Special Education Strategic Plan April 23, 2018 1 TABLE OF CONTENTS I. Executive Summary II. Defining the Need for Change III. State Monitoring IV. Identification, Evaluation, and Placement V. Training, Support, and Development VI. Student, Family and Community Engagement VII. Networks and Structures VIII. Appendix a. Feedback b. Previous and Current Improvements c. Corrective Action Response d. Funding and Timeline e. Survey Analysis 2 EXECUTIVE SUMMARY “At the state and local level, the practices that led to the [U.S. Department of Education] monitoring letter will end.”- Governor Greg Abbott The state of Texas provides special education related services to approximately 500,000 students. However, only 41 percent of these students are approaching grade level knowledge and skills in reading and math, compared to 75 percent of all Texas students who are approaching grade level. As the United States Supreme Court recently proclaimed in Endrew F. v. Douglas County School District RE-1, the Individuals with Disabilities Education Act (IDEA) demands that a child with a disability who requires special education and related services be offered an appropriately ambitious educational program that is “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” Our goal for Texas is to ensure that special education provides support to our students with disabilities on an individualized basis, because legally and morally our students deserve access to the same programs that could lead to academic success. To work toward this goal, the TEA has developed this Strategic Plan for Special Education. This strategic plan outlines a system that supports ongoing efforts to achieve strong outcomes for all students with disabilities. The system represents a balanced approach between compliance with federal regulations and a results-driven focus on student outcomes. TEA will focus on leveraging grants and contracts on a statewide and regional basis with non-profits, education service centers, higher education partners, and others to support improved capacity, but local education agencies will do most of the heavy lifting. This strategic plan also includes specific activities to address correction requirements outlined in the January 11, 2018 letter from the United States Department of Education (USED). There has always been, and will continue to be, a need for strong advocacy from parents for their children. This strategic plan aims to support special education because it is a means of meeting student needs for the benefit of society and an important part of an integrated education system. As it exists today, the strategic plan has been formed by significant stakeholder feedback. This includes over 7,000 survey responses, over 4,000 emails and comments, over 100 focus groups and meetings, and over 150 one-on-one interviews from a host of special education stakeholders, including students, their parents, teachers, administrators, advocates, and others. In addition, this feedback process has been continual, with TEA hosting in-person meetings and public comment periods to solicit feedback on the revised version of the plan. This strategic plan will evolve over time as part of a process of continuous improvement. Further, this strategic plan focuses on the agency’s responsibilities related to special education in the state, especially as it relates to monitoring, supportive tools, and professional development. There are minimal additional requirements for a local school system outside of what has always been the expectation as outlined in IDEA and state statute. TEA recognizes that many school systems have operated within the legal and statutory guidelines. Those that have not done so may see a moderate to significant increase in workload as they adjust their practices to meet the requirements set out in law. Lastly, TEA cannot legally commit additional funds outside of those that are appropriated by the Texas Legislature and the US Congress. A sizeable amount of stakeholder feedback was related to funding. While that feedback may warrant additional action, any recommendations for action are most appropriately heard by state and federal legislators. This strategic plan has been designed so that it can be sustained with existing appropriations. In this plan, TEA has committed all available IDEA resources to 3 this Strategic Plan, and will further commit to spending any additional appropriated funds to executing on this plan and additional opportunities for LEA support. Working together, we will significantly improve outcomes for our students with disabilities. 4 DEFINING THE NEED FOR CHANGE Special education participation and performance trends in Texas highlight the need to improve. One area of focus is student access to special education support. The following graph notes the decline in special education participation in Texas until the most recent years: Figure 1: Special Education Enrollment Rates Changes in special education participation can be the result of a variety of factors, as each student should be considered individually. But during a monitoring visit in late 2016, the USED found that “some school districts took actions specifically designed to decrease the percentage of children identified as children with disabilities under the IDEA to 8.5 percent or below,” and cited TEA for not “[ensuring] that all [school systems] in the State properly identified, located, and evaluated all children with disabilities residing in the State who were in need of special education and related services, as required by 34 CFR § 300.111.”1 As a result, the USED required TEA to correct the noncompliance. USED found that not all eligible students have been given timely access to special education services. While USED did not examine the efficacy of special education services, an analysis of student outcomes in the areas of graduation rates, achievement in reading and mathematics, and college readiness measures indicate we have room for significant improvements. 1 U.S. Department of Education (USED), Office of Special Education Programs (OSEP), Texas Part B Monitoring Visit Letter and Enclosure (Jan. 11, 2018), https://www2.ed.gov/fund/data/report/idea/partbdmsrpts/dms-tx-b-2017-enclosure.pdf 5 Figure 2: Four-Year Graduation Rates Figure 3: 2017 STAAR Results 6 Figure 4: College Readiness (Class of 2016) 2 These data highlight significant gaps in performance between students served by special education and their non-disabled peers. For the majority of students served by special education, performing on level academically with their non-disabled peers is an attainable and reasonable goal. We should work to eliminate the gaps in performance exposed by these data. But these data alone cannot describe the full picture of special education efficacy in Texas. Therefore, the agency set out to solicit feedback directly from special education stakeholders throughout the state. As further described in Appendix A, feedback was received from students, parents, teachers, school administrators, advocates, and others, in every region of the state and in school systems that ranged from large urban to suburban to rural, and including charters. This anecdotal feedback, combined with the data, informed the decision to develop a comprehensive strategic plan for special education in Texas. This strategic plan includes steps that address the corrective actions related to Child Find required by USED. Appendix C in this document is the Corrective Action Response (CAR). Those are referenced throughout this document by their Corrective Action Number from the appendix (ex: CA:1.a). However, this strategic plan is broader and goes far beyond what the USED requires through the CAR. The broader 2 The College Readiness Measure looks at the percentage of annual graduates who have met at least one college or career indicator. For 2016, this includes: • Meeting the Texas Success Initiative (TSI) criteria in both reading and mathematics (THECB, College Board, ACT) • Meeting the criteria score of 3 on an AP exam or 4 on an IB exam (College Board) • Earning 9 hours of dual credit in any subject area or 3 hours of dual credit in ELA/reading or mathematics (TSDS PEIMS) • Graduating with a completed IEP and workforce or work skill readiness (TSDS PEIMS) • Completing CTE coursework aligned with industry certifications (TSDS PEIMS) 7 steps of this strategic plan are meant to help more fully support students eligible for special education in every aspect of their education, focused not just on access to supports but also on improved outcomes from those supports. Given the needs identified, this strategic plan is organized around a few primary focus areas: • • • • • Monitoring Identification, Evaluation, and the offer of free appropriate public education (FAPE) Training, Support, and Development Student, Family, and Community Engagement Technical Assistance Networks The Agency expects this strategic plan to change as situations warrant. As the process evolves, the agency is committed to two key beliefs to help ensure a process of continuous improvement: • • Significant Stakeholder Input: TEA is committed to including significant stakeholder engagement. This includes engaging with students with disabilities, families, educators, advocacy groups, and district and school officials, among others. This also means that there must be multiple, varied opportunities for stakeholders to provide this feedback. Texas cannot improve special education services in a way that students with disabilities deserve without concentrated collaboration among stakeholders in the special education community. It should be noted that the development of this strategic plan is not the end of the feedback process. Regular feedback will be solicited throughout the strategic plan’s execution. Transparency: TEA’s rulemaking and stakeholder processes are and will continue to be made public to the extent allowed by law. Please note that this is a strategic plan. The details around many of these initiatives will unfold as the work progresses. The agency also plans to continue its engagement with stakeholders as outlined below. TEA will produce materials intended for parents/guardians in both English and Spanish and strongly encourages all school systems to do the same. With these beliefs firmly embedded in TEA’s processes for planning and execution of this strategic plan, we should have an effective framework for collaborative continuous improvement that delivers real results for our students. 8 MONITORING Texas has approximately 1,200 Local Education Agencies (LEAs), more than any other state in the country. These include all local school systems in Texas, both traditional Independent School Districts (ISDs), Consolidated Independent School Districts (CISDs), and charter schools. To provide the level of support and oversight required for this many LEAs and the students they serve, TEA must significantly increase its monitoring capacity and ensure that monitoring focuses on improvements for students, in addition to fulfilling minimum expectations for compliance with federal requirements. This requires the adoption of a more holistic approach to monitoring that takes into account compliance-based indicators while also looking for best practices. Texas must seize the opportunity to share this information across the state, allowing for greater peer collaboration and innovative solutions for improvement. Texas LEAs have diverse and unique needs. Therefore, differences in LEA type and size require differentiated technical assistance. Further, some LEAs may require more intensive support and monitoring, while some LEAs may simply require routine desk reviews. This strategic plan highlights the state’s approach to the need for differentiation. It also meets the needs outlined in the USED’s corrective action requirements (see appendix C). Review and Support Team (CA: 4.a.) The Review and Support team will be a new unit housed in the TEA Office of Academics (see Figure 5 below). This team will have three primary responsibilities: (1) to monitor LEAs related to IDEA and federal and state statutes using a risk assessment index and holistic student-centered practices; (2) to provide targeted technical assistance and support for LEAs related to special education; and (3) to escalate support for LEAs experiencing significant challenges as well as to highlight those LEAs that demonstrate clear success. The Review and Support team should not adopt a narrow focus on process and legal requirements, but rather be guided by an effort to support the most effective practices that lead to improved outcomes for students. The Review and Support team will be functionally separated into two units. The first unit will consist of special education staff who will complete on-site and desk monitoring activities. This team will be staffed to allow for annual desk reviews of one-third (1/3) of LEAs in the state. The monitoring system will include both quantitative and qualitative indicators, and will consider data points that may include disability indicator(s), specific strategies or interventions listed in a student's individualized education program (IEP), student achievement, LEA staffing, local policies and procedures, and compliance indicators in alignment with federal and state law (e.g., meeting timelines for evaluations, parent and family participation and inclusion, etc.). Quantitative indicators will likely include both compliance indicators (e.g., timeliness and completeness of individual initial evaluations) and performance indicators (e.g., participation and achievement levels of students with disabilities in the general curriculum). Qualitative indicators will likely include, to the extent permitted by law, anonymous survey and interview results collected from educators and parents. Surveys and interviews will likely consider local policies as well as local practices. LEAs will be required to submit information through Public Education Information Management System (PEIMS, described later in this section) for review. LEAs may be asked to submit additional information related to randomly selected students to allow for a holistic review of information without the disruption of on-site visits (including Admission Review and Dismissal (ARD) committee information, IEP reviews, teacher interviews, and the opportunity for families to provide feedback). Any student 9 interviews would require parental consent. This monitoring and data collection process utilizes a secure data collection site that allows only authorized state agency (and applicable district) personnel to review any student records and/or conduct interviews (in alignment with state and federal law). This secure process will ensure that student data remains confidential. In addition to LEA desk reviews, select LEAs will also receive on-site visits. The review and support team size will be structured such that up to 20 percent of the LEAs in Texas could receive an on-site visit in any given year. On-site visiting could be a result of random selection, a result of the desk review, ongoing or frequent complaints to TEA, or in partnership with other state agency monitoring. The structure of the on-site visit would depend on the reason for the visit. Unannounced visits will focus on observing processes in action, speaking with stakeholders when possible, and conducting additional reviews of actual practices. These visits will provide opportunities for giving feedback and connecting LEAs to technical assistance. They will also allow the reviewers to identify bright spots and best practices to share broadly. The visits will be structured to minimize disruption to LEA and school activities. As the content to be reviewed may be unannounced, there would be no need for visit preparation on the LEA's part, assuming that all files and documents are appropriately organized (as they should be). For those LEAs that receive on-site visits due to identified risk factors, the visit may include requests to view student files, observation of records of supports provided, and more conversations with multiple layers of the organization. The review activities will be determined on an individual basis. The review and support team will also include an escalation unit comprised of special education specialists. This small and flexible unit will be used for LEAs that are significantly out of compliance, and/or for those LEAs that require or request intensive support. The purpose of the escalation unit – as with the larger review and support team is focused less on documenting a running list of problems and more about supporting the identification and implementation of solutions. The escalation unit may remain on-site for longer periods of time and provide more intensive support. Non-Compliance 34 CFR §300.600 requires TEA, as the state education agency, to monitor all local education agencies (LEAs) in the state to ensure compliance with IDEA requirements. In accordance with 34 CFR §300.600(a)(3), if TEA determines that an LEA is not in compliance, TEA must use appropriate enforcement mechanisms, including, as necessary, technical assistance, conditions on funding, implementation of a corrective action plan, or the withholding of funds in whole or in part. In furtherance of this IDEA requirement, TEC §29.010 authorizes TEA to “develop and implement a system of sanctions for school districts whose most recent monitoring visit shows a failure to comply with major requirements of [IDEA], federal regulations, state statutes, or agency requirements necessary to carry out federal law or regulations or state law relating to special education.” These interventions and sanctions are found at 19 TAC §89.1076, and include, but are not limited to: 1) on-site review for failure to meet program or compliance requirements; 2) required fiscal audit of specific programs and/or of the district, paid for by the district; 3) required submission of corrective actions, including compensatory services, paid for by the district; 4) required technical assistance, paid for by the district; 5) public release of program or compliance review findings; 10 6) special investigation and/or follow-up verification visits; 7) required public hearing conducted by the local school board of trustees; 8) assignment of a special purpose monitor, conservator, or management team, paid for by the district; 9) hearing before the commissioner of education or designee; 10) reduction in payment or withholding of funds; 11) lowering of the special education monitoring/compliance status and/or the accreditation rating of the district; and/or; 12) other authorized interventions and sanctions as determined by the commissioner. IDEA requires TEA, in exercising its monitoring duties, to ensure that identified noncompliance is corrected “as soon as possible, and in no case later than one year after the State’s identification of the noncompliance.” 