TEA Texas Education Agency Commissioner Mike Morath 1701 North Congress Avenue • Austin, Texas 78701-1494 • 512 463-9734 • 512 463-9838 FAX • tea.texas.gov May 17, 2019 U.S. Department of Education Potomac Center Plaza Mailstop 2600, Room 5028 550 12th Street, SW Washington, DC 20202 To Whom It May Concern: Please find the Fiscal Year 2019 State Application for Texas with all required documents. Our State Application posting began on March 15, 2018 inclusive of a 30-day comment period beginning April 1, 2019 through April 30, 2019 with our 60-day posting ending on May 14, 2019 and received written comments during this period. Additionally, the Texas Education Agency (Agency) ceceived public comments during two public hearings held on March 27 and 28, 2019. These comments were considered in making changes specific to allocations found in Section Ill, Other State-Level Activities of the state application. The application and all required documents were posted on our agency's website. Notice was sent via the Texas Register to the public in our state and communicated to key stakeholder groups. Copies of the web posting and the notice are included with our application. Please note that the Part B Interactive Spreadsheet was completed based on the information available at this time (2019 Interactive Spreadsheets). Once our Agency's budget has been finalized, there may be a need to revise this information. Thank you and please contact me at 512.463.9414 or justin.porter@tea.texas.gov if you have any questions. ustin Porter Ed. D. State Director, Special Education Texas Education Agency cc: Al Jones OSEP Associate Division Director Leslie Poynter OSEP State Contact Alecia Walters OSEP State Contact 0MB NO. 1820-0030 Expires: 8/31/2021 ANNUAL STATE APPLICATION UNDER PART B OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT AS AMENDED IN 2004 FOR FEDERAL FISCAL YEAR 2019 CFDA No. 84.027A and 84.173A ED FORM No. 9055 UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF SPECIAL EDUCATION PROGRAMS Washington, DC 20202-2600 Public Burden Statement According to the Papeiwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid 0MB control number. There are 60 respondents who, under Pl 108-446, are required to submit the IDEA Part B Annual State Application in order to receive a grant award under Part B of the IDEA. The data burden is expected to require an average of 14 hours per respondent, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The burden estimate is 840 hours. Respondents are required to submit information for Sections I-IV of the Annual State Application in order to receive a grant under Section{s) 611 and/or 619 of the Individuals with Disabilitfes Education Act. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the U.S. Department of Education, 400 Maryland Ave .• SW, Washington, DC 20202-4536 or email ICDocketMgr@ed.gov and reference the 0MB Control Number 1820-0030. Note: Please do not return the completed Annual State Application under Part B of The Individuals with Disabilities Education Act as Amended in 2004 to this address. Texas State Section I A. Submission Statement for Part B of IDEA Ptease select 1 or 2 below. Check 3 if appropriate. 1. ✓ The State provides assurances that it has in effect policies and procedures to meet all eligibility requirements of Part B of the Act as found in PL 108-446, the Individuals with Disabilities Education Act and applicable regu lations (IDEA). The State is able to meet all assurances found in Section II.A of this Application. 2. The State cannot provide assurances for all eligibility requirements of Part B of the Act as found in PL 108-446. The State has determined that it is unable to make the assurances that are checked as 'No' in Section II.A. However, the State assures that throughout the period of this grant award the State will operate consistent with all requirements of IDEA in PL 108-446 and applicable regulations. The State will make such changes to existing policies and procedures as are necessary to bring those poficies and procedures into compliance with the requirements of the IDEA, as amended, as soon as possible, and not later than June 30, 2020. The State has included the date by which it expects to complete necessary changes associated with assurances marked 'No'. (Refer to Assurances found in Section I I.A) Optional: ✓ 3. The State is submitting modifications to State policies and procedures previously submitted to the Department. These modifications are: (1) deemed necessary by the State, for example when the State revises applicable State law or regulations; (2) required by the Secretary because there is a new interpretation of the Act or regulations by a Federal court or the State's highest court; and/or (3) because of an official finding of noncomplrance with Federal law or regulations. B. Conditional Approval for Current Grant Year If the State received conditional approval for the current grant year, check the appropriate statement(s) below: 1. Conditional Approval Related to Assurances in Section II.A: a. ✓ 2. Section II.A provides documentation of completion of all issues identified in the FFY 2018 conditional approval letter. b. As noted in Section II.A, the State has not completed all issues identified in the FFY 2018 conditional approval letter. Conditional Approval Related to Other Issues: a. b. c. The State previously submitted documentation of completion of all issues identified in the FFY 2018 conditional approval letter. The State is attaching documentation of completion of all issues identified in the FFY 2018 conditional approval letter. (Attach documentation showing completion of all issues.) The State has not completed all issues identified in the FFY 2018 conditional approval letter. (Attach documentation showing completion of any issues and a list of items not yet comp leted.J Part B Annual State Application: FFY 201 9 0 MB No. 1820-0030/Expiration Date - 8-31-2021 Section I -1 Texas State Section II A. Assurances Related to Policies and Procedures The State makes the following assurances that it has policies and procedures in place as required by Part B of the Individuals with Disablfities Education Act. (20 U.S.C. 1411-1419: 34 CFR §§300.100-300.174) *Note: Assurances that cannot be given (assurance 1, 3, and 11) are due to pending status of corrective actions submitted by the State and currently under review by OSEP. Yes (Assurance is given.) No* Assurances Related to Policies and Procedures (Assurance cannot be given Provide date on whieh State will complete changes in order to provide assurance.) Check and enter date(s) as ann/icabFe ✓ 1. A free approprtate public education is available to an children with disabilities reslding in the State between the ages of 3 and 21 , inclusive, inctuding chDdren with disabilities who have been suspended or expelled , in accordance with 20 U.S .C. 1412(a)(1); 34 CFR §§300.101-300.108. 