides that TEA will "[r]evise monitoring protocols and document
review requirements to ensure evidence of supervision activities related specifically to

OSEP used the term '·Independent School District (ISD)" as used in Texas, for purposes of the monitoring letter.
However, for consistency, in this response, OSEP will use '·LEA'', as it is the term used in IDEA.

 OSEP Response to Texas Corrective Action Response 10/17/18

implementing regulations for Child Find and FAPE requirements.'' TEA's timelinc for
completion of this corrective action is December 1, 2018. The Documentation/Evidence
of Progress/Completion is that TEA will produce evidence of monitoring protocols that it
will use for on-site and desk reviews that include information-gathering activities
targeting LEAs' implementation of Child Find and FAPE requirements.
o

•

OSEP Response to TEA Response Le.: OSEP appreciates TEA's efforts and agrees
that properly revising monitoring protocols to review implementation of the relevant
requirements is an imp01tant way for TEA to exercise its general supervision
authority in this area. Therefore, OSEP requires TEA to submit the revised
monitoring protocols by December 1, 2018. OSEP will review the revised monitoring
protocols and provide feedback, if needed, \.,.foch may be provided in conjunction
with a future on-site visit. OSEP will also review TEA's implementation of the
revised monitoring protocols as prn1 of the State's implementation of corrective
actions associated with the report.

TEA Response l.d. provides that TEA will "[m]akc publicly available, easily accessible
and understandable information regarding available dispute resolution programs
(including IEP facilitation, mediation, state complaints, and due process hearings)
specific to Child Find, FAPE, and other IDEA requirements.'' TEA's timeline for
completion of this corrective action is December 1, 2018. TEA's
Documentation/Evidence of Progress/Completion is TEA's Special Education Dispute
Resolution Handbook and "pamphlets that offer quick reference to parents about the
dispute resolution programs."
o OSEP Response to TEA Response 1.d.: OSEP appreciates TEA's response indicating
that communications will be easily accessible and understandable. Please note that, to
the extent that these materials are used to provide the procedural safeguards notice
required by 34 CFR §300.504. TEA also must ensure that this information is provided
to parents in their native language or other mode of communication used by the
parent, unless clearly not feasible to do so, and in language that is understandable to
the general public, consistent with 34 CFR §300.503(c). 2

•

TEA Response l .e. provides for "ongoing training of hearing ofiicers, mediators, and
complaints investigators regarding legal provision [sic] of Child Find." TEA's timeline
for completion of this corrective action is December 1, 2018. TEA' s Documentation/
Evidence of Progress/Completion only includes ''the most recent training conducted by
an independent expert in the field of special education law.''
o

OSEP Response to TEA Response I.e.: TEA must provide documentation of
trainings of hearing officers, mediators, and complaint investigators from January 11,
2018 through the end of the correction period.

2

WJ1ether or not this information is included in the procedural safeguards notice, TEA also has an obligation to
ensure that the infonnation is effectively communicated to parents who are limited English proficient. in a language
they can understand, consistent with Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d. (Title VI) and the
Equal Educational Oppmtunities Act of 1974, 20 U.S.C. § !703(i), (EEOA).

2

 OSEP Response to Texas Corrective Action Response 10/17/18

OSEP Requirement # 2: A plan and timelinc by \Vhich TEA will ensure that each LEA will (i)
identify, locate, and evaluate children emolled in the LEA who should have been referred for an
initial evaluation under the IDEA, and (ii) require IEP Teams to consider, on an individual basis,
whether additional services arc needed for children previously suspected of having a disability
who should have been referred for an initial evaluation and were later found eligible for special
education and related services under the IDEA, taking into consideration supports and services
previously provided to the child.
•

TEA response 2.a. provides that TEA will require all LEAs to "distribute information to
every enrolled student's family regarding IDEA's Child Find and FAPE requirements
and obligations, to inform them of their rights under IDEA and to provide contact
information to request an initial evaluation." TEA's timeline for completion of this
corrective action is December 1, 2018. TEA's Documentation/Evidence of
Progress/Completion includes that 100% of LEAs will have ''materials to publish on their
website" and that "LEAs must provide assurance [sic] of having met this requirement
through the Legal Framework."
o

e

OSEP Response to TEA Response 2.a.: OSEP requests that TEA provide additional
information to describe TEA's "Legal Framework" and its relationship to this
corrective action. In addition, with regard to the published materials that TEA has
committed to provide for LEAs to post on their websites, TEA must explain, where
applicable, how it will ensure LEAs communicate this information to families
through means other than postings on websites, \Vhcn necessary. Further, to the extent
that these documents are utilized in fulfilling the lDEA 's parent notice requirements
in 34 CFR §300.503, 34 CFR §300.504, or 34 CFR §300.612. they must meet the
requirements for accessible communications in 34 CFR §300.503(c), and if these
published materials are not provided to meet IDEA's notice requirements, they meet
the effective communication requirements for parents who arc limited English
proficient as described in footnote 2 above.