30 CFR §300.600(e). State law mandates that if a district remains in noncompliance for more than one year, “the first stage of sanctions shall begin with annual or more frequent monitoring visits. Subsequent sanctions may range in severity up to the withholding of funds,” which the agency may use to provide services to the students and staff within the noncompliant LEA. TEC §29.010(d). 11 Figure 5: Draft Proposed Organization Chart (Review and Support Team) Associate CommissionerSpecial Populations Exec Assistant Admin Assistant Existing Special Populations Teams Exec Dir of Review and Support Director of SpEd Review and Support - Escalation Unit Manager of SpEd Review and Support-Escalation Team (Austin-Based) SpEd Review and Support Escalation Specialist (5) Manager of SpEd Review and Support-Escalation Team (Austin -Based) SpEd Review and Support Escalation Specialist (5) Manager of SpEd Review and Support-Escalation Team (Houston -Based) SpEd Review and Support Escalation Specialist (5) Director of Ongoing SpEd Review and Support Manager of SpEd Reveiw and Support (Austin-Based) SpEd Review and Support Specialists (4) Manager of SpEd Review and Support (2- HoustonBased) SpEd Review and Support Specialists (2 teams of 4) Manager of SpEd Review and Support (Dallas-Based) Review and Support Specialists (4) Manager of Review and Support (Lubbock -Based) Review and Support Specialists (4) 12 Review Process Development (CA: 1.c. and CA: 4.b.) TEA will develop a standardized process for conducting reviews, including development of documentation and reporting templates to be used. The standardized review process will be developed with stakeholder consultation to ensure maximal effectiveness for students. TEA may work with external organizations to ensure stakeholder feedback is properly integrated into the review process design. Part of the process design will include an internal reviewing mechanism to ensure processes are completed with fidelity to the purpose of helping students and to avoid the bureaucratic tendency to focus solely on compliance. Monitoring visits will follow a standardized process. They will also result in a published report. These reports will be available in a searchable database on the TEA Special Education website. LEAs will have the opportunity to respond to any report, along with an opportunity to discuss relevant topics in postmeetings. LEAs would also have an opportunity to provide additional information on planned corrective action steps using a standardized format to be included as part of the report. Nonetheless, the agency will remain focused on data privacy. As such, in accordance with law, all student information, or information that would reasonably identify protected persons, will be removed from the report. Furthermore, data aspects that would normally be public will be limited, as required by law, for very small LEAs, given the issues with small data samples. LEAs may have the opportunity to request "support visits" from the state in advance of on-site reviews. These may be helpful for LEAs to identify areas for growth, or to solicit feedback around existing structures. Support visits are optional and would be done by request. Again, on-site monitoring visits can create some disruption to campuses and LEAs. However, TEA is committed to sharing clear expectations and supporting best practices so that LEA visits can be structured to reduce disruption at the host site. Visits will not be conducted during state testing. TEA will develop an independent review of the standardized monitoring process, as a check on its own process implementation quality. Data Collection (CA: 2.c.) To accommodate desk reviews, TEA will need to collect additional data from LEAs. TEA will ensure that its data collections provide adequate information for monitoring, while maintaining strong controls on data privacy. This could include the following, as allowable in state or federal statute: • • • • • • • • Parent- and staff-generated requests for special education initial evaluation; Complete information on all categories under which a child qualified for special education; Information on the interventions that are in place for the child; Additional information on Section 504 and Rtl; Sample schedules; Services offered and provided, including frequency; Number of students who were referred for evaluation, the number evaluated, and the number who qualified after evaluation; and Coding of dyslexia, dyscalculia and dysgraphia. 13 Additional indicators may be identified on a rolling basis once the new monitoring process is implemented. All new data collections are subject to all statutorily required reviews, including a review through the agency's Data Governance Board. Other Related Work (CA: 1.d.) TEA will review and potentially propose administrative rule revisions to ensure clear compliance with the law and alignment with best practices for serving students with disabilities. For example, TEA may propose rule revisions to 19 Texas Administrative Code (TAC) 89.1050 to require LEAs to provide the Dispute Resolution Handbook and explain rights to parents when there is disagreement in the ARD committee. TEA will also look into opportunities for reducing administrative burden on duplicative or unnecessary paperwork, to allow for more aligned systems and structures to be put into place. 14 IDENTIFICATION, EVALUATION AND OFFER OF FAPE (CHILD FIND) Child Find is the legally required first step toward ensuring that children with disabilities, as that term is defined in IDEA, are offered a FAPE. School districts must identify, locate, and evaluate all children residing within the district who are suspected of having a disability and in need of special education and related services because of the disability. TEA is responsible for ensuring, through policies and procedures, that districts fully comply with the Child Find mandate. The agency has provided guidance on Child Find to school districts in the past and will continue to do so. However, TEA accepts that, as USED determined, not every school district appears to understand the full import of its Child Find responsibilities and what must be done in order to fulfill its obligations. Through this strategic plan, the agency will work to eliminate confusion by providing additional guidance to districts and to families within the districts. Immediate Short-Term Corrective Actions (Child Find) TEA recognizes that there are short-term requirements related to monitoring activities, as outlined in the letter from USED. Specifically, the agency is required to ensure that school districts identify, locate, and evaluate those students enrolled in the district who should have been referred for an initial evaluation. The agency is further required to ensure that ARD committees consider, on an individual basis, whether compensatory services are needed for children previously suspected of having a disability who were not evaluated in a timely manner and were later found eligible to receive services. Admittedly, this is an exceptionally complicated process, with multiple considerations for all stakeholders. This first section under Child Find is specific to the immediate steps that must be taken related to the corrective action. The remainder of the section is devoted to the ongoing work necessary to support LEAs. 1. Identification Support: TEA will continue to advise districts on the requirements of IDEA regarding the identification of students who are suspected of having a disability and are in need of special education services, in alignment with USED policies and guidance. TEA will then consider multiple data sources in prioritizing near-term LEA monitoring visits to provide nearterm compliance support, including for those student groups who have been traditionally underserved including foster youth, homeless youth, and students involved in the criminal justice system. 2. Funding: In addition to generating federal funding, eligible students also generate different levels of funding from the state. Currently enrolled Texas students are eligible to generate state draw-down funds, including weighted formulas for special education. Students up to age 21 who are not currently enrolled, but who have not yet earned a diploma, are eligible to generate the same funding should they choose to re-enroll in public schools. 3. Additional Services Guidance: TEA will develop guidance to school districts and charter schools about the award and provision of compensatory services. 4. Targeted LEA Outreach to Parents Most Likely Impacted (CA: 1.g.): The agency will propose rulemaking to require all school districts to distribute information to every enrolled student's family regarding the Child Find and FAPE requirements and obligations in IDEA, to inform them of their rights under IDEA, and to provide the contact information to request an initial evaluation. Note: The cost of identifying and conducting initial evaluations for students suspected of having a disability has always been the responsibility of the LEA, and this will 15 5. 6. 7. 8. continue. TEA will assist with the development of evaluative resources, as outlined below in the Training, Support, and Development section below. TEA Outreach Campaign: TEA will execute a campaign to reach parents more broadly than the targeted outreach noted above, and will partner with an external organization to create and execute the campaign. Part of the campaign will likely involve district actions to reach families with templates and other resources developed centrally to facilitate the process. This outreach effort will include strong partnership with the Parent Training and Information Center, among others. An outreach campaign should likely include letters, emails, public service announcements, town halls and provision of individualized parent support by LEA staff (to explain to families the details laid out in the campaign and what, if any, steps they can take for their child). Outreach efforts will be available in English and Spanish, at minimum, to ensure broad reach in the state. TEA also strongly encourages LEAs to communicate with families, as LEAs may be able to deliver more targeted strategies. TEA Evaluation Support: As a result, TEA will provide for short-term relief in contracting with external diagnosticians and expert personnel to support LEAs, upon request. TEA will work with existing in-state and out-of-state organizations through a competitive solicitation process to provide necessary psychologist and diagnostician support for LEAs that require or request it. TEA will develop a process for LEAs to request assistance. LEAs will be asked to identify the date range for requested assistance, approximate number of students, and other relevant information in order for TEA to create a schedule through which additional resources will be available, at no cost to LEAs. For those LEAs that prefer to conduct and facilitate this work independently, the same vendors will be placed on a state-approved list with negotiated pricing. TEA does not have the authority to waive the state or federal statute requiring students to be evaluated within a certain period of time. Additional Services Note: For each student who should have been referred for an initial evaluation and was later found eligible for special education and related services, the student's ARD committee must determine whether additional services are required for that student, taking into account the supports and services previously provided. If a student's ARD committee determines that additional services are required, the LEA is responsible for providing those services. TEA will provide guidance for ARD committees to consider in their conversations and decisions. TEA may not provide definitive rules related to additional service entitlements outside of those established in federal and state law. TEA may monitor IEPs through the short-term corrective action monitoring work to ensure that ARD committees for these students consider the need for additional services. Additional Services Funding: Additionally, TEA will allocate $65 million to LEAs, which may be used to support these efforts. LEAs will be able to use this money within the parameters of IDEA funding, but TEA guidance will strongly suggest use towards compensatory services, as needed. Considerations There are many issues related to the identification of students who were not identified in accordance with IDEA. A child's parent may make a request for an initial evaluation in any format to any school official (including a teacher). The school/LEA must then determine if testing is required by evaluating the existing data. If testing is required, the school/LEA must comply with federal and state law related to timelines, eligibility determinations, and services. However, given the flexibility that parents have in how they choose to make a request for an initial evaluation, it is anticipated that some issues will occur 16 when it comes to determining whether a particular student who should have been referred for an initial evaluation was denied one. The following are some examples of when it could be difficult to determine whether a child should have previously been evaluated for special education eligibility: • • • • • Parent made a verbal request that was not documented; Request was made in writing, but the school or LEA does not have a copy or record of the request (though a parent may); Staff who received the request may no longer be employed by the LEA or may no longer remember; Records retention policies that limit the records that are available for retroactive review; or Questions/lack of clarity as to whether alternate supports that were provided to the child outside of IDEA can be applied to ARD committee decisions related to additional services provided through IDEA. In light of the difficulties associated with identifying students who should have referred for an evaluation, TEA will solicit the feedback of leading special education experts nationwide to ascertain best practices and approaches in making these critical decisions. It is expected that these experts will address topics including, but not limited to, how LEAs might consider relevant and available information, how LEAs might consider additional service needs, and what monitoring activities might look like. As a note, a parent may make a request for their child to be referred for special education testing/evaluation at any time. Ongoing Action Steps for TEA 1. Updated Guidance on Identification and Evaluation (CA: 2.b.): TEA's special education team will update guidance for clarity and will support the provision of trainings for LEAs on the necessary steps to take when a parent requests an initial evaluation. Specific guidelines will be put into place around a formal process for initial evaluation. 2. Complaints: TEA will ensure that the special education state Complaints team is sufficiently staffed to resolve in a timely manner all special education complaints that the agency receives. The Complaints team will also expand its support functionality to provide and facilitate stronger student-focused collaborative partnerships between LEAs and families, when disputes arise. 3. Dispute Resolution Support (CA: 1.e.): TEA will continue its ongoing practice of providing specialized IDEA-related training to its independent special education hearing officers and mediators. 4. Clarification and Guidance: Feedback on the preliminary plan included significant LEA requests for clarification related to identifying the appropriate amount of time for a child to be in Response to Intervention (Rtl) before being tested for special education. Similar questions were raised related to the level of specialized instruction required for students with dyslexia and dyslexia-related disorders. TEA will provide clarification on the requirements of Rtl, Section 504, and dyslexia related topics to support individual decisions for students, and to reiterate that each decision will be unique to that specific child. 