2. The State has established a goal of providing a full educational opportunity to all children with disabilities and a detailed timetable for accomplishing that goal. (20 U.S .C. 1412(a)(2); 34 CFR §§300.109-300.110) 3. All children with disabilities residing in the State, including children with disabilities who are homeless or are wards of the State and children with disabilities attending private schools, regardless of the severity of their disabiUties, and who are in need of special education and related servtces, are idenUfied, tocated, and evaluated and a practical method is developed and implemented to determine which children with disabilities are currentfy receiving needed special education and related services in accordance with 20 U.S.C. 1412(a)(3); 34 CFR §300.111 . 4. An individualized education program, or an individualized family service plan that meets the requirements of section 636(d), is developed, reviewed, and revised for each child with a disability in accordance with 34 CFR §§300.320 through 300.324. except as provided in §§300.300(b)(3) and 300 .300(b)(4). (20 U.S.C. 1412(a)(4); 34 CFR §300.112) 5. To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities , are educated with children who are not disabled, and special classes, June 30, 2020 ✓ ✓ June 30, 2020 ✓ ✓ Part B Annual State Application: FFY 2019 0MB No. 1820-0030/Expiration Date - 8-31-2021 Section 11 -2 Texas State Yes (Assurance is given.) No* Assurances Related to Policies and Procedures (Assurance cannot be given Provide date on which State will complete changes in order to provide assurance.) Check and enter date(s) as ann/icab/e separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily in accordance with 20 U.S.C. 1412(a)(5)(A)-(B); 34 CFR §§300.114-300.120. ✓ 6. Children with disabilities and their parents are afforded the procedural safeguards required by 34 CFR §§300.500 through 300.536 and in accordance with 20 U.S.C. 1412(a)(6); 34 CFR §300.121. ✓ 7. Children with disabilities are evaluated in accordance with 34 CFR §§300.300 through 300.311. (20 U.S.C. 1412(a)(7); 34 CFR §300.122) ✓ 8. Agencies in the State comply with 34 CFR §§300.610 through 300.626 (relating to the confidentiality of records and information). (20 U.S.C. 1412(a)(8); 34 CFR §300.123) 9. Children participating in early intervention programs assisted under Part C, and who will participate in preschool programs assisted under this part, experience a smooth and effective transition to those preschool programs in a manner consistent with section 637(a)(9). By the third birthday of such a child, an individualized education program or, if consistent with 34 CFR §300.323(b) and section 636(d), an individualized family service plan, has been developed and is being implemented for the child. The local educational agency will participate in transition planning conferences arranged by the designated lead agency under section 635(a)(10). (20 U.S.C. 1412(a)(9); 34 CFR §300.124) 10. Agencies in the State, and the SEA if applicable, comply with the requirements of 34 CFR §§300.130 through 300.148 (relating to responsibilities for children in private schools), including that to the extent consistent with the number and location of children with disabilities in the State who are enrolled by their parents in private elementary schools and secondary schools in the school district served by a local educational agency, provision is made for the participation of those children in the program assisted or carried out under this part by providing for such children special education and related services in accordance with the requirements found in 34 CFR §§300. 130 through 300.148 unless the Secretarv has arranaed for services to those ✓ ✓ Part B Annual State Application: FFY 2019 0MB No. 1820-0030/Expiration Date - 8-31-2021 Section 11-3 Texas State Yes (Assurance 1s given.) No* Assurances Related to Policies and Procedures (Assurance cannotbe g,ven, Provide date on which State will complete changes in order to provide assurance.) Check and enter dale(s) as aoolicable children under subsection (f) [By pass]. (20 U.S.C. 1412(a)(10); 34 CFR §§300.129-300.148) ✓ 11. The State educational agency is responsible for ensuring that the requirements of Part B are met including the requirements of 34 CFR §§300.113, 300.149, 300.150 through 300.153, and 300.175 and 300.176 and that the State monitors and enforces the requirements of Part B in accordance with 34 CFR §§300.600-300.602 and 300.606300.608. (20 U.S.C. 1412(a)(11); 34 CFR §300.149) 12. The Chief Executive Officer of a State or designee of the officer shall ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each public agency described in subparagraph (b) of 34 CFR §300.154 and the State educational agency, in order to ensure that all services described in paragraph (b}(1 }(i) that are needed to ensure a free appropriate public education are provided, including the provision of such services during the pendency of any dispute under §300.154(a}(3). Such agreement or mechanism shall meet the requirements found in 20 U.S.C. 1412(a)(12)(A)-(C); 34 CFR §300.154. 13. The State educational agency will not make a final determination that a local educational agency is not eligible for assistance under this part without first affording that agency reasonable notice and an opportunity for a hearing. (20 U.S.C. 1412(a}(13); 34 CFR §300.155) 14. The State educational agency has established and maintains qualifications to ensure that personnel necessary to carry out this part are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve children with disabilities as noted in 20 U.S.C. 1412(a}(14)(A)-(E), as amended by the Every Student Succeeds Act; 34 CFR §300.156. 