TEA response 2.b. provides that "TEA will provide guidance and information related to
LEA legal responsibilities under state and federal law, including the identification of all
eligible students and subsequent additional service guidelines, processes and best
practices regarding provision of Child Find, Evaluation, Procedural Notice and
Safeguards, and supports and services that results in positive school outcomes and
success," TEA's timeline for completion of this corrective action is December 1, 2018.
TEA 's Documentation/Evidence of Progress/Completion states that 100% of LEAs will
receive guidance and information related to their legal responsibilities under state and
federal law, including the identification of all eligible students and subsequent
compensatory service guidelines."
o

OSEP Response to TEA Response 2.b,: OSEP will reviev,,r the follovving information
in conjw1ction with a future on-site visit: (i) the specific guidance and infomrntion
TEA provides to its LEAs related to LEA legal responsibilities; (ii) specific details of
TEA's plan to infonn 100 percent of its LEAs of their legal responsibilities related to
J

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 OSEP Response to Texas Corrective Action Response 10/17/18
identification and evaluation of all eligible children and TEA 's guidance for LEAs
regarding subsequent additional service; and. (iii) TEA's plan and implementation
procedures to monitor how LEAs are distributing this information internally (sec
Requirement #4). OSEP will provide feedback, if needed, in conjunction with a future
on-site visit and review ofTEA's implementation of the guidance as part of the
State's implementation of corrective actions associated with the report.
•

TEA response 2-c. provides that TEA ·will require LEAs to collect and retain data that
includes: (i) each request for an evaluation made during the 2018-2019 school year; (ii)
whether the reason for the request indicates a claim that the child should have been
referred for an initial evaluation prior to the 2018-2019 school year; and (iii) if the child
is found eligible, whether compensatory services are needed. LEAs may produce this
data to TEA upon request, or through approved TEA data collection procedures. TEA's
timcline for completion of this corrective action is September 1, 2018. TEA's
Documentation/Evidence of Progress/Completion is that I 00% of LEAs will receive
information relating to this requirement and notice of how TEA will collect this data.
o OSEP Response to TEA Response 2.c.: OSEP recognizes the efforts TEA has made
in proposing that LEAs collect and retain this data to address corrective action #2. It
is OSEP's understanding that TEA will use this data to determine that each LEA: (i)
identifies, locates, and evaluates children enrolled in the LEA who should have been
referred for an initial evaluation under the IDEA, a11d (ii) provides technical
assistance, as appropriate, to IEP Teams as they consider, on an individual basis,
whether additional services are needed for children previously suspected of having a
disability who should have been referred for an initial evaluation and were later found
eligible for special education and related services under the IDEA, taking into
consideration supports and services previously provided to the child. OSEP will,
possibly in conjunction with future monitoring activities. review these eff011s.

OSEP Requirement# 3: A plan and timeline by which TEA will provide guidance to LEA staff
in the State, including all general and special education teachers, necessary to ensure that LEAs
(i) ensure that supports provided to struggling learners in the general education environment
through RTI, Section 504, and the State's dyslexia program are not used to delay or deny a
child's right to an initial evaluation for special education and related services under the IDEA;
(ii) are provided information to share with the parents of children suspected of having a disability
that describes the differences between RTI, the State dyslexia program, Section 504, and the
IDEA, including how and when school staff and parents of children suspected of having a
disability may request interventions and/or services under these programs; and (iii) disseminate
such information to staff and the parents of children suspected of having a disability enrolled in
the LEA ·s schools, consistent with 34 CFR §300.503(c).
•

TEA Response 3.a. states that "[u]pon direction from the State Board of Education, TEA
will facilitate a process to revise the Texas Dyslexia Handbook to clarify the difference
between dyslexia and dyslexia-related services, IDEA, Section 504, and Rtl, and ensure
clear guidance in the field, especially as it relates to dyslexia and dyslcxia~rclated
disabilities being eligible for IDEA. TEA will ensure that any guidance is compliant with
4

 OSEP Response to Texas Corrective Action Response 10/17/18
IDEA." TEA 's timeline for completion of this corrective action is November 1, 2018.
TEA 's Documentation/Evidence of Progress/Completion is the completed, approved, and
adopted Dyslexia Handbook.
o OSEP Response to TEA Response 3.a.: OSEP will review the revised Texas Dyslexia
Handbook.
•