5. General Assurances (CA: 1.b.): TEA will review and ensure that assurance statements received from LEA grantees clearly convey to the applicant their acceptance of and required compliance with all state policies, and procedures under 34 CFR §§300.101 - 300.163 and 300.174 and 17 300.165 - 300.174 This will be done as a condition of receiving grant funds and will be completed by way of signing Schedule #1-General Information of the paper application or by certifying and submitting the eGrants application. 6. Dispute Resolution: In addition to the Texas Education Agency Dispute Resolution Systems Handbook, TEA will develop and make publicly available easily accessible and understandable brochures regarding available dispute resolution programs (including IEP facilitation, mediation, state complaints, and due process hearings). 18 TRAINING, SUPPORT AND DEVELOPMENT Effective training of teachers must be based in sound adult learning theory and must allow for multiple opportunities for supported implementation of new practices or ideas. Previous models of professional development relied heavily upon facilitator led, lecture-style training sessions that have not proven effective in making the changes in adult behavior and teaching practice that are required to significantly improve outcomes for students with disabilities. TEA will help ensure the availability of effective models of educator support and training that include face-to-face interactions with expert trainers but more importantly, allow for adequate space for coaching and professionally reflective practices. This will be done using multiple formats including in-person face-to-face sessions and distance learning opportunities. Technology will be leveraged to provide equitable access to high-quality training for educators in even the most geographically remote LEAs. Professional development should focus on effective implementation of practice rather than on seat time. Action Steps for TEA 1. Additional Evaluation Capacity: As described in the section on Identification, TEA will dedicate technical assistance and resources to ensure the availability of bilingual evaluators, educational diagnosticians, and school psychologists in the short-term (2018). This could be done through the utilization of inter-local cooperation agreements through the Education Service Centers to facilitate deployment of existing evaluators, diagnosticians, and psychologists to LEAs and charter schools with shortages that affect timely initial evaluations and reevaluations. TEA will also coordinate with professional organizations of evaluators, educational diagnosticians, and school psychologists to develop a system for ensuring access to evaluators across the state, especially in rural areas. 2. Professional Development: TEA will create and execute statewide professional development for all educators (all education, special education, and others), structured initially as a training institute for teachers around the state, and which will include ongoing follow up through yearround support and modules. The content of this professional development will include elements both for inclusive practices and instructional techniques as well as broader identification and related Child Find practices. The content development would be informed by the perspectives of educators, students with disabilities, and field experts, as well as feedback and data gathered to date. For example, TEA will (re)train teachers/administrators on use of Rtl strategies with an emphasis on consistent procedures and practices across the state. TEA will include training related to Section 504, especially as it relates to the differences between Section 504 and IDEA, and considerations for appropriate placement. TEA will also address appropriate dyslexia identification and placement of students, and other best practices as outlined in the Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders (Dyslexia Handbook). This training would launch in Summer 2019, be conducted through third parties, and require significant stakeholder feedback, including students, educators, parents, and administrators. In order to focus on impact, participants would likely be required to demonstrate content proficiency and implementation before being noted as having participated in the full program. 3. Child Find Resource Development (CA: 3.c.): TEA will release an RFP to create a suite of resources which would describe the differences between RtI, the state dyslexia program (for dyslexia or dyslexia-related needs), Section 504, and the IDEA. Resource development will happen in conjunction with extensive stakeholder feedback. Guidance and resources will include 19 how and when school staff and parents of children suspected of having a disability may request interventions and/or services, as well as time lines, forms, relatable and understandable translation of federal and state statute, etc. Resources may be available both online and in hard copy, for LEA and school personnel as well as for parents. The RFP may further require the awardee to develop a system of resource dissemination, which may include a plan to conduct online training sessions for parents and administrators (on-demand modules which can be utilized for in-person trainings across the state). 4. Expert Support: The existing call center will be strengthened to include access to state-funded experts in exceptional student cases, as well as a set of tools to support planning and resource allocation activities within the context of best practices. The call center will expedite significant concerns and complaints, for escalated investigation or inquiry. 5. The Texas Dyslexia Handbook (CA: 3.a.): The State Board of Education (SBOE) is in the process of considering amendments to current administrative rules for students with dyslexia and related disorders. Currently, the rule requires LEAs to implement procedures for identifying a student with dyslexia or a related disorder and for providing appropriate instructional services to the student according the strategies and techniques described in the Dyslexia Handbook. Administrative rule amendments are expected to clarify that to support and maintain full educational opportunity for students with dyslexia and related disorders, LEAs must provide each student with dyslexia or a related disorder access to each program under which the student might qualify for services. Amended rules are expected to more specifically outline steps that must be taken before implementing identification or evaluation procedures. Additionally, the proposed rule is expected to include more specific requirements for parent education programs. The SBOE has asked TEA staff to work on a proposal for updates to the Dyslexia Handbook. TEA began this process by soliciting input from stakeholders on areas that need updates and/or clarification. Small topic-specific committees will be convened to review input and develop recommendations for updates based on stakeholder input. Committee work will include clarifying the difference between dyslexia and dyslexia-related services, IDEA, Section 504, and RtI, as well as guidance regarding provision of the most appropriate services for each individual student. Committee work will also address guidance for LEA implementation of the required screening of all students at the end of kindergarten and grade 1 as required by legislation passed by the 85th Texas legislature in 2017. Committees will include representatives from K-12 education, higher education/researchers, learning centers, advocacy organizations/parents, and diagnosticians. Updates to the handbook are expected to be approved by the SBOE no later than September 2018. 6. Dyslexia-Specific Support: The educational needs of students with dyslexia vary greatly among students and can be fluid throughout a student's educational career. It is critical that such variance is reflected in the services provided to these students. TEA will improve services for students with dyslexia by providing LEAs with improved training regarding the interplay between the state's dyslexia program, services provided under Section 504, and services provided by special education, as well as how students with dyslexia should be effectively served in these programs commensurate with individual students' needs. When provided with high expectations and appropriately designed instruction, students with dyslexia can achieve academically at, or above, the level of their peers who are not identified with dyslexia. It is incumbent upon the state to ensure that LEAs are effectively supported in implementing services for these vulnerable students. 20 7. Dyslexia and Related Disorders Reporting Study: TEA is in the process of contracting for a study on the reporting of students with dyslexia and related disorders through PEIMS. The objective of this project is to examine how LEAs identify and report students as having dyslexia or related disorders. The project calls for the following: (1) Policy and literature review documenting the history and current status of dyslexia requirements in Texas, as well as a review of federal and state requirements and policy regarding identifying and reporting students with dyslexia in public education; (2) Summary of research regarding the true approximate percentage of students in public education that are identified as having dyslexia or related disorders; (3) Data analysis to determine how many students are identified as having dyslexia or related disorders and whether any other factors such as LEA demographics, student characteristics, or available resources are correlated with this identification; (4) Analysis describing the extent to which students identified and reported as having dyslexia or a related disorder are also identified and reported as receiving special education services; and the extent to which students identified and reported as receiving special education services are identified and reported as having dyslexia or a related disorder; (4) Examination of the procedures used by LEAs to identify and report students with dyslexia or a related disorder. The examination may use surveys and interviews of LEAs to gather information and insight on past and current identification and reporting practices. The examination may include an estimate of the extent to which those practices vary across LEAs and identify barriers LEAs experience in identifying and reporting students with dyslexia and related disorders. The project is intended to culminate in the development of a set of recommendations for TEA, ESCs, LEAs, and/or campus personnel to ensure proper, accurate, and prompt identification and reporting of students who have dyslexia or related disorders. 8. Finance System: TEA will create a handbook for understanding of the school finance system related to special education. 9. Educator Preparation: TEA will explore options related to possible improvements in educator preparation and continuing education, in partnership with the State Board for Educator Certification. TEA will explore updates to the continuing education requirements for certified teachers in Texas to include a more explicit focus on special education practices. 10. Sufficient Special Education Staffing: TEA will convene a special education personnel forum and will invite the State Board for Educator Certification, the Texas Higher Education Coordinating Board, Colleges of Education from across the state, and professional organizations. This policy forum may discuss and develop a report with recommendations about how Texas will meet the staffing needs in special education. 11. Governance: TEA will explore the development of training resources for school boards on special education, with a focus on monitoring outcomes and program implementation fidelity. 12. Texas Workforce Commission (TWC) Partnership - General Workforce Resources and General Vocational Rehabilitation (VR) Available to Individuals with Disabilities: TEA will continue its collaboration with TWC to determine partnerships related to workforce preparation and readiness. These training resources may also include access to basic education skills, as well as basic job preparation skills training. VR helps eligible Texans with disabilities prepare for, obtain, retain or advance in competitive integrated employment, which is employment in full or parttime jobs with work settings, wages, benefits and advancement opportunities. 21 STUDENT, FAMILY, AND COMMUNITY ENGAGEMENT The effective and meaningful engagement of students, families, and communities is critical to the successful development and implementation of supports and services that lead to positive outcomes for students with disabilities. TEA will expand upon systems that facilitate effective stakeholder engagement at the state level. TEA will leverage the experiences and expertise of these stakeholders to ensure that programs and services developed for students with disabilities appropriately meet the needs of the individual student and lead to improved student outcomes. The state must meet stakeholders on their terms, so this engagement will include both in-person and virtual engagement. Action Steps for TEA 1. Outreach Campaign to Identify, Locate, and Evaluate (CA: 2.a.): As described above, the outreach campaign is reiterated here to establish the critical importance of ensuring an accessible campaign that clearly informs families and provides actionable steps they could take. 2. Family Support Call Center and Portal: As discussed in the section on Child Find, a set of paper and web-based resources will be created for parents and for LEAs to help understand special education eligibility. Beyond that, TEA will also provide a more substantial support structure, beyond static resources, to help parents navigate the process of identification, evaluation, eligibility, and admission into special education services. This would include a streamlined call center staffed with process experts coupled with an online portal that provides clearly outlined process steps and tracking systems to support easier navigation for parents of children with disabilities. This online resource will help parents navigate a process that can be highly complex and difficult to understand. The portal would provide for a statewide trackable timeline for parents that would have the ability to trigger reminders, supports in communication, etc. The call center will help support parents to help them understand relevant information. All calls would be documented and reported to LEAs on a monthly basis with identifiable information removed, to help with their efforts at process improvement. 3. Parent Brochures: TEA will create "user-friendly" definitions, flowcharts, etc. to assist LEAs and parents in understanding Child Find and the process for referral for an initial evaluation. These resources may not be policy documents, but rather resources containing information with regard to guiding questions to ask in ARD meetings, data and evidence to consider in conversations, and timelines and agendas to facilitate productive and student-centered meetings. These documents will also provide families with clarification on the information and data they may want to consider bringing to meetings to help in decision-making. Documents may also reference existing networks in place to support families. Examples of such assistive networks include the Parent Coordination Network and ESC-based parent training supports. 4. Ongoing Stakeholder Engagement: TEA will release a request for Letters of Interest (LoI) for a Stakeholder Engagement Partnership. This partnership would provide the infrastructure and logistical facilitation necessary for TEA to gather meaningful feedback and input related to special education. Given the size and scope of needs in Texas, and the challenges of a state agency to conduct effective and comprehensive engagement at scale, TEA will need consistently focused capacity to ensure inclusive and representative feedback and discussion. As a result of this partnership, TEA will significantly increase opportunities to engage with various stakeholders on an ongoing basis. Stakeholder groups will include students, families, educators, LEAs, ESCs, IHEs, and others. 