15. The State has established goals for the performance of children with disabilities in the State that meet the requirements found in 20 U.S.C. 1412(a)(15)(A)-(C), as amended by the Every Student Succeeds Act; 34 CFR §300.157. 16. All children with disabilities are included in all general State and districtwide assessment programs, including assessments described under section 1111 of the Elementary and Secondary Education Act of 1965, with aoorooriate accommodations and alternate assessments June 30, 2020 ✓ ✓ ✓ ✓ ✓ Part B Annual State Application: FFY 2019 0MB No. 1820-0030/Expiration Date - 8-31-2021 Section 11-4 Texas State Yes (Assurance 1s given) Assurances Related to Policies and Procedures No* (Assurance cannot be given. Provide date on which State WIii complete changes in order to provide assurance.) Check and enter date(s) as aoolicable where necessary and as indicated in their respective individuatized education programs as noted in 20 U.S.C. 1412(a)(16)(A)-(E); as amended by the Every Student Succeeds Act; 34 CFR §300.160. ✓ 17. Funds paid to a State under this part will be expended in accordance with all the provisions of Part B including 20 U.S.C. 1412(a)(17)(A}-(C); 34 CFR §300.162. 18. The State will not reduce the amount of State financial support for special education and related services for children with disabilities, or otherwise made available because of the excess costs of educating those children, below the amount of that support for the preceding ftscal year, unless a waiver is granted, in accordance with 20 U.S.C. 1412(a)(18)(A)·(D); 34 CFR §§300.163 through 300.164. 19. Prior to the adoption of any policies and procedures needed to comply with this section (including any amendments to such policies and procedures), the State ensures that there are public hearings, adequate notice of the hearings, and an opportunity for comment available to the general public, including individuals with disabilities and parents of children with disabilities. (20 U.S.C. 1412(a)(19); 34 CFR §300.165) 20. In complying with 34 CFR §§300.162 and 300.163, a State may not use funds paid to it under this part to satisfy State-law mandated funding obligations to local educational agencies, including funding based on student attendance or enrollment, or inflation. (20 U.S.C. 1412(a)(20), 34 CFR §300.166) 21. The State has established and maintains an advisory panel for the purpose of providing policy guidance with respect to special education and related services for children with disabilities in the State as found in 20 U.S.C. 1412(a)(21)(A)-(D); 34 CFR §§300.167-300.169. 22. The State educational agency examines data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities in accordance with 20 U.S.C. 1412(a)(22)(A)-(B); 34 CFR §300.170. 23a. The State adopts the National Instructional Materials Accessibility Standard for the purposes of providing instructional materials to blind persons or other persons with print disabilities, in a timely manner after ✓ ✓ ✓ ✓ ✓ ✓ Part B Annual State Application: FFY 2019 0MB No. 1820-0030/Expiration Date• 8-31-2021 Section 11-5 Texas State Yes (Assurance is given.) No* Assurances Related to Policies and Procedures (Assurance cannot be given. Provide date on which State will complete changes i n order to provide assurance.) Check and enter date(s) as ann/icabfe the publication of the National Instructional Materials Accessibility Standard in the Federal Register in accordance with 20 U.S.C. 1412(a)(23)(A) and (D); 34 CFR §300.172. 23b. (Note: Check either "23b.1" or "23b.2" whichever applies. 23b.1 The State educational agency coordinates with the National Instructional Materials Access Center and not later than 12/03/06 the SEA as part of any print instructional materials adoption process. procurement contract, or other practice or instrument used for purchase of print instructional materials enters into a written contract with the publisher of the print instructional materials to: ✓ • require the publisher to prepare and, on or before delivery of the print instructional materials, provtde to the National Instructional Materials Access Center, electronic files containing the contents of the print instructional materials using the National Instructional Materials Accessibility Standard; or • purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats. (20 U.S.C. 1412(a)(23)(C); 34 CFR §300.172) 23b.2 The State educational agency has chosen not to coordinate with the National Instructional Materials Access Center but assures that it will provide instructional materials to blind persons or other persons with print disabilities in a timely manner. (20 U.S.C. 1412(a)(23)(B); 34 CFR §300.172) 24. ✓ The State has in effect, consistent with the purposes of the IDEA and with section 618(d) of the Act, policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment described in 34 CFR §300.8. (20 U.S.C 1412(a)(24); 34 CFR §300.173) Part B Annual State Application: FFY 2019 0MB No. 1820-0030/Expiration Date - 8-31-2021 Sectio n 11-6 Texas State Yes (Assurance is given) No* Assurances Related to Policies and Procedures (Assurance cannot be given. Provide date on which State will complete changes in order to provide assurance.) Check and enter date(s) as ann/icable 25. ✓ The State educational agency shall prohibit State and local educational agency personnel from requiring a child to obtain a prescription for a substance covered by the Controlled Substances Act (21 U.S.C. 812(c)) as a condition of attending school, receiving an evaluation under 34 CFR §§300.300 through 300.311, or receiving services under the IDEA as described in 20 U.S.C. 1412(a)(25)(A)-(B); 34 CFR §300.174. Part B Annual State Application. FFY 2019 0MB No. 1820-0030/Expiration Date - 8-31-2021 Section 11-7 Texas State B. Other Assurances The State also makes the following assurances: Yes Other Assurances 1. The State shall distribute any funds the State does not reserve under 20 U.S.C. 1411(e) to local educational agencies (including public charter schools that operate as local educational agencies) in the State that have established their eligibility under section 613 for use in