TEA response 3.c. provides that TEA "will leverage resources to enable the creation of a
suite of information intended to be shared with parents of children suspected of having a
disability." These resources will describe the differences between Rtl, the State dyslexia
program (for dyslexia or dyslexia-related needs), Section 504, and the IDEA, and would
be developed in conjunction with extensive stakeholder feedback. TEA states that it will
"provide resources and guidance to support LEA understanding of IDEA and state statute
compliance." TEA's timeline for completion of this corrective action is December 1,
2018. TEA's Documentation/Evidence of Progress/Completion is that "100% ofLEAs
will receive materials that can be used to: present their statutory and professional
requirements to their local school boards; publish infom1ation on their websites; and,
provide assurances of this requirement through the Legal Framework."
o OSEP Response to TEA Response 3.c.: OSEP requires TEA to provide additional
information. TEA must: (i) provide for OSEP's review a representative sample of the
documents it has produced to satisfy this Corrective Action. As previously noted, to
the extent that the materials are utilized to meet the requirements of 34 CFR
§§300.503, 300.504 and 300.612 they must be provided in a manner that is consistent
with the accessible communication requirements in 34 CFR §300.503(c) and if not
provided to meet IDEA's notice requirements, the published materials must meet the
requirements for effective communication with parents who are limited English
proficient as described in footnote 2 above). TEA must specify how it will ensure
LEAs' broader dissemination of these materials, to the extent that not all families in
Texas may have access to such websites.

OSEP Requirement# 4: A plan and timeline by which TEA will monitor LEAs'
implementatioa of the IDEA requirements described above ,vhen struggling learners suspected
of having a disability and needing special education and related services under the IDEA are
receiving services and supports through RTI, Section 504, and the State's dyslexia program.
•

TEA response 4.a. states that "TEA will restructure Agency oversight with increased
capacity and monitoring expertise, ensuring a balanced system of compliance and results­
driven accountability monitoring and intervention practices in the state, that includes
specific monitoring requirements to review LEAs' implementation of the IDEA
requirements found in 34 CFR §§300.111 and 300.101 when struggling learners
suspected of having a disability and needing special education and related services under
the ]DEA are receiving supports through RTI, Section 504, and/or the State's dyslexia
program." TEA's timeline for completion of this corrective action is that the
reorganization will be completed by August 2018. TEA's DocumentationJEvidence of
Progress/Completion is the transition of the Special Education monitoring duties from
5

 OSEP Response to Texas Corrective Action Response 10/17/18
School Improvement to Special Populations (in the Office of Academics) as part of a new
Review and Support Team. Until the transition is complete, TEA will require School
Improvement to include specific monitoring requirements to review LEAs'
implementation of the IDEA child find, evaluations, and FAPE requirements "and other
requirements of IDEA found in this Corrective Action Response."
o OSEP Response to TEA Response 4.a.: TEA must maintain a plan and timeline that
specifies how its overall monitoring system will be implemented to ensure
compliance with the statutory and regulatory provisions of the IDEA tbat are reflected
in these con-cctivc actions. TEA must specify how it will identify noncompliance by
each LEA and describe the specific actions it may take to ensure that LEAs correct
any noncompliance identified as soon as possible, but in no case later than one year
from the State's identification of the noncompliance, as required by 34 CFR
§300.600(e). OSEP will review the implementation ofTEA's plan and timeline in
conjunction with future monitoring activities
e

TEA Response 4.6. specifies that TEA will establish broad stakeholder involvement
opportunities, including input from the State's Continuing Advisory Committee (CAC) to
inform and provide feedback on effective monitoring practices that will be additionally
developed and implemented by TEA to ensure LEAs are meeting regulatory requirements
under IDEA for struggling learners suspected of having a disability and needing special
education and related services, regardless of whether they are receiving other services
and supports through RTl, Section 504, and the State's dyslexia program. TEA's timeline
for completion of this corrective action is December 2018. TEA 's
Documentation/Evidence of Progress/Completion is that at least six stakeholder meetings
would be held between May 2018 and December 2018, inclusive of representative
stakeholder groups.
o

OSEP Response to TEA Response 4.b.: OSEP appreciates TEA's continuing efforts
to obtain and respond to stakeholder input. Because of the value of this input and
OSEP's previous outreach in the State, OSEP will continue to request updates from
TEA to learn of ongoing and meaningful stakeholder involvement as TEA
implements the corrective actions outlined in this response.

6