22 TECHNICAL ASSISTANCE NETWORKS AND STRUCTURES As part of the dissemination of state discretionary funds that TEA receives under IDEA for state-level activities, TEA grants or contracts out services, supports, and networks. Networks are major, thematic topics that are identified as critical for the state. Resources from these networks are available to any LEA in the state and are intended to leverage best practices. These networks have remained largely unchanged for over fifteen years. As part of this strategic plan, TEA will redesign the statewide networks. TEA used and incorporated stakeholder feedback, data, and interviews to determine needs and adjustments to the existing structure. As part of the work over the last year, TEA had already begun to enhance and expand its support structures in special education. TEA increased the number of staff available to provide technical assistance to districts, re-designing the team to allow for specialization in key strategic areas instead of a team of generalists. Second, TEA piloted the implementation of Special Education Liaisons in each of the Education Service Center (ESC) regions to provide differentiated and targeted support and assistance to local districts. Finally, TEA had started the work of a statewide gap analysis related to professional development opportunities, compliance, and necessary supports to the field. This included statewide surveys, regional meetings, and a significant shift in financial resources to provide stronger impact to students. TEA also improved the existing network structures so that discretionary funds would be tied to measurable outcomes as opposed to project completion. This was another way in which TEA began to align the foundation necessary for strong statewide activities (staffing, student-centered metrics, funding alignment) prior to this process beginning. The following descriptions are brief summaries of each of the proposed networks. Full descriptions, deliverables, and requirements will be outlined in the request for Letters of Interest, to be released in the summer 2018. Requests will be posted based on stakeholder feedback provided through April 2018. The Letters of Interest will be open to ESCs and Institutions of Higher Education (IHEs) and will encourage collaboration among these various entities. Each network project will expect applicants to meet a minimum set of standards to be eligible for consideration. Should no Letter of Interest applicants meet those requirements, that network project would be bid competitively to include proposals from private providers. Additionally, ESCs will continue to receive funds to support special education, as well as funds for activities related to regional liaisons. However, these funds will be tied to specific grant requirements and metrics related to positive student outcomes. Funds will also support work aligned to the networks and the needs of the region. Through best practices observed in Review and Support activities (described under Monitoring) as well as through the Networks outlined below, TEA will support mechanisms through which LEAs may learn from and have access to resources and strategies that are working in regions throughout Texas. TEA commits to solicit significant stakeholder input and guidance in the development of the new network grants over the Spring and Summer 2018. Network One: Child Find, Evaluation, and ARD Supports 23 Child Find is legally required, and is an important first step to finding children with disabilities and getting them the support and services they require to be successful in school. The full individual and initial evaluation (FIE) is an essential and critical component to determining the eligibility and needs of the child. The role of the ARD committee is to develop the IEP to enable a child with a disability to achieve the prescribed goals resulting in positive outcomes. Focused support in these areas will strengthen the state's ability to ensure all children with disabilities are located, evaluated, identified and that a FAPE is made available. Activities that will support learning opportunities and improvements across the state may include projects such as the following: • Identification and evaluation of eligible students • Development of collaborative ARD processes and local dispute resolution practices • Standards-based IEPs Projects identified to meet federal regulations and/or state statutory requirements must include: • Procedural Safeguards / ARD Guide publication and maintenance • Other legal references including, but not limited to, side-by-side documents and legal frameworks • Supports for LEAs with significant disproportionality Network Two: School, Family, and Community Engagement When schools, families, and communities work together, student success increases and the entire community benefits. The goal of school, family, and community engagement support is to initiate programs that focus on building the capacity of educators and families to work collaboratively through essential partnerships in supporting positive outcomes for students with disabilities. Programs of support should promote learning, development, and relational connections. Programs of support should also seek to create mutually trusting environments and develop cognition and confidence in reaching common goals among educators, families, and communities. Activities to support learning opportunities and improvements across the state may include projects such as the following: • Focus on how to effectively incorporate family engagement into special education processes • Availability of call center and online systems for accessible and responsive information sharing and support for families and schools (currently provided through SpedTex parent information center and the Texas Project First website) • Connection to community resources Projects identified to meet federal regulations and/or state statutory requirements must include the following: • Parent Survey (State Performance Plan Indicator 8) • Surrogate Parent Training 24 Network Three: Inclusive Services and Practices for Improved Student Outcomes Creating the foundations of inclusive programs for students with disabilities requires careful thought toward master scheduling, creating balanced classroom rosters, training for professional and paraprofessional inclusion support, establishing co-teaching partnerships, developing cross-collaborative relationships, and providing appropriate supports for students with disabilities. To effectively teach students with disabilities in general education classrooms, curriculum and instruction must be accessible and appropriate for individuals with different backgrounds, learning preference, abilities, and disabilities, and it must be provided in a wide variety of learning contexts. The goal of the inclusive services and practices network is to build capacity in development and implementation of meaningful access to and progress in the least restrictive environment that results in positive outcomes for students with disabilities. Programs of support should focus on access to and progress in all instructional and extra-curricular activities, continuum of services and service locations, and innovative, evidence-based models that result in quality services and supports. Activities to support learning opportunities and improvements across the state may include projects such as the following: • Specially designed instruction to build a foundation in math and reading, including specific support for educators to address the unique needs of students identified with dyslexia and related disorders; • Models of inclusion supports and practices that promote services to students as opposed to students to services; • Assistive technology for accommodations to achieve meaningful and full appropriate access and involvement; • Differentiated instruction and Universal Design for Learning; • Student self-advocacy and self-determination; and Projects identified to meet federal regulations and/or state statutory requirements must include Comprehensive Coordinated Early Intervening Services (CCEIS). Network Four: Autism Students with autism have varying and unique needs and may require academic, behavioral, communication, and/or social support to achieve school success. Examples of required support may include assistive technology or other assistive devices; communication support, devices or tools; settings and services to support the communication, social, or behavioral goals; and other tailored services and supports, especially those identified in the administrative rules related to students with autism. The primary goal of the Autism Network is to provide educators, families, and other caregivers access to and support in delivery of resources, tools, and evidence-based best practices that meet the intensive needs enabling positive outcomes for children with autism. Activities to support learning opportunities across the state may include projects such as the following: 25 • • • • • • • • • Guidance on meeting requirements of administrative rules related to students with autism (19 TAC §89.1055(e)); Resources for schools in developing practices from initial referral to program development and implementation with a strong emphasis on research-based and peer-reviewed strategies; Resources for providing increased community access and lifelong living skills, including social, recreational, and employment opportunities; Professional training opportunities for educators and administrators; Resources for providing self and family advocacy and support connections; lnter-agency collaborations; Expanded guidance and support for general education teachers; State Level Professional Development for School Personnel and Parents of Students with Autism; and Guidance on meeting requirements of administrative rules related to students with autism (19 TAC §89.1055(e)) Activities identified to meet federal regulations and/or state statutory requirements must include statelevel professional development for school personnel and parents of students with autism. Network Five: Intervention Best Practices Providing effective models of academic and behavioral interventions for students, including students with disabilities who are struggling in the general curriculum, can improve outcomes for students. Response to these intervention models can also help ARD committees identify disabling conditions in students and draw distinctions between disabilities and lack of effective instruction or educational opportunities. Activities that may support learning opportunities and improvements across the state may include projects such as the following: • Multi-tiered systems of support to include Positive Behavioral Interventions and Supports, and Restorative Discipline; • Culturally responsive pedagogical practices; and • Response to Intervention (RtI) Network Six: Students with Intensive Needs Some students with disabilities may have additional needs based on the nature of their disability or other factors that require more intensive academic, behavioral, social, and/or emotional support. Students who have cognitive, social, emotional, or behavioral difficulties often require unique and individualized resources to aid in achieving school success. Examples of these may include assistive technology or other assistive devices; communication support, devices or tools; settings and services to support the emotional, social, or behavioral goals; and other tailored services and supports that may meet the student's individualized educational needs. The primary goal in supports for students with 26 intensive needs is to provide educators, families, and other care givers access to and support in delivery of resources, tools, and evidence-based best practices that meet the intensive needs enabling positive outcomes for children with disabilities. Activities that may support learning opportunities and improvements across the state may include projects such as the following: • Assistive technology for meaningful and full appropriate communication, access, and involvement; • Instructional supports for students with significant cognitive delays; • Identification and implementation support for evidence-based practices to address social, communication, and behavioral needs of students with intensive needs; • Guidelines for Educating Students with Traumatic Brain Injury/Concussions Projects identified to meet federal regulations and/or state statutory requirements must include the following: • Continuum of alternative placements {34 CFR §300.115) Network Seven: Students with Sensory Impairments Students with sensory impairments, such as those who are blind, visually impaired, deaf, or hard of hearing, have unique needs that require a range of supports and services to better enable access to and successful outcomes for appropriate independent living skills. Working closely with families and students to provide information and strategies for development of communication, mobility, tactile skills, and environmental adaptations is critical to successful outcomes for children with sensory impairments. The goal of the support and services for children with sensory impairments is to provide families and schools with information and strategies to overcome barriers to success for students who are blind; visually impaired; deaf, or hard of hearing; or have other single or multi-sensory impairments that impede the development of functional vision and/or hearing. Activities to support learning opportunities and improvements across the state may include projects such as the following: • • • • Resources for increased community access and lifelong living skills, including social, recreational, and employment opportunities; Resources for communication, mobility, and tactile skill development; Professional training and nontraditional certification opportunities for educators, administrators, and support professionals; and Self and family advocacy and support connections. Activities identified to meet federal regulations and/or state statutory requirements must include the following: • Statewide plan for the education of children with visual impairments (Texas Education Code (TEC) §300.002); 27 • • Statewide Deaf/Blind Plan to identify needs, set priorities, and guide the development and provision of services for students with Deaf/Blindness; and For students who are deaf or hard of hearing (DHH), develop a Statewide plan for educational services through a State DHH Plan (see TEC §30.083). Network Eight: Students in Small and Rural LEAs Roughly half of the 1,200 LEAs in Texas serve populations of fewer than 1,000 students. These LEAs face unique challenges with regard to the resources and supports necessary to meet the needs of their students with disabilities. The primary goal of Supports for Students Served in Small and Rural LEAs is to leverage resources and supports at the state level to provide a more effective level of access to small and rural LEAs who face unique yet significant challenges including resource limitations and geographic remoteness. The intended result is the provision of a more equitable level of service to students in these small LEAs as compared to their larger counterparts. Activities to support learning opportunities and improvements across the state may include projects such as the following: • Professional community to mentor and support teachers and mitigate professional isolation; • Instructional and case management strategies for managing broad responsibilities (age, settings, student needs); • Collaborative teaming with families and shared services arrangement providers and contractors; and • Post-secondary transition collaboratives, including transportation. Network Nine: Student-centered Transitions Successes begin early through implementation of careful and systemic practices aligned with positive social, emotional, and academic goals designed to meet the identified needs of each individual student with a disability. Each successful transition for students at ages 3-21 with disabilities, such as early childhood intervention (IDEA Part C) to pre-kindergarten and on through elementary; elementary to secondary; and secondary to graduation (IDEA Part B), increases the likelihood for students and communities to become more resilient and is associated with post-secondary success. The goal of childcentered transition is to support students with disabilities and to provide stakeholders with assistance that increases knowledge, builds capacity, and enhances systems to ensure pre-kindergarten through post-secondary readiness needs are met resulting in positive student outcomes. Activities to support learning opportunities and improvements across the state may include projects such as the following: • Preschool programs for children with disabilities with focus on growth outcomes and kindergarten readiness; • Part C (Early Childhood Intervention birth to 3 under IDEA) to Part B (ages 3-21 under IDEA) transition services; • College, career, and military readiness through pre-employment initiatives, college and career mentor and internships, career and technology education, and other post-secondary 28 preparedness programs; Secondary transition services planning and implementation; and Connections to state and federal resources, programs, and agencies for students and persons with disabilities. Projects identified to meet federal regulations and/or state statutory requirements must include the following: • Texas Transition and Employment Guide; • LEA Transition and Employment Services Designee training; and • Early Transition Memorandum of Understanding (MOU). Network Ten: Multiple Exceptionalities and Multiple Needs In general, exceptionalities fall in six broad categories that include intellectual, communicative, sensory, behavioral, physical, and multiple. A child with a disability is identified in one or more of the specific disability categories as defined in IDEA and is included in these exceptionalities but may also be identified as gifted in comparison to same-aged peers, or identified as a second language learner. The complex needs of these children require planned and purposeful coordination to mobilize a variety of targeted resources to meet their educational needs. The primary goal of supports for children with multiple exceptionalities is to build capacity through essential partnerships at the state, regional, and local levels that include educators and families in providing accommodative learning opportunities and positive outcomes for students with disabilities with multiple exceptionalities. Activities that may support opportunities and improvements across the state may include projects such as the following: • Intra-agency alignment on the ARD/Language Proficiency Assessment Committee (LPAC) collaboration process to identify and support English learners with disabilities; • Research-based guidance on (1) how to evaluate students for special education and Gifted and Talented (GT) and/or English learner (EL) programs; (2) how to determine special education and GT eligibility for these students; and (3) how to write IEPs and develop GT and/or EL programming for these kids. Further, in accordance with the Interstate Compact on Educational Opportunity for Military Children 3 the state will provide explicit supports for this population. APPENDIX A: Feedback Throughout the fall of 2017, TEA and Education Service Center staff conducted interviews with Special education services--(1) In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. Section 1400 et seq.), the receiving state shall initially provide comparable services to a student with disabilities based on his/her current Individualized Education Program (IEP); and (2) In compliance with the requirements of Section 504 of the Rehabilitation Act (29 U.S.C.A. Section 794), and with Title II of the Americans with Disabilities Act (42 U.S.C.A. Sections 12131-12165), the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. 