accordance with this part as provided for in 20 U.S.C. 1411(f)(1)-(3); 34 CFR §300.705. ✓ 2. The State shall provide data to the Secretary on any information that may be required by the Secretary. (20 U.S.C. 1418(a)(3); 34 CFR §§300.640-300.645.) ✓ 3. The State, local educational agencies. and educational service agencies shall use fiscal control and fund accounting procedures that insure proper disbursement of and accounting for Federal funds. (34 CFR §76.702) 4. As applicable, the assurance in 0MB Standard Form 424B (Assurances for Non-Construction Programs), relating to legal authority to apply for assistance; access to records; conflict of interest; merit systems; nondiscrimination; Hatch Act provisions; labor standards; flood insurance; environmental standards; wild and scenic river systems; historic preservation; protection of human subjects; animal welfare; lead-based paint; Single Audit Act; and general agreement to comply with all Federal laws, executive orders and regulations. ✓ ✓ C. Certifications The State is providing the following certifications: Yes 1. The State certifies that ED Form 80-0013, Certification Regarding Lobbying, is on file with the Secretary of Education. With respect to the Certification Regarding Lobbying, the State recertifies that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making or renewal of Federal grants under this program; that the State shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," when required (34 CFR Part 82, Appendix B); and that the State Agency shall require the full certification, as set forth in 34 CFR Part 82, Appendix A, in the award documents for all sub awards at all tiers. ✓ ✓ ✓ 2. The State certifies that certification in the Education Department General Administrative Regulations (EDGAR) at 34 CFR §76.104 relating to State eligibility, authority and approval to submit and carry out the provisions of its State application, and consistency of that application with State law are in place within the State. 3. The State certifies that the arrangements to establish responsibility for services pursuant to 20 U.S.C. 1412(a)(12)(A)-(C); 34 CFR §300.154 (or 20 U.S.C. 1412(a)(12)(A)); 34 CFR §300.154(a) are current. This certification must be received prior to the expenditure of any funds reserved by the State under 20 U.S.C. 1411(e)(1); 34 CFR §300.171 . Part B Annual State Application: FFY 2019 0MB No. 1820-0030/Expiration Date - 8-31-2021 Section 11-8 Texas State D. Statement I certify that the State of Texas can make the assurances checked as 'yes' in Section II.A and 11.B and the certifications required in Section 11.C of this application. These provisions meet the requirements of the Part B of the Individuals with Disabilities Education Act as found in PL 108446. The State will operate its Part B program in accordance with all of the required assurances and certifications. If any assurances have been checked 'no', I certify that the State will operate throughout the period of this grant award consistent with the requirements of the IDEA as found in PL 108-446 and any applicable regulations, and will make such changes to existing policies and procedures as are necessary to bring those policies and procedures into compliance with the requirements of the IDEA, as amended, as soon as possible, and not later than June 30, 2020. (34 CFR §76.104) I, the undersigned authorized official of the State of Texas. Texas Education Agency (Name of State and official name of State agency) am designated by the Governor of this State to submit this application for FFY 2019 funds under Part B of the Individuals with Disabilities Education Act (IDEA). Printed/Typed Name and Title of Authorized Representative of the State: Mike Meyer, Deputy Commissioner, Finance Administration Date: Part B Annual State Application· FFY 2019 0MB No. 1820-0030/Expiration Date - 8-31-2021 Sect;on 11 -9 Texas State Section Ill Description of Use of Funds Under Part B of the Individuals with Disabilities Education Act-20 U.S.C. 1411(e)(5); 34 CFR §300.171 States must provide the Description of Use of Funds by completing and submitting the Excel Interactive Spreadsheet with the FFY 2019 Applicatlon. Describe how the amount retained by the State educational agency under 20 U.S.C. 1411(e)(1) will be used to meet the following activities under Part B. (20 U.S.C. 1411{e)(1)-(3), {6) and (7)) The Department annually identifies for States the maximum amounts that a State may retain under Section 1411 (e)(1) and {2). 1 The dollar amounts listed in the Excel Interactive Spreadsheet by the State for administration and for other State activities should add up to less or equal to the dollar amount provided to the State by the Department for each of these activities. Enter whole dollar amounts (do not enter cents) in appropriate cells on the State's Excel Interactive Worksheet. The Excel Interactive Spreadsheet must be submitted as part of the State's application. Describe the process used to get input from LEAs regarding the distribution of amounts among activities described in the Excel Interactive Spreadsheet to meet State priorities. (20 U.S.C. 1411{e)(S){B); 34 CFR §300.704) An ongoing self-assessment process titled the Texas Continuous Improvement Process (TCIP) helps determine how the state is doing in the provision of Special Education. To perform the self-assessment, the Texas Education Agency (TEA) meets with a variety of stakeholders: the Texas Continuous Improvement Steering Committee, the Continuing Advisory Committee, High Cost Funds Committee, teachers, superintendents, Local Education Agency (LEA) representatives, advocacy organizations, parent groups, and others to review data and current activities related to the 17 performance and compliance indicators in the State Performance Plan (SPP)/Annual Performance Report (APR). These groups provide information related to the use of IDEA-8 funds in subject areas such as Access to the General Curriculum, Assistive Technology, Behavior and Discipline Management, Early Childhood, Evaluation, Parent Coordination, State Supervision, Statewide Leadership for Autism, Multicultural and Diverse Learners and Secondary Transition, among others. Additionally, TEA will provide ongoing opportunities to gather input on selected State Performance Indicators from a variety of stakeholders which includes parents, teachers, LEA administrators, disability organizations, and community agencies as well as the general public on topics to be determined. 