3 29 parents, teachers, administrative staff, and members of the broader special education community. These interviews garnered information as to the operation of each network. The information from the interviews, as well as a survey administered to regional and LEA staff in November and December of 2017, was added to the body of information that has been used in the development of this strategic plan. Throughout the month of February 2018, the agency sought feedback on the initial draft of the corrective action response from a wide variety of audiences. This process included face-to-face focus groups that were facilitated by agency staff in each of the twenty education regions in the state. During the meetings with parents and educators, agency staff presented information explaining the historical context of the corrective action response, the current requirements from the U.S. Department of Education, and current thinking on how to address those requirements. Focus group members were then asked to provide feedback on the initial corrective action response and to provide any additional ideas or considerations they may have. Data collected from these focus groups were coded and included in the analysis of information collected from all other sources. In addition, agency staff met with students who are currently eligible for special education services to obtain their feedback on the type and quality of services they received (or were receiving) and on whether they believed they were being prepared for a successful life after high school. These interviews provided the agency with insights, from a student perspective, as to what are and are not effective practices in the state regarding the development and implementation of special education services. TEA also developed and posted a survey on its website that members of the public could use to provide feedback on the initial corrective action response. The agency received approximately 7,000 responses from the survey, which represented feedback from 767 different LEAs. The survey solicited both quantitative and qualitative data. The agency also collected narrative data through an email address specifically established for collecting feedback on the corrective action response. As of March 2, 2018, the agency had received approximately 160 emails that spoke directly to the corrective action response. There were approximately 200 additional emails that addressed other topics not directly associated with the corrective action response (e.g., requests for information about the focus groups, requests to be added to a registry of providers and support organizations related to special education, etc.). As with the data collected from the focus groups, information from the emails and the qualitative data from the surveys were included in the analysis of information gathered from all other sources. Finally, agency staff worked directly with the volunteer members appointed to the Continuing Advisory Committee (CAC), presenting the plan at meetings on February 13, 2018 and April 3, 2018. Information from the focus groups, emails, and survey will be posted to the agency’s website at https://tea.texas.gov/TexasSPED/. The information posted to the website will be redacted to comply with the Family Educational Rights and Privacy Act (FERPA). This means that any information that could be used to identify a student with a disability and/or his/her family shall be removed to protect the student and family’s confidentiality. Members of the public who wish to continue to provide the agency with feedback related to special education in Texas and/or the corrective action response may do so by emailing the agency at TexasSPED@tea.texas.gov. 30 Summary of Feedback Gathered for the Strategic Plan Roles Feedback Gathered Number of Respondents Emails to TexasSPED@tea.texas.gov Responses from USDE Corrective Action Draft Plan Online Survey Individual One on One Interviews with Educational Service Center Technical Assistance Providers Responses from Special Education Technical Assistance Insights and Needs Assessment Survey Participants in Focus Group Meetings (110 meetings held in all 20 ESC regions of Texas) Parents Teachers / District ESC/Tech Service Prov Admin Assist Advocacy Other 390 ✓ ✓ ✓ ✓ ✓ ✓ 7,0943 3,556 3,890 1,047 * 232 1,550 153 NA NA NA 153 NA NA 4,106 NA 2,710 777 128 NA 507 1,520 357 325 838 NA NA NA Total number of respondents is a unique count. Role totals do not match due to survey allowance to either 1) not choose a role, or 2) choose multiple roles 3 31 APPENDIX B: Previous and Current Improvements Since the letter from Office of Special Education and Rehabilitative Services (OSERS) and the TEA response, TEA has been engaged in improvement activities meant to ensure concerns raised by both stakeholders and the USED were being addressed immediately. Seven actions have been undertaken: 1. A “To the Administrator” letter was sent on November 17, 2016, reminding local education agencies (LEAs) of their Child Find obligations in IDEA; that Response to Intervention (RtI) strategies may not be used to delay or deny an initial evaluation- and to clarify TEA’s monitoring efforts regarding prevention of over-identification of students with disabilities. 2. TEA reviewed the Parent’s Guide to the ARD Process and identified possible training and technical assistance to be provided regarding Child Find, RtI, and the Performance Based Monitoring Accountability System (PBMAS). The reviews were completed and all documents are up to date and in compliance with IDEA. 3. TEA reviewed monitoring activities specific to the schools that LEAs discussed in the Houston Chronicle articles and cited in the October 3, 2016 USED letter and followed up, as appropriate, with those LEAs. 4. TEA completed the multi-year transition plan for integrating the four representation indicators into a single indicator for calculation of significant disproportionality with input from the Continuing Advisory Committee appointed by the Governor and the Texas Continuous Improvement Steering Committee stakeholder group. 5. TEA hired ten additional staff members in TEA’s Division of Special Education to expand the amount of technical assistance support available at TEA. These individuals were hired for their expertise in various functional areas related to special education. 6. Twenty-eight Education Service Center (ESC) liaisons were employed by the education service centers to perform multiple functions with regard to improving outcomes for students with disabilities. They are engaged with LEAs to develop ways to address challenges and are supporting best practices around issues that may include significant disproportionality and/or other programmatic components of the Corrective Action response. 7. TEA discontinued the use of PBMAS Indicator 10 for the purposes of interventions staging moving forward, and the Texas Legislature followed up with Senate Bill 160 and Senate Bill 1153 relating to this issue. S.B. 160 prohibited adoption or implementation of a performance indicator in any monitoring system that solely measures an LEA’s aggregated number or percentage of students with special education eligibilities. SB 1153 required notice (as defined in the bill) to parents of each child, other than a child enrolled in special education, who receives assistance for learning difficulties, including through the use of intervention strategies (as defined in the bill) 32 APPENDIX C: Corrective Action Response Corrective Action Response Texas Education Agency April 23, 2018 Citation 1 - TEA failed to ensure that all children with disabilities residing in the State who are in need of special education and related services were identified, located, and evaluated, regardless of the severity of their disability, as required by IDEA section 612(a)(3) and its implementing regulation at 34 CFR §300.111. Citation 2 - TEA failed to ensure that FAPE was made available to all children with disabilities residing in the State in Texas’s mandated age ranges (ages 3 through 21), as required by IDEA section 612(a)(1) and its implementing regulation at 34 CFR §300.101. Citation 3 - TEA failed to fulfill its general supervisory and monitoring responsibilities as required by IDEA sections 612(a)(11) and 616(a)(1)(C), and their implementing regulations at 34 CFR §§300.149 and 300.600, along with 20 U.S.C. 1232d(b)(3)(A), to ensure that ISDs throughout the State properly implemented the IDEA Child Find and FAPE requirements. OSEP Requirement #1 Documentation that the State’s system of general supervision requires that each ISD 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 IDEA and its implementing regulation at 34 CFR §300.111 and makes FAPE available to all eligible children with disabilities in accordance with section 612(a)(1) of the IDEA and its implementing regulation at 34 CFR §300.101. Essential Corrective Actions Applicable Citation Timeline for Completion of Corrective Actions Responsible for Essential Action Documentation/Evidence of Progress / Completion 33 1.a. Communicate to all local education agencies (LEAs) the Child Find and FAPE requirements and obligations in IDEA. Citation 3 34 CFR §§300.149 and 300.600 along with 20 U.S.C. 1232d(b)(3)(A) Completed on November 17, 2016 Completed on February 26, 2018 1.b. Review and ensure that assurance statements received from LEA grantees, by way of signing Schedule #1—General Information of the paper Application or by certifying and submitting the eGrants Application, clearly conveys to the Applicant their acceptance of and required compliance with all state policies, and procedures under 34 CFR §§300.101 - 300.163 and 300.174 and 300.165 - 300.174. Citation 3 34 CFR §§300.149 and 300.600 along with 20 U.S.C. 1232 d(b)(3)(A) By January 10, 2019 TEA To the Administrator Addressed letter submitted on November 17, 2016, to every LEA in the state, reminding LEAs of their obligations under Child Find in IDEA and clarifying TEA’s monitoring efforts regarding preventing the over-identification of students with disabilities, signed by Deputy Commissioner Penny Schwinn. To the Administrator Addressed letter submitted on February 26, 2018, to every LEA in the state, clarifying LEA responsibilities and timelines regarding parent requests for special education evaluations under the Individuals with Disabilities Education Act (IDEA), the Texas Education Code, and the Texas Administrative Code, signed by Chief Deputy Commissioner Penny Schwinn. Annual submission of assurance requirements by each LEA grantee who assumes IDEA formula and discretionary funds clearly conveys that it has in effect policies, procedures, and programs that are consistent with the State policies and procedures under 34 CFR §§300.101–300.163 and 300.174 and 300.165–300.174 (34 CFR 300.201). Provide assurance statement that 100 percent of LEAs who assume IDEA formula and discretionary funds have provided the requisite assurances. 34 1.c. Revise monitoring protocols and document review requirements to ensure evidence of supervision activities related specifically to implementing regulations for Child Find and FAPE requirements. Citation 3 TEA, with additional technical assistance support. . Produce evidence of monitoring protocols for use in on-site and desk review reviews that include information-gathering activities targeting LEAs’ implementation of Child Find and FAPE requirements. December 1, 2018 TEA, with additional communication support from Regional Education Service Center (ESC) partners. Provide a copy of the Texas Education Agency Special Education Dispute Resolution Handbook. December 1, 2018 TEA Documentation of most recent training conducted by an independent expert in the field of special education law. SB 160 signed by governor on May N/A 34 CFR §§300.149 and 300.600 along with 20 U.S.C. 1232 d(b)(3)(A) 1.d. Citation 3 Make 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. 34 CFR §§300.149 and 300.600 along with 20 U.S.C. 1232 d(b)(3)(A) 1.e. Citation 3 Ongoing training of hearing officers, mediators, and complaints investigators regarding legal provision of Child Find. 34 CFR §§300.149 and 300.600 along with 20 U.S.C. 1232 d(b)(3)(A) 1.f. December 1, 2018 Provide a copy of pamphlets that offer quick reference to parents about the dispute resolution programs. 35 The Texas legislature passed, and Governor Abbott signed into law, new legislation prohibiting the use of a performance indicator based on the number or percentage of children who receive special education services. 22, 2017, effectively immediately, codified at TEC §29.0011. Copy of Texas Education Code §29.0011. Copy of PBMAS Manual. 19 TAC §97.1005. PerformanceBased Monitoring Analysis System as amended to be effective August 14, 2017, 42 TexReg 3969. 1.g. The Texas legislature passed, and Governor Abbott signed new legislation, requiring districts to notify (requirements are defined in the bill) parents of each child, other than a child enrolled in a special education program, who receives assistance from the district for learning difficulties through the use of intervention strategies. An “intervention strategy” is defined in the bill and RtI is included within this definition. The law also gives parents the right to all written records and access to any records relating to assistance provided. Not Applicable SB 1153, signed by governor on June 12, 2017, effective immediately, codified at TEC §26.0081, applicable beginning with the 2017-2018 school year. N/A Copy of Texas Education Code §26.0081 The documentation provided in response to OSEP Requirement #1 provides the foundation upon which the response to OSEP Requirements # 2-4 is based. 36 OSEP Requirement # 2 A plan and timeline by which TEA will ensure that each ISD will (i) identify, locate, and evaluate children enrolled in the ISD who should have been referred for an initial evaluation under the IDEA, (ii) require IEP Teams to 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. Essential Actions Applicable Citation Timeline for Completion of Corrective Actions Responsible for Essential Action 2.a. Citation 1 December 1, 2018 TEA and each LEA in the state. Require all local education agencies (LEAs) to distribute information to every enrolled student’s family regarding the Child Find and FAPE requirements and obligations in IDEA, to inform them of their rights under IDEA, and to provide the contact information to request an initial evaluation. 34 CFR §300.111 2.b. Citation 1 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. 34 CFR §300.101 Citation 2 100 % of LEAs will receive materials that can be used to present their statutory and professional requirements to their local school boards, and materials to publish information on their websites. LEAs must provide assurance of having met this requirement through the Legal Framework. Citation 2 34 CFR §300.111 Evidence of Progress / Completion December 1, 2018 TEA 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. 34 CFR §300.101 37 2.c. TEA will require LEAs to collect and retain data that includes (i) each request for evaluation made during the 2018-2019 school year, (ii) whether the reason for request indicates a claim that the child should have been referred for an initial evaluation prior to the 2018-19 school year, and (iii) if the child is found eligible, whether additional services are needed, taking into consideration supports and services previously provided, and what those services are determined to be, including the timeline for implementation. LEAs may produce this data to TEA upon request or through approved TEA data collection processes. Citation 1 September 1, 2018 TEA 34 CFR §300.111 100 % of LEAs will receive information relating to this requirement and notice of how TEA will collect this data. Citation 2 34 CFR §300.101 OSEP Requirement # 3 A plan and timeline by which TEA will provide guidance to ISD staff in the State, including all general and special education teachers, necessary to ensure that ISDs (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 ISD’s schools, consistent with 34 CFR §300.503(c) Essential Actions Applicable Citation Timeline for Completion of Corrective Actions Responsible for Essential Action Evidence of Progress / Completion 38 3.a. Upon 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 RtI, and ensure clear guidance in the field, especially as it relates to dyslexia and dyslexia-related disabilities being eligible for IDEA. TEA will ensure that any guidance is compliant with IDEA. Citation 1 November 2018 34 CFR §300.111 State Board of Education Completed, approved, and adopted Dyslexia Handbook. Citation 2 TEA 34 CFR §300.101 3.b. Citation 1 Evaluate existing resource content and whether the Parent’s Guide to the Admission, Review, and Dismissal Process meets legal requirements regarding a child’s right to an initial evaluation for special education and related services under the IDEA. 34 CFR §300.111 Completed Spring 2017 TEA and ESC partners The Parents Guide to the Admission, Review, and Dismissal Process, was found to appropriately contain: “A child does not need to advance through each tier of the RTI system before a referral for special education is made. Once it is apparent that general education interventions are not sufficient, school personnel should suspect that the child has a disability and should initiate a referral. Parents can also request a referral at any time regardless of whether the child is receiving interventions through an RTI system.” Additionally, TEA’s website contains a page dedicated to RTI which provides additional links to resources. This page similarly notes: “Students who may have a disability should be referred for a full and individual evaluation for special education services. States and LEAs have an obligation and requirement under federal law (34 CFR §300.111 Child Find) to see that evaluations of children suspected of having a disability are not delayed or denied because of schools using an RTI strategy.” 39 3.c. TEA will leverage resources to enable the creation of a suite of information intended to be shared with the parents of children suspected of having a disability. These resources will describe the differences between RtI, 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. This will include how and when school staff and parents of children experiencing learning difficulties may request interventions and/or services under these programs. This will include policy development relating to timelines, forms, with relatable and understandable translation of federal regulations and state statutes and will be readily available to all stakeholders. TEA will provide resources and guidance to support LEA understanding of IDEA and state statute compliance. Citation 1 34 CFR §300.111 Citation 2 December 1, 2018 TEA and ESC partners 100 percent of LEAs will receive materials that can be used to present their statutory and professional requirements to their local school boards, and materials to publish information on their websites, and provide assurance of this requirement through the Legal Framework. 34 CFR §300.101 40 OSEP Requirement # 4 A plan and timeline by which TEA will monitor ISDs’ implementation of the IDEA requirements described above when 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. Essential Actions Applicable Citation 4.a. 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 IDEA are receiving supports through RTI, Section 504, and/or the State’s dyslexia program. Citation 3 34 CFR §§300.149 and 300.600 along with 20 U.S.C. 1232 d(b)(3)(A) Timeline for Completion of Corrective Actions Reorganization completed by August 2018 Responsible for Essential Action TEA Evidence of Progress / Completion Transition the Special Education monitoring duties from School Improvement to Special Populations (in the Office of Academics) as part of a new Review & Support Team. This will allow for significantly increased capacity and expertise. Until the transition is complete, require School Improvement to include specific monitoring requirements to review LEAs’ implementation of the IDEA requirements found in 34 CFR §§300.101, 300.111, and other requirements of LEAs found in this corrective action response. Increase the scope and size of the Review & Support Team in Special Education. The scope of the team will include reviews of programs that provide services and supports to struggling learners suspected of having a disability and needing special education and related services under the IDEA inclusive of RTI, 504, and the State’s dyslexia program. 41 4.b. 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 RTI, Section 504, and the State’s dyslexia program. Citation 3 34 CFR §§300.149 and 300.600 along with 20 U.S.C. 1232 d(b)(3)(A) Established by December 2018 TEA At least six stakeholder meetings held between May 2018 and December 2018, inclusive of representative stakeholder groups. 42 Timeline Overview On October 3, 2016 Commissioner Morath received a letter from the Office of Special Education and Rehabilitative Services (OSERS) of the United States Department of Education (USED) raising concerns regarding Texas’ compliance with a number of requirements in the Individuals with Disabilities Education Act (IDEA). The state responded to the letter on November 2, 2016, outlining some of the improvement activities that were already being put in place. In December of 2016, the Office of Special Education Programs (OSEP) conducted a series of listening sessions. The USED and OSEP staff returned to Texas in February 2017 and performed a series of onsite monitoring visits in 12 LEAs across the state. The final report of findings from this on-site monitoring visit was provided to Commissioner Morath and Governor Abbott on January 11, 2018. On January 17, 2018, a draft corrective action response was provided to Governor Abbott. Stakeholder input was gathered through a survey, email, and focus groups conducted at all20 ESCs from January 17 - March 1, 2018. The second draft was published in March to allow for public comment. The proposed corrective action response will be finalized and submitted to OSEP by April 23, 2018. Moving forward, competitive grant opportunities may become available during the summer of 2018 through fall 2018 for implementation in the 2019-2020 school year that may encourage partnerships and provide direct support to a framework that focuses on improved results for students with disabilities. TEA will continue to solicit comment on the various phases of much of the work described in this strategic plan during the implementation phase. 43 Funding The table below provides a summary of the funding that may be used for this strategic plan. Please note that these are projected expenditures only and are subject to change as the strategic plan adjusts. Please also note that: • • • This strategic plan is largely funded out of IDEA Administrative and State Discretionary funds, which are explicitly provided for state-level activities. The discretionary funds required for this strategic plan may be paid in part through available discretionary funds in the amount of $45,000,000. The remaining activities may be pulled from annual state discretionary federal funds, at an anticipated allocation of approximately $15,000,000 per year. As noted at the start of this strategic plan, the agency does not have the authority to appropriate funds. However, regardless of this (or any other) strategic plan – but as a function of federal and state law – the activities associated in this plan are costs that have always been the responsibility of districts (identification, evaluation, and services for students). This plan addresses the state’s role of monitoring that this work is being done, and providing support and technical assistance to districts. There are no requirements for districts in this plan above and beyond what has been, and remains, a requirement of federal and state law. However, it is also important to acknowledge that LEAs who had not identified all students eligible for special education will incur costs - and receive the prescribed weighted funding - associated with the following: o Testing more students who are identified as potentially having a disability o Compensatory services, as applicable (may vary based on individual need) o Providing services to which the student is entitled Again, as more students are identified, there is a requisite increase in state weighted formula funds that will go to districts to support the services provided to students. In the thousands of comments received by the agency, the concern for these additional costs was the single-largest issue raised. In this plan, TEA has committed all available IDEA resources to this Strategic Plan, and will further commit to spending any additional appropriated funds to executing on this plan and additional opportunities for LEA support. TEA commits to including a legislative appropriation request (LAR) for local special education needs for the 86th Legislative Session (2019). 44 CATEGORY Monitoring ITEM SOURCE OF FUNDS Staffing (50 people) Travel IDEA - Administration IDEA - Administration Overhead IDEA - Administration Online Infrastructure IDEA - Discretionary Beginning Summer 2019 Ongoing Independent Review Experts - Review, Identification, Compensatory Processes Temporary Diagnosticians, Etc. IDEA - Discretionary Beginning Spring 2018 IDEA - Discretionary IDEA - Discretionary Identification, Compensatory Services Evaluation and IDEA - LEA Allocation Allocation (Suggested Use) Placement Training, Support and Development Student, Family and Community Engagement PROPOSED STRATEGIC PLANNING BUDGET ONE-TIME OR YEAR 0 TIMELINE ONGOING (2018) Beginning June 2018 Ongoing 790,000 Beginning June 2018 Ongoing 135,000 Beginning September Ongoing 0 2018 YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 (2018-19) (2019-20) (2020-21) (2021-22) (2022-23) 3,775,000 3,775,000 3,775,000 3,775,000 3,775,000 200,000 200,000 200,000 200,000 200,000 TOTAL 19,665,000 1,135,000 800,000 800,000 800,000 800,000 800,000 4,000,000 0 1,500,000 250,000 250,000 250,000 250,000 2,500,000 One-Time 200,000 0 0 0 0 0 200,000 Beginning Spring 2018 One-Time 300,000 0 0 0 0 0 300,000 Beginning Summer 2018 One-Time 3,000,000 7,000,000 0 0 0 0 10,000,000 Spring 2018 One-Time 65,000,000 0 0 0 0 0 65,000,000 Dispute Resolution IDEA - Discretionary Beginning Summer 2018 One-Time 250,000 750,000 0 0 0 0 1,000,000 Outreach Campaign Statewide Professional Development Dyslexia-Specific Support Materials Dyslexia Study Resource Development IDEA - Discretionary Beginning August 2018 One-Time 3,000,000 0 0 0 0 0 3,000,000 IDEA - Discretionary Beginning Summer 2019 Ongoing IDEA - Discretionary Beginning Fall 2018 One-Time 0 500,000 0 0 0 0 500,000 IDEA - Discretionary IDEA - Discretionary 2018 Beginning Fall 2018 One-Time One-Time 0 1,500,000 0 0 0 0 0 0 0 0 0 0 0 1,500,000 Professional Development Best Practices IDEA - Discretionary Beginning Fall 2018 One-Time 200,000 0 0 0 0 0 200,000 Call Center IDEA - Discretionary Beginning September 2018 Ongoing 682,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,682,000 Online Resource Document Development Ongoing Stakeholder Engagement IDEA - Discretionary IDEA - Discretionary Beginning Spring 2019 Beginning Fall 2018 Ongoing One-Time 0 250,000 2,000,000 1,500,000 500,000 250,000 500,000 0 500,000 0 500,000 0 4,000,000 2,000,000 IDEA - Discretionary Beginning Fall 2018 Ongoing 100,000 100,000 100,000 100,000 100,000 100,000 600,000 41 This document is submitted in draft form for discussion purposes only and is subject to change before final release. 15,000,000 15,000,000 15,000,000 15,000,000 15,000,000 15,000,000 90,000,000 TOTAL 211,282,000 TOTAL IDEA ADMIN 24,800,000 TOTAL IDEA DISCRETIONARY 121,482,000 TOTAL IDEA OTHER 65,000,000 45 APPENDIX E: Survey Analysis 46 FEBRUARY 2018 SPECIAL EDUCATION DRAFT CORRECTIVE ACTION PLAN ONLINE SURVEY RESULTS TEXAS EDUCATION AGENCY Contents ........................................................................................................................................................ 1 List of Figures/Tables .................................................................................................................................... 1 Introduction .................................................................................................................................................. 2 Survey Design ................................................................................................................................................ 2 Survey Administration .................................................................................................................................. 2 Survey Findings ............................................................................................................................................. 2 Who Took the Survey? .............................................................................................................................. 2 Geographic Representation ...................................................................................................................... 3 Feedback on the Draft Corrective Action Plan.......................................................................................... 5 Corrective Action One ........................................................................................................................... 5 Corrective Action Two........................................................................................................................... 8 Corrective Action Three ...................................................................................................................... 10 Corrective Action Four ........................................................................................................................ 14 Appendices.................................................................................................................................................. 16 English Language Survey Protocol .......................................................................................................... 16 Spanish Language Survey Protocol ......................................................................................................... 30 LIST OF FIGURES/TABLES Figure 1. Respondents by Role...................................................................................................................... 3 Figure 2. Respondents by Education Service Center .................................................................................... 4 Figure 3. Percentage of Respondents in Support of On-site Monitoring by TEA ......................................... 5 Figure 4. Frequency of On-site Monitoring Visits ......................................................................................... 6 Figure 5. Response to Specific Components of On-site Monitoring ............................................................. 7 Figure 6. Percentage of Respondents in Support of Compensatory Funds .................................................. 8 Figure 7. Responses to TEA Creating a Third-Party Review Panel ................................................................ 9 Figure 8. Percentage of Respondents Agreeing to Specific Elements ........................................................ 11 Figure 9. Support for Method of Resource Distribution ............................................................................. 12 Figure 10. Support for Improving State Infrastructure ............................................................................... 13 Figure 11. Percentage of Respondents in Support of the Creation of an Escalation Team ........................ 14 Figure 12. Support for Escalation Team Types of Assistance ..................................................................... 15 Special Educa�on Correc�ve Ac�on Plan Online Survey Results 1 INTRODUCTION In response to the U.S. Department of Education (USDE), the Texas Education Agency (TEA) drafted a corrective action plan focused on four corrective actions cited by the USDE. TEA solicited feedback on the draft corrective action plan from members of the educational community, advocacy groups, and the public through focused meetings, listening sessions, a publicly available online survey, and comments submitted via email. This report presents findings from the online surveys (English and Spanish language versions) in response to the initial draft of the corrective action plan. SURVEY FINDINGS The following results are based on a total of 7,094 survey responses recorded by the survey system at the close of the survey (midnight on Tuesday, February 20, 2018). 1 WHO TOOK THE SURVEY? Survey respondents currently live in Texas (99.7%) and are White (90.3%), Black or African American (7.4%), Asian (2.4%), American Indian or Alaska Native (3.1%), Native Hawaiian or Other Pacific Islander (0.6%). 