1 Each State may reserve for each fiscal year not more than the maximum amount the State was eligible to reserve for State administration under this section for fiscal year 2004 or $800,000 [adjusted in accordance with 20 U.S.C. 1411(e)(1)(B)), whichever is g realer; and each outlying area may reserve for each fiscal year not more than 5 percent of the amount the outlying area receives under 20 U.S.C . 1411 (b)(1) for the fiscal year or $35,000, whichever is greater. For each fiscal year beginning with fiscal year 2005, the Secretary shall cumulatively adjust: 1) the maximum amount the State was eligible to reserve for State administration under this part for fiscal year 2004; and 2) $800,000, by the rate of inflation as measured by the percentage increase. if any, from the preceding fiscal year In the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor. Part B Annual State Application: FFY 2019 0MB No. 1820-0030/Expiration Date - 8-31 -2021 Section Ill -1 FFY Texas 2019 REGULAR AWARD AMOUNT Est. $1,075,095,895 TOTAL AWARD AMOUNT $1,075,095,895 ADMINISTRATION Sec. Ill Maximum Available for Administration. $19,419,544 How much do you want to set aside for Administration in dollars? $19,419,5441 You must distribute, in whole dollars, the amount you want to set aside for Administration among the following activities: For the purpose of administering IDEA Part B including Preschool Grants under 20 U.S.C. 1419, a High Cost Fund, and the coordination of activities under Part B with, and providing technical assistance to, other programs that provide services to children with disabilities. (Note: These funds may be used for Administering but not Financing a High Cost Fund) a. 1 For the administration of Part C of IDEA, if the SEA is the Lead Agency for the State under Part C. s19,419,s441 b.l sol c.l sol You may set aside a portion of your Administration funds resulting from inflation for the following 4 Other State-Level Activities. Additional funds for these purposes may also be set aside under Other State-Level Activities. Based on the amount that you propose to set aside for Administration, the maximum amount of Administration funds that you may use for these 4 activities is: $5,205,219 For support and direct services, including technical assistance, personnel preparation, and professional development and training. To assist local educational agencies in providing positive behavioral interventions and supports and appropriate mental health services for children with disabilities. e.l sol sol ti sol d.j To assist local educational agencies in meeting personnel shortages. To support capacity building activities and improve the delivery of services by local educational agencies to improve results for children with disabilities. $0 Subtotal, Administration funds used for Other State~Level Activities If you receive a Preschool Grant under 20 U.S.C. 1419, you may use Administration funds, along with other funds, to develop and implement a State policy jointly with the lead agency under Part C and the SEA to provide early intervention services (which must include an educational component that promotes school readiness and incorporates preliteracy, language, and numeracy skills) in accordance with Part C to children with disabilities who are eligible for services under the Preschool Grant program and who previously received services under Part C until such children enter, or are eligibfe under State law to enter, kindergarten, or elementary school as appropriate. g.j sol $19,419,544 The total of details for your Administration set-aside is 0THER STATE-LEVEL ACTIVITIES If you propose to set aside more than $850,000 for Administration and you DO wish to use funds for a High Cost Fund, the maximum amount that you may use for Other State-Level Activities is: $112,704,101 Of the amount you set aside for Other State-Level Activities at least 10% must be used for the High Cost Fund. If you propose to set aside more than $850,000 for Administration and you DO NOT wish to use funds for a High Cost Fund, the maximum amount that you may use for Other State-Level Activities is: $101,433,691 If you propose to set aside $850,000 or less for Administration and you DO wish to use funds for a High Cost Fund, the maximum Activities is: amount that you may use for Other State-Level $118,339,307 Of the amount you set aside for Other State-Level Activities at least 10% must be used for the High Cost Fund. If you propose to set aside $850,000 or less for Administration and you DO NOT wish to use funds for a High Cost Fund, the maximum amount that you may use for Other State-Level Activities is: $107,068,896 Do you wish to use funds for a High Cost Fund? (Yes or No) Based on the amount that you intend to set aside for Administration, the size of your total award, and your decision TO use set aside funds to support a High Cost Fund, the maximum that you may use for Other State-Level Activities is: Yes] $112,704,101 $112,704,101! How much do you want to set aside for Other State-Level Activities? You must distribute the amount you want to set aside for Other State-Level Activities the following activities. You can distribute amounts in any order you wish. The total balance remaining to be distributed at any time appears in red. How much do you want to use for the High Cost Fund? $11,270,4101 You must use at least $11,270,410 Required Activities: For monitoring, enforcement, and complaint investigation. (You must use at least $1 for this purpose) h.l $11 To establish and implement the mediation process required by 20 U.S.C. 1415(e), including providing for the cost of mediators and support personnel. (You must use at least $1 for this purpose) i.l $1! For support and direct services, including technical assistance, personnel preparation, and professional development and training d $73,516,1241 k.l $2,000,0001 Optional Authorized Activities: To assist local educational agencies in providing positive behavioral interventions and supports and appropriate mental health services for children with disabilities. To assist local educational agencies in meeting personnel shortages. To support capacity building activities and improve the delivery of services by local educational agencies to improve results for children with disabilities. i.l ~-1 $5,916,9651 To support paperwork reduction activities, including expanding the use of technology in the IEP process. n.l To improve the use of technology in the classroom by children with disabilities to enhance learning. o.l To support the use of technology, including technology with universal design principles and assistive technology devices, to maximize accessibility to the general education curriculum for children with disabilities. p.j Development and implementation of transition programs, including coordination of services with agencies involved in supporting the transition of children with disabilities $6,000,000! to postsecondary activities. q.1 I r.1 1 Alternative programming for children with disabilities who have been expelled from school, and services for children w ith disabilities in correctional facilities, children enrolled in State-operated or State-supported schools, and children with disabilities in charter schools. To support the development and proviston of appropriate accommodations for children with disabilities, or the development and provision of alternate assessments that are valid and reliable for assessing the performance of children with disabilities, in accordance with Sections llll(b) and 1201 of the Elementary and Secondary Education Act of 1965. s.! $14,ooo,ooo! To provide technical assistance to schools and LEAs, and direct services, including direct student services described in section 1003A(c)(3) of the ESEA to children with disabilities, to schools or LEAs implementing comprehensive support and improvement activities or targeted support and improvement activities under section llll(d) of the ESEA on the basis of consistent underperformance of the disaggregated subgroup of children with disabilities, including providing professional development to special and regular education teachers, who teach children with disabilities, based on scientifically based research to improve educational Instruction, in order to improve academic achievement based on the challenging academic standards described in section llll(b)(l) of the ESEA. t.l The total of details for your Other State-Level Activities set-aside is You are almost done. If you are using money for a High Cost Fund. You must report how much you will use for each of the following two activities. You reported t hat you would use $11,270,410 I $112,704,101 To establish and make disbursements from the high cost fund to local educational agencies in accordance with 20 U.S.C. 1411(e)(3) during the first and succeeding fiscal years of the high cost fund. u.l $11,210,4101 v.l 1 To support innovative and effective ways of cost sharing by the State, by an LEA, or among a consortium of LEAs, as determined by the State in coordination with representatives from LEAs, subject to 20 U.S.C. 1411(e)(3)(B)(ii) (Amount may not be more than 5% of the amount reserved for the LEA Risk Pool.) Establishment of High Cost Fund (20 U.S.C. 1411(e)(3)(B)(i) - A State shall not use any of the funds the State reserves pursuant to 20 U.S.C. 1411(e)(3)(A)(i), but may use the funds the State reserves under 20 U.S.C. 1411(e)(l), to establish and support the high cost fund. Subtotal, High Cost Fund $11,270,410 Texas State Section IV State Administration Section 608(a) of the IDEA requires each State that receives funds under this title to: (1) ensure that any State rules, regulations, and policies relating to this title conform to the purposes of this title; (2) identify in writing to local educational agencies located in the State and the Secretary any such rule, regulation, or policy as a State-imposed requirement that is not required by this title and Federal regulations; and (3) minimize the number of rules, regulations, and policies to which the local educational agencies and schools located in the State are subject under this title. States must attach to this application a list identifying any rule, regulation, or policy that is State-imposed (not required by IDEA or Federal regulations). If there are no such State-imposed rules, regulations, or policies, please so indicate. In addition, the State is required to inform local education agencies in writing of such State-imposed rules, regulation or policy. (20 U.S.C. 1407(a); 34 CFR §300.199) Part B Annual State Application: FFY 2019 0MB No. 1820-0030/Expiration Date - 8-31-2021 Section IV -1 Texas State Texas State rule not required by IDEA or Federal regulations §74.28. Students with Dyslexia and Related Disorders. §89.61. Contracting for Residential Educational Placements for Students with Disabilities. §89.62. Support of Students Enrolled in the Texas School for the Blind and Visually Impaired and Texas School for the Deaf. §89.63. Instructional Arrangements and Settings. §89.1011. Full and Individual Initial Evaluation. §89.1035. Age Ranges for Student Eligibility. §89.1040. Eligibility Criteria. §89.1047. Procedures for Surrogate and Foster Parents. §89.1049. Parental Rights Regarding Adult Students. §89.1050. The Admission, Review, and Dismissal Committee. §89.1052. Discretionary Placements in Juvenile Justice Alternative Education Programs. §89.1053. Procedures for Use of Restraint and Time-Out. §89.1055. Content of the Individualized Education Program. §89.1056. Transfer of Assistive Technology Devices. §89.1065. Extended School Year Services. §89.1070. Graduation Requirements. §89.1075. General Program Requirements and Local District Procedures. §89.1076. Interventions and SancUons. §89.1080. Regional Day School Program for the Deaf. §89.1085. Referral for the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf Services. §89.1090. Transportation of Students Placed in a Residential Setting, Including the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf. §89.1096. Provision of Services for Students Placed by their Parents in Private Schools or Facilities. §89.1100. Memorandum of Understanding on Coordination of Services to Disabled Persons. §89.1115. Memorandum of Understanding Concerning lnteragency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. §89.1121. Distribution of State Funds. §89.1125. Allowable Expenditures of State Special Education Funds. §89.1131. Qualifications of Special Education, Related Service, and Paraprofessional Personnel. Part B Annual Stale Application: FFY 2019 0MB No. 1820-0030/Expiration Date - 8-31-2021 Section IV ~1 Texas State §89.1141. Education Service Center Regional Special Education Leadership. §89.1150. General Provisions. §89.1151. Special Education Due Process Hearings. §89.1165. Request for Special Education Due Process Hearing. §89.1170. Impartial Hearing Officer. §89.1175. Representation in Special Education Due Process Hearings. §89.1180. Prehearing Procedures. §89.1183. Resolution Process. §89.1185. Hearing Procedures. §89.1186. Extensions of Time. §89.1191. Special Rule for Expedited Due Process Hearings. §89.1193. Special Education Mediation. §89.1195. Special Education Complaint Resolution. §89.1196. Individualized Education Program Facilitation. §89.1197. State Individualized Education Program Facilitation. Part B Annual State Application: FFY 2019 0MB No. 1820-0030/Expiration Date - 8-31-2021 Section IV -2 Texas State Section V Maintenance of State Financial Support Pursuant to the authority established in IDEA section 618(a)(3), each applicant for funds under section 611 must provide the following State fiscal data with a certification of its accuracy by the State budget office or an authorized representative thereof. Amounts should be shown in whole dollars and are for the State fiscal year. Total Amount of State Financial Support Made Available for Special Education and Related Services for Children with Disabilities SFY 2017 $1,537,881,721 SFY 2018* $1,546,443,822 Mike Meyer, Deputy Commissioner, Finance Administration State ud et Officer or Authorized Representative (Printed Name) udget Officer or Authorized Representative Part B Annual State Application: FFY 2019 0MB No. 1820-0030/Expiration Date - 8-31-2021 Section V-1 TRD-201900760 Cristina De la Fuente-Valadez Director, Rulemaking Texas Education Agency Filed: March 6, 2019 ♦ at the 20 regional education service centers and at the TEA Library (Ground Floor, Room G-102), Wilham B. T ravis Buildmg, 1701 North Congress Avenue, Austin, Texas 78701. Parties interested in reviewing the Proposed State Application at the William B. Travis locauon should contact the TEA Division of Special Education at (512) 463-9414. ♦ ♦ Notice of Correction: Request for Applications Concerning the 2019-2021 School Action Fund - Implementation Grant Program Fihng Date. March 6. 2019 Filing Authority, The availability of grant funds under Request for Applications #701-19-106 is authorized by P,L 107-110, Elementary and Secondary Education Act of 1965, as amended by No Child Left Behind Act of 200 I, Secuon I 003(g) The Texas Education Agency tTEA) published Request for Applica­ tions Concern mg the 2019-2021 School Action Fund - Implementation Grant Program in the March I, 2019, issue of the Texas Register (44 TexReg 1174). Tl: A 1s amcndmg the applicant ehgib1lity and the due date for submis­ sion of apphcauons In the Eltgrble Applicants section, the crnena is amended to read, "Ll: As currently receiving a Texas Title I Priority School (TTIPS) Cycle 4 or 5 grant, a School Redesign grant, a School Transformation Fund grant, or a Transformation Zone grant for an el1g1blc campus may not apply for or receive an award from this grant program.~ The new grant submission due date is May 2, 2019, TRD-201900759 Cristina De La Fuente-Valadez Director, Rulemaking Texas Education Agency Filed: March 6, 2019 ♦ ♦ Participation m Public Hearings The TEA will provide md1viduals w1th opportumties to testify on the Proposed State Applicauon and the state's policies and procedures for 1mplementmg IDEA Part Bon March 27, 2019, and March 28, 2018, between LOOp.m. and 4.00 pm. at the TEA ( !st floor, Room 1-111 ), William B. Travis Building, 170 1 North Congress Avenue, Austin, Texas 7870 I . Parties interested in testifying arc encouraged to also include written testimony Public hearing infor­ mation 1s available on the TEA website at http ;//www tea.state tx us/in­ dcx2.aspx'>id 2147493812 Timetable for Submitting the State Appl ication. After review and con­ sideration of all public comments, the TEA will make necessary or appropriate modifications and will submit the State Application to the U.S. Department of Education on or before May 17, 2019, For more mformat1011, contact the TEA Div1s1on ofSpecial Education by mail at I 70 I North Congress Avenue, Austm, Texas 7870 I, by tele­ phone at (5 I 2) 463-9414; by fax at (512} 463-9560; or by email at spedrule@ tea.texas.gov. TRD-201900758 Cristina De la Fuente-Valadez Director. Rulemaking Texas Education Agency Filed; March 6, 2019 ♦ Public Notice Announcing the Availability of the Proposed 'I exas Indiv iduals with Disabilities Education Improvement Act of 2004 (IDEA) E ligibility Document: State Policies and Procedures Filing Date March 6, 2019 Purpose and Scope of the Part B Federal Fiscal Year (FFY) 2019 State Applicatmn and its Relation to Part B of the Individuals with D1sab1l11ics Educallon Improvement Act of 2004 (IDEA Part B). The Texas Educauon Agency (TEA) is inviting public comment on its Proposed State Applicallon under IDEA Part B The annual grant application pro­ vides assurances that the state's policies and procedures in effect arc cons 1stent with the federal requirements to ensure that a free appropri­ ate pubhc educatton is made available to all children with a disability from 3 to 21 years of age, mcluding children who have been suspended or C'.'(pcllcd from school. 34 Code of Federal Regulations, §300 165, requires that states conduct public hearings, ensure adequate notice of those hearings, and provide an opportunity for public comment, includ­ ing comment from individuals with d1sab1li1tes and parents ofchildren with disabilities, before adopting poltc1es and procedures. Availab1I ity of the State Application. The Proposed Stale Apphcallon 1s available on the TEA website al h lip" I/tea.texas gov/ i\cadem icslSpec1al_ Student_Populations/Spe­ c1al_l~ducauon!Progran1s_and_Services/i\ nnual_ State Appl icat1on_under_ IDEA_ Part_B_and_ lDEA_Eligibility_ Documentat1onf. lnstruct1ons for submitting publtc comments are available from the same site. The Proposed State Application will also be available 44 TexReg 1456 March 15, 2019 Procedures for Submitting Written Comments. The TEA will ac­ cept written comments pertaining to the Proposed State Application by mail to the TEA, Division of Special Education, 1701 North Congress Avenue, Austin, Texas 78701-1494 or by email to spe• drule@tea,texas gov, Texas Register ♦ ♦ ♦ Texas Commission on Environmental Quality Agreed Orders The Texas Commission on Environmental Quality (TCEQ or commis­ sion) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC ), §7,075 TWC, §7.075 requires that before the commission may approve rhc AOs. the com mission shall allow the publtc an op• portunity to submit wntten comments on the proposed AOs TWC. §7.075 requires that not1ce of the proposed orders and the opportunity to comment must be published m the Texas Register no later than the 30th day before the date on which the public comment penod closes. which m this case 1s April IS, 2019. TWC, §7 075 also reqmres that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that md1cate that consent is mappropriate, improper, inadequate, or inconsistent with the require­ ments of the statutes and rules within the commission's Jurisd1cuon or the commission's orders and pennits issued in accordance with the commission's regulatory authonty. Add1t1onal notice of changes to a proposed AO 1s not required to be published 1fthose changes arc made in response to written comments. A copy of each proposed AO is available for public mspecllon at both the commission's central office, located at 12100 Park 35 Circle, Build­ mg c. 1st Floor, Austin. Texas 78753, (512) 239-2545 and at the ap­ pl icable regional office listed as follows. Wntten comments about an Annual State Application under IDEA Part B and IDEA Eligibility Documentation Page 1 of 2 TEA Texa s Education Agency Home/ Academics / Special Student Populations / Special Education/ Programs and Services Annual State Application under IDEA Part B and IDEA Eligibility Documentation All states must ensure that the state has on file with the Secretary of the U.S.Department of Education (USDE) assurances that the state meets or will meet all of the eligibility requirements of Part B of the Individuals with Disabilities Education (IDEA) Act as amended in 2004 by Public Law 108-446. A state may do this by one of the following methods: • provide assurances in the Part B State Application that it has in effect policies and procedures to meet the requirements; • provide assurances in the State Application that the state will operate consistent with all the requirements of Public Law 108-446 and applicable regulations and make such changes to existing policies and procedures as are necessary to bring those policies and procedures into compliance with the requirements of IDEA, as amended; or • submit modifications to state policies and procedures previously submitted to the USDE. For the state of Texas to receive its IDEA Part B grant funds each federal fiscal year, TEA must complete an application packet and submit it to the USDE Office of Special Education Programs (OSEP). Public Review and Comment Period Prior to submission to OSEP, the State Application (Texas) will be available on this web page for public review for 60 days. Within that 60-day time period, there will be a 30-day public comment period. Additionally, the TEA will provide individuals with opportunities to testify on the Proposed State Application and the state's policies and procedures for implementing IDEA Part B if the requirements under Texas Government Code, Title 10. https:/ltea.texas.gov/ Academics/Special_ Student_Populations/Special_ Education/Program... 51131201 9 Annual State Application under IDEA Part B and IDEA Eligibility Documentation Page 2 of 2 General Government, Subtitle A. Administrative Procedure and Practice, Chapter 2001. Administrative Procedure, Subchapter A. General Provisions, § 2001.029(b) are met . Parties interested in testifying are encouraged to also include written testimony. Public Comment Process The TEA will accept written comments pertaining to the Proposed State Application by mail to Policy Team, TEA Division of Special Education, 1701 North Congress Ave., Austin, Texas 78701-1494 or by e-mail to spedrule@tea.texas.gov. Individuals are encouraged to use the comment form provided on this web page. Deadline for submitting public comment is April 30, 2019. Instructions for the Comment Form The Proposed State Application Comment Submission Cover Sheet states the number of pages included in the submission and, as applicable, name, title, organization, address, city, zip, work phone, home phone, fax number, and email address. The Public Comment Sheet for the Proposed State Application page requires the submitter's name, the section and page number within the state application and related comment. This page may be duplicated for additional comments. Comment Form (Word) Comment Form (PDF) Q Print https://tea.texas.gov/ Academics/Special_ Student~Populations/Special_ Education/Program... 5/13/2019 PROPOSED STATE APPLICATION PUBLIC COMMENT SUBMISSION COVER SHEET MAIL TO: FAX TO: EMAIL TO: State Application Comments Texas Education Agency Division of Special Education 1701 North Congress Ave. Austin, Texas 78701-1494 State Application Comments@ (512) 463-9560 Please indicate total number of pages: spedrule@tea.texas.gov This cover sheet and the comment sheet are both available on the special education Web page at http://tea.texas.gov/index2 .aspx?id=214 7493812. Each may be downloaded and completed oftline and submitted as an attachment to an e-mail message. PLEASE PRINT FROM: NAME TITLE ORGANIZATION ADDRESS CITY ZIP WORK PHONE HOME PHONE FAX NUMBER EMAIL ADDRESS February 2019 FROM NAME (Please Match with Submission Cover Sheet) MAIL PUBLIC COMMENT SHEET FOR THE PROPOSED STATE APPLICATION Deadline: April 30, 2019 FAX EMAIL Section + Page # State Application Comments Texas Education Agency Division of Special Education 1701 North Congress Ave. Austin, Texas 78701-1494 (512) 463-9560 sgedrule@.tea.te xas .gov Comment (e.g. Section 11-6) TEA I Division of Special Education February 2019