81 percent are not of Hispanic, Latino, or Spanish origin while 1 SURVEY DESIGN The survey contained a total of 29 questions. Nine of the questions were related to demographics collected to report on respondent characteristics (location, role, race/ethnicity, home language). Of the remaining 20 questions, 15 provided answer choices for respondents to select from or rate and five were open-ended to solicit suggestions for additional actions. Responses to open-ended comments are under review by TEA and are expected to be provided at a later date. The survey was administered in English and Spanish. The two versions were identical in terms of question focus and format. The only difference between the two surveys was in the language used to present questions and responses. The term survey will be used throughout the report in reference to both versions. Copies of both survey protocols (English and Spanish) are presented as appendices to this report. SURVEY ADMINISTRATION The survey was available via an online link posted on the Special Education section of the TEA website from Tuesday, January 23, 2018, through midnight on Tuesday, February 20, 2018. In addition, the survey link was shared via press releases, newspaper articles, and through advocacy groups, education service centers, and school districts. The total number of responses received per question varied across the survey and is noted on each figure. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 2 19 percent are Hispanic or Latino. A total of 767 public independent school districts and charters were represented among respondents. Respondents were asked to describe themselves by choosing as many roles as applied. Of the 6,932 respondents who chose to answer this question, 4,714 (68%) indicated a single role, 1,389 (20%) selected two roles, and 829 (12%) selected three or more roles. Results are shown in Figure 1. Parent or guardian 29% Parent of a child with a disability 21% Special education teacher 21% Diagnostician or other assessment professional 21% Other (Please describe) 17% General education teacher 14% Special education director 6% Principal 6% General public 5% Member of advocacy group 3% Superintendent 2% Student 1% School board member 0% Elected official 0% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% FIGURE 1. RESPONDENTS BY ROLE NOTES: Overall N = 6,932. Survey item is presented with a “select all that apply” option and will total greater than 100 percent. Respondents selecting “Other” included roles such as Educational Service Center personnel; behavior, dyslexia, and language therapists; grandparents; and other district-level staff. GEOGRAPHIC REPRESENTATION Texas is divided into 20 regions; each one has an education service center (ESC) to serve school districts in the area. People across all 20 education service center regions responded to Special Educa�on Correc�ve Ac�on Plan Online Survey Results 3 the survey (N = 5,803). The largest percentages of respondents indicated they were in ESC 4 (15%), ESC 10 (15%), ESC 11 (15%), ESC 13 (10%), or ESC 20 (13%), which reflect the largest population centers in the state. Figure 2 shows the percentage of responses from each of the 20 regions. ESC 01 - Edinburg 3% ESC 02 - Corpus Christi 3% ESC 03 - Victoria 2% ESC 04 - Houston 15% ESC 05 - Beaumont 6% ESC 06 - Hunstville 2% ESC 07 - Kilgore 4% ESC 08 - Mount Pleasant 2% ESC 09 - Wichita Falls 2% ESC 10 - Richardson 15% ESC 11 - Fort Worth 15% ESC 12 - Waco 3% ESC 13 - Austin 10% ESC 14 - Abilene 1% ESC 15 - San Angelo 1% ESC 16 - Amarillo 2% ESC 17 - Lubbock 1% ESC 18 - Midland 1% ESC 19 - El Paso 2% ESC 20 - San Antonio 10% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% FIGURE 2. RESPONDENTS BY EDUCATION SERVICE CENTER NOTE: Overall N = 5,803. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 4 FEEDBACK ON THE DRAFT CORRECTIVE ACTION PLAN Respondents were asked to provide feedback on TEA’s preliminary response to each of the four corrective actions, as outlined in the draft plan, and were asked to review TEA’s draft plan prior to completing the survey. Information about each corrective action is provided in sidebars alongside respondents’ responses. It is important to note that the proposed corrective action plan components presented in this report are from the initial draft plan and are subject to change in later versions of the corrective action plan in response to public feedback. CORRECTIVE ACTION ONE On-site Monitoring Corrective Action One Documentation that the State’s system of general supervision requires that each ISD 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 Individuals with Disability Education Act (IDEA) and its implementing regulation at 34 CFR § 300.111, and makes FAPE (free appropriate public education) available to all eligible children with disabilities in accordance with Section 612(a)(1) of the IDEA and its implementing regulation at 34 CFR § 300.101. A total of 6,632 people responded to the question about conducting on-site monitoring. As shown in Figure 3, most people (68%) agreed that TEA should conduct on-site monitoring of special education services provided by districts in response to Corrective Action One while 32 percent did not agree. No 32% Yes 68% FIGURE 3. RESPONDENTS IN SUPPORT OF ON-SITE MONITORING BY TEA NOTE: Overall N = 6,632. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 5 Frequency of On-site Monitoring The draft corrective action plan includes TEA conducting on-site monitoring visits to each district every six years. Of the 4,342 responses to this question, the majority of responses show that stakeholders believe monitoring should happen on a more frequent basis (every two years (52%) or every two to four years (32%)). Figure 4 shows the results for responses to each of four time span frequencies presented on the survey. At least every two years 52% Every two to four years 32% Every five to seven years 13% Every eight to ten years 2% 0% 20% 40% 60% 80% 100% FIGURE 4. FREQUENCY OF ON-SITE MONITORING VISITS NOTE: Overall N = 4,342. Components of On-site Monitoring Respondents agreed that TEA’s on-site monitoring plans should include unrestricted access to specific components. In terms of the different components, most people agreed or strongly agreed that each should be included in the on-site monitoring visits. The number and percentage of responses in agreement (agree and strongly agree combined) with each component are as follows: Classroom observations (overall N = 4,349; 81% agreement); Confidential parent/guardian interviews (overall N = 4,344; 77% agreement); Confidential student interviews (overall N = 4,335; 66%); Ability to collect and review all relevant district records (4,343; 94%); Ability to collect and review all relevant student records (overall N = 4,346; 92%). Results are shown in Figure 5. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 6 34% Classroom observations 47% 12% 8% 31% Confidential parent/guardian interviews 7% 46% 16% 23% Confidential student interviews 10% 43% 24% 42% Ability to collect and review all relevant district records 3% 4% 39% Ability to collect and review all relevant student records 4% 4% 0% Strongly Agree Agree 20% Disagree 40% 52% 53% 60% 80% 100% Strongly Disagree FIGURE 5. AGREEMENT WITH SPECIFIC COMPONENTS OF ON-SITE MONITORING NOTE: Range of overall Ns = 4,335–4,349 respondents. Respondent Sugges�ons on Correc�ve Ac�on One Approximately 2,170 open-ended responses related to Corrective Action One were received. The suggestions are currently under review by TEA. Additional information about this section of the survey will be available at a later date. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 7 CORRECTIVE ACTION TWO Compensatory Service Funding Most people agreed that TEA should set up funds to help districts provide compensatory special education services to students who previously did not receive such services and would have benefited. Of the 6,216 responses, 81 percent indicated “yes” and 19 percent said “no” when asked, “Do you agree that TEA should set up funds to help districts provide compensatory special education services to students who previously did not receive such services and would have benefited?”. Corrective Action Two A plan and timeline by which TEA will ensure that each independent school district (ISD) will (i) identify, locate, and evaluate children enrolled in the ISD who should have been referred for an initial evaluation under the IDEA, and (ii) require Individualized Education Program Teams to 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. No 19% Yes 81% FIGURE 6. RESPONDENTS IN SUPPORT OF SETTING UP COMPENSATORY SERVICE FUNDING NOTE: Overall N = 6,216. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 8 Third-party Review Panel Respondents also agreed that there would be value in TEA setting up a third-party review panel to assist in instances where districts and parents/guardians do not agree on compensatory services. Of the 6,187 responses received, 71 percent agreed or strongly agreed when asked, “To what extent do you agree there would be value in TEA setting up a third-party review panel to assist in instances where districts and parents/guardians do not agree on compensatory services?”. Strongly Agree 22% Agree 49% Disagree 17% Strongly Disagree 13% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% FIGURE 7. AGREEMENT WITH TEA CREATING A THIRD-PARTY REVIEW PANEL FOR COMPENSATION SERVICE DISAGREEMENTS NOTE: Overall N = 6,187. Respondent Sugges�ons on Correc�ve Ac�on Two Approximately 1,840 open-ended responses related to Corrective Action Two were received. The suggestions are currently under review by TEA. Additional information about this section of the survey will be available at a later date. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 9 CORRECTIVE ACTION THREE Respondents were largely in agreement with TEA’s plan to include specific elements to address Corrective Action Three. In terms of the four different components, most people agreed or strongly agreed that each component should be included in the corrective action plan. The number responding to each of the four components and percentage of responses in agreement (agree and strongly agree combined) with the inclusion of each component are as follows. • • • • Corrective Action Three A plan and timeline by which TEA will provide guidance to independent school district (ISD) staff in the State, including all general and special education teachers, necessary to ensure that ISDs (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 (Individuals with Disabilities Education Act); (ii) are provided information to share with the parents for 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 program; and (iii) disseminate such information to staff and the parent of children suspected of having a disability enrolled in the ISD’s schools, consistent with CFR § 300.503(c). Resources that describe the differences among RtI, the State dyslexia program, Section 504, and Individuals with Disabilities Education (IDEA) to be shared with the parents/guardians of children suspected of having a disability (overall N = 6,012; 93 percent agreement) Revision of the Texas Dyslexia Handbook to better clarify that special education may be an appropriate setting for many students with dyslexia (overall N = 5,993; 78 percent agreement) Improve state infrastructure to provide parents/guardians with information related to special education (overall N = 5,997; 86 percent agreement) Statewide professional development for all educators (general education, special education, specialists, and others) to address inclusive practices, identification support, and instructional techniques. Participants will be required to demonstrate content proficiency and effective implementation before being noted as having participated in the full program (overall N = 6,012; 84 percent agreement). Results are shown in Figure 8. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 10 Resources that describe the differences among RtI, the State dyslexia program, Section 504, and IDEA to be shared with the parents/guardians of children suspected of having a disability. 3% 4% 35% Revision of the Texas Dyslexia Handbook to better clarify that special education may be an appropriate setting for many students with dyslexia. 8% 14% 43% 39% Improve state infrastructure to provide parents/guardians with information related to special education. 5% Statewide professional development for all educators (general education, special education, specialists, and others) to address inclusive practices, identification support, and instructional techniques... 9% Agree 47% 33% 9% 7% 0% Strongly Agree 49% 44% 20% Disagree 40% 51% 60% 80% Strongly Disagree FIGURE 8. RESPONDENTS IN AGREEMENT WITH THE INCLUSION OF SPECIFIC ELEMENTS NOTE: Range of overall Ns = 5,993–6,012 respondents. Resource Distribution As a follow-up question, respondents who agreed or strongly agreed that Corrective Action Three should include “resources that describe the differences among RtI, the State dyslexia program, Section 504, and Individuals with Disabilities Education Act to be shared with the parents/guardians of children suspected of having a disability” were asked to weigh in on several ways of making those resources available (overall N = 5,526). People indicated such resources should be made available via a website (87 percent), in hard copy and distributed by schools (74 percent), and through social media (44 percent). Results are shown in Figure 9. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 11 100% Website 87% In hard copy and distributed by schools 74% Social media 44% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% FIGURE 9. SUPPORT FOR METHOD OF RESOURCE DISTRIBUTION NOTE: Overall N = 5,526 respondents. This question was asked only of respondents who agreed or strongly agreed that Corrective Action Three should include “resources that describe the differences among RtI, the State dyslexia program, Section 504, and IDEA to be shared with the parents/guardians of children suspected of having a disability”. Survey item is presented with a “select all that apply” option and will total greater than 100 percent. State Infrastructure for Information Related to Special Education Similarly, a follow-up question was asked of those respondents who agreed or strongly agreed that Corrective Action Three should include “improving state infrastructure to provide parents/guardians with information related to special education”. Respondents were asked about specific ways to improve the state infrastructure to meet this goal (overall N = 5,063). Survey results showed similar percentages of responses in favor of face-to-face training opportunities (67 percent) and establishing an online repository of parent/guardian-focused materials and self-guided training (70 percent). Fewer responses (56 percent) showed support for the enhancement and expansion of a statewide call center to allow for a higher level of individualized customer service and provide a single point of contact for parents/guardians requiring assistance navigating the special education evaluation process, particularly as it relates to RtI. Results are shown in Figure 10. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 12 Face-to-face training opportunities 67% Online repository of parent/guardian-focused materials and self-guided training 70% Enhancement and expansion of a statewide call center to allow for a higher level of individualized customer service and provide a single point of contact for parents/guardians... 56% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% FIGURE 10. SUPPORT FOR TYPES OF ASSISTANCE TO IMPROVE STATE INFRASTRUCTURE NOTE: Overall N = 5,063 respondents. This question was asked only of respondents who agreed or strongly agreed that Corrective Action Three should include “improving state infrastructure to provide parents/guardians with information related to special education”. Survey item is presented with a “select all that apply” option and will total greater than 100 percent. Respondent Suggestions on Corrective Action Three Approximately 1,450 open-ended responses related to Corrective Action Three were received. The responses are currently under review by TEA. Additional information about this section of the survey will be available at a later date. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 13 Corrective Action Four CORRECTIVE ACTION FOUR A plan and timeline by which TEA will monitor Independent School Districts’ implementation of the Individuals with Disabilities Education Act (IDEA) requirements described above when 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. The majority of respondents agreed that a proposed escalation team should be included in the plan to address Corrective Action Four. Of the 5,806 responses, 71 percent agreed or strongly agreed to this question and 30 percent disagreed or strongly disagreed. Results are shown in Figure 11. Strongly agree 20% Agree 51% Disagree 19% Strongly Disagree 11% 0% 20% 40% 60% 80% 100% FIGURE 11. RESPONDENTS IN SUPPORT OF THE CREATION OF AN ESCALATION TEAM NOTE: Overall N = 5,806. Escalation Team Support When asked what types of support the proposed escalation team should offer, of the 5,123 responses received for this question, almost equal support was shown for assistance in planning to address findings (68 percent), connections to community resources (64 percent), and technical assistance (63 percent). A smaller percentage indicated support for offering connections to advocacy groups (45 percent). Results are shown in Figure 12. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 14 Technical assistance 63% Assistance in planning to address findings 68% Connections to advocacy groups 45% Connections to community resources 64% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% FIGURE 12. SUPPORT FOR TYPES OF ASSISTANCE OFFERED BY ESCALATION TEAM NOTE: Overall N = 5,123. Survey item is presented with a “select all that apply” option and will total greater than 100%. Respondent Suggestions on Corrective Action Four Approximately 1,110 open-ended responses related to Corrective Action Four were received. The responses are currently under review by TEA. Additional information about this section of the survey will be available at a later date. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 15 APPENDICES ENGLISH LANGUAGE SURVEY PROTOCOL Survey on US Department of Education Corrective Action Plan—English Language Question 1 Why am I receiving this survey invitation? In response to the U.S. Department of Education, the Texas Education Agency (TEA) has drafted a corrective action plan to address concerns as they relate to the issues identified in the final monitoring report on special education. TEA is committed to including significant stakeholder engagement in this process. One of the ways TEA is soliciting feedback on the draft corrective action plan is through this brief, publicly-available online survey. In their report of findings, the U.S. Department of Education listed four separate corrective actions. This survey contains an individual section for each of those corrective actions. Please respond to the questions based on the description of each corrective action and components of TEA’s proposed plan. IMPORTANT: In order to understand and respond to the questions on this survey, you must have read TEA’s proposed corrective action plan on TEA's website. Please review the plan before beginning this survey. The survey will take approximately 15 to 20 minutes to complete; you will not be able to save your responses and return to the survey at a later time. Please read each question carefully and review all choices before making your selections. The survey must be completed in a single session. Why should I participate? This survey is designed to solicit feedback on the draft corrective action plan proposed by TEA. Your participation is voluntary and information from this survey will help to serve the larger school community in Texas. Who can I contact for questions or support in completing the survey? If you experience technical issues during completion of the survey, please direct your questions to ProgramEvaluation@tea.texas.gov Are my responses confidential? Yes. Your identity and the information you share is completely confidential, to the extent permitted by law. Survey results will be aggregated in all reports prepared Special Educa�on Correc�ve Ac�on Plan Online Survey Results 16 for TEA. However, responses to the survey may be subject to public information requests in accordance with the Public Information Act (Texas Government Code, Chapter 552); please do not include your name, names of other individuals, or any other identifying information on this survey. By clicking on the "Agree" button below and taking the survey, you consent to let the evaluation team use your responses and comments anonymously in survey reports prepared for TEA. Statement of Consent If you agree to participate in the survey, click on the “Agree” button below. o Agree Special Educa�on Correc�ve Ac�on Plan Online Survey Results 17 Question 2 Do you currently live in the state of Texas? o Yes o No Question 3 Please select from the following list the role(s) that describes you. (Select all that apply.) ▢ ▢ ▢ ▢ ▢ ▢ ▢ ▢ ▢ ▢ ▢ ▢ ▢ ▢ Parent or guardian Parent of a child with a disability Student Special education director Special education teacher General education teacher Diagnostician or other assessment professional Superintendent Principal Member of advocacy group School board member Elected official General public Other (Please describe) ________________________________________________ Special Educa�on Correc�ve Ac�on Plan Online Survey Results 18 Display This Question: If Do you currently live in the state of Texas? = Yes Question 4 School districts in Texas belong to one of twenty regional education service centers (ESC). If you are unsure of your region, please choose “Unsure.” o I am unsure of my ESC region o I know my ESC Region Display This Question: If School districts in Texas belong to one of twenty regional education service centers (ESC). If yo... = I know my ESC Region Question 5 Please select your region and district from the list below. (optional) Display This Question: If School districts in Texas belong to one of twenty regional education service centers (ESC). If yo... = I am unsure of my ESC region Question 6 Please select your district from the list below. (optional) Question 7 Please enter your 5-digit ZIP code (optional) Question 8 Corrective Action One Federal corrective action: Documentation that the State’s system of general supervision requires that each ISD 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 IDEA and its implementing regulation at 34 CFR § 300.111, and makes FAPE available to all eligible Special Educa�on Correc�ve Ac�on Plan Online Survey Results 19 children with disabilities in accordance with section 612(a)(1) of the IDEA and its implementing regulation at 34 CFR §300.101. Question 9 Do you agree that TEA should conduct on-site monitoring of special education services provided by districts in response to Corrective Action One? o Yes o No Skip To: Q12 If Do you agree that TEA should conduct on-site monitoring of special education services provided by... = No Question 10 How often should TEA conduct these on-site monitoring visits? o At least every two years o Every two to four years o Every five to seven years o Every eight to ten years Special Educa�on Correc�ve Ac�on Plan Online Survey Results 20 Question 11 To what extent do you agree that TEA’s monitoring plans should include unrestricted access to each of the following components: Strongly Disagree Disagree Agree Strongly Agree a. Classroom observations o o o o b. Confidential parent/guardian interviews o o o o c. Confidential student interviews o o o o d. Ability to collect and review all relevant district records o o o o e. Ability to collect and review all relevant student records o o o o Question 12 If you have specific suggestions for additional ways that TEA could address Corrective Action One, please tell us about them here. (250 character limit) Question 13 Corrective Action Two A plan and timeline by which TEA will ensure that each ISD will (i) identify, locate, and evaluate children enrolled in the ISD 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 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. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 21 Question 14 Do you agree that TEA should set up funds to help districts provide compensatory special education services to students who previously did not receive such services and would have benefited? o Yes o No Question 15 To what extent do you agree there would be value in TEA setting up a third-party review panel to assist in instances where districts and parents/guardians do not agree on compensatory services? o Strongly Disagree o Disagree o Agree o Strongly Agree Question 16 Please indicate if you agree that the priority for targeting compensatory services should be given to students from the following groups. (Select each that you agree should be included.) ▢ ▢ ▢ ▢ Students who were in Response to Intervention (RtI) for extended periods of time Students who received services under a Section 504 plan Students who were served in a general education dyslexia or dyslexia-related program Other Display This Question: If Please indicate if you agree that the priority for targeting compensatory services should be give... = Other Special Educa�on Correc�ve Ac�on Plan Online Survey Results 22 Question 17 What specific student group(s) should be prioritized? (250 character limit) Question 18 If you have specific suggestions for additional ways that TEA could address Corrective Action Two, please tell us about them here. (250 character limit) Question 19 Corrective Action Three A plan and timeline by which TEA will provide guidance to ISD staff in the State, including all general and special education teachers, necessary to ensure that ISDs (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 (Individuals with Disabilities Education Act); (ii) are provided information to share with the parents for 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 program; and (iii) disseminate such information to Special Educa�on Correc�ve Ac�on Plan Online Survey Results 23 staff and the parent of children suspected of having a disability enrolled in the ISDs schools, consistent with CFR §300.503(c). Question 20 Select the extent to which you agree with the following statements. following elements in the corrective action plan: It is important to include the Special Educa�on Correc�ve Ac�on Plan Online Survey Results 24 Strongly Disagree Disagree Agree Strongly Agree a. Resources that describe the differences among RtI, the State dyslexia program, Section 504, and IDEA to be shared with the parents/guardians of children suspected of having a disability. o o o o b. Revision of the Texas Dyslexia Handbook to better clarify that special education may be an appropriate setting for many students with dyslexia. o o o o c. Improve state infrastructure to provide parents/guardians with information related to special education. o o o o Special Educa�on Correc�ve Ac�on Plan Online Survey Results 25 d. Statewide professional development for all educators (general education, special education, specialists, and others) to address inclusive practices, identification support, and instructional techniques. Participants will be required to demonstrate content proficiency and effective implementation before being noted as having participated in the full program. o o o o Display This Question: If Select the extent to which you agree with the following statements. It is important to include... = a. Resources that describe the differences among RtI, the State dyslexia program, Section 504, and IDEA to be shared with the parents/guardians of children suspected of having a disability. [ Agree ] Or Select the extent to which you agree with the following statements. It is important to include... = a. Resources that describe the differences among RtI, the State dyslexia program, Section 504, and IDEA to be shared with the parents/guardians of children suspected of having a disability. [ Strongly Agree ] Question 21 You indicated that you "agree" or "strongly agree" that resources that describe the differences among RtI, the State dyslexia program, Section 504, and IDEA to be shared with the parents/guardians of children suspected of having a disability is an important element to include in the corrective action plan. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 26 In what ways should these resources be made available? (select all that apply) ▢ ▢ ▢ Website In hard copy and distributed by schools Social media Display This Question: If Select the extent to which you agree with the following statements. It is important to include... = c. Improve state infrastructure to provide parents/guardians with information related to special education. [ Agree ] Or Select the extent to which you agree with the following statements. It is important to include... = c. Improve state infrastructure to provide parents/guardians with information related to special education. [ Strongly Agree ] Question 22 You indicated that you "agree" or "strongly agree" that improving state infrastructure to provide parents/guardians with information related to special education is an important element to include in the corrective action plan. What specific types of technical assistance would you like to be considered? (select all that apply) ▢ Enhancement and expansion of a statewide call center to allow for a higher level of individualized customer service and provide a single point of contact for parents/guardians requiring assistance navigating the special education evaluation process, particularly as it relates to RtI ▢ ▢ Online repository of parent/guardian-focused materials and self-guided training Face-to-face learning opportunities Question 23 If you have specific suggestions for additional ways that TEA could address Corrective Action Three, please tell us about them here. (250 character limit) Special Educa�on Correc�ve Ac�on Plan Online Survey Results 27 Question 24 Corrective Action Four A plan and timeline by which TEA will monitor ISDs’ implementation of the IDEA requirements described above when 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. Question 25 To what extent do you agree that the proposed escalation team should be included in the plan to address Corrective Action Four? o Strongly Disagree o Disagree o Agree o Strongly agree Question 26 What types of support would you want this group to offer? (select all that apply) ▢ ▢ ▢ ▢ Technical assistance Assistance in planning to address findings Connections to advocacy groups Connections to community resources Question 27 If you have specific suggestions for additional ways that TEA could address corrective action four, please tell us about them here. (250 character limit) Special Educa�on Correc�ve Ac�on Plan Online Survey Results 28 Question 28 What is your race? (Select ALL that apply) ▢ ▢ ▢ ▢ ▢ American Indian or Alaska Native Asian Black or African American Native Hawaiian or Other Pacific Islander White Question 29 Are you Hispanic/Latino? (Please select only one) o No, not of Hispanic, Latino, or Spanish origin o Yes Question 30 What is the language you use most often at home? (Please select only one) Question 31 Thank you! You have reached the end of the survey. Please click on the right arrow below to submit and record your answers. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 29 SPANISH LANGUAGE SURVEY PROTOCOL Encuesta sobre el plan de medidas correctivas del Departamento de Educación de los Estados Unidos Question 1 ¿Por qué recibo esta invitación a la encuesta? En respuesta al Departamento de Educación de los Estados Unidos, la Agencia de Educación de Texas (TEA, Texas Education Agency) ha redactado un plan de medidas correctivas para abordar las preocupaciones relacionadas con los problemas identificados en el informe de supervisión final sobre educación especial. La TEA se compromete a incluir una participación significativa de las partes interesadas en este proceso. Una de las formas en que la TEA solicita comentarios sobre el borrador del plan de medidas correctivas es a través de esta breve encuesta en línea disponible de manera pública. En su informe de hallazgos, el Departamento de Educación de los Estados Unidos enumeró cuatro medidas correctivas por separado. Esta encuesta contiene una sección individual para cada una de dichas medidas correctivas. Responda las preguntas según la descripción de cada medida correctiva y los componentes del plan propuesto por la TEA. IMPORTANTE: Para entender y responder las preguntas de esta encuesta, debe haber leído el plan de medidas correctivas propuesto por la TEA. Revise el plan antes de comenzar esta encuesta. La tomará aproximadamente de 15 a 20 minutos para completar la encuesta; no podrá guardar sus respuestas y regresar a la encuesta en otro momento. Lea detenidamente cada pregunta y revise todas las opciones antes de realizar su selección. La encuesta debe completarse en una sola sesión. ¿Por qué debería participar? Esta encuesta está diseñada para solicitar comentarios sobre el borrador del plan de medidas correctivas propuesto por la TEA. Su participación es voluntaria, y la información de esta encuesta ayudará a servir a la comunidad escolar más grande de Texas. ¿Con quién me puedo comunicar si tengo preguntas o necesito ayuda para completar la encuesta? Si experimenta problemas técnicos al completar la encuesta, envíe sus preguntas a ProgramEvaluation@tea.texas.gov. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 30 ¿Mis respuestas son confidenciales? Sí. Su identidad y la información que comparte son completamente confidenciales, en la medida que la ley lo permita. Los resultados de la encuesta se recogerán en todos los informes preparados para la TEA. Sin embargo, las respuestas a la encuesta pueden estar sujetas a solicitudes de información pública de conformidad con la Ley de información pública. Código de Gobierno de Texas, Capítulo 552; no incluya su nombre, nombres de otras personas o cualquier otra información de identificación en esta encuesta. Al hacer clic en el botón “De Acuerdo” y responder la encuesta, acepta que el equipo de evaluación use sus respuestas y comentarios de forma anónima en los informes de encuestas preparados por la TEA. Declaración de consentimiento Si acepta participar en la encuesta, haga clic en el botón “De Acuerdo” a continuación. o De Acuerdo Question 2 ¿Actualmente vive en el estado de Texas? o Sí o No Special Educa�on Correc�ve Ac�on Plan Online Survey Results 31 Question 3 Seleccione de la siguiente lista las funciones que lo describen. (Seleccione todas las que correspondan.) ▢ ▢ ▢ ▢ ▢ ▢ ▢ ▢ ▢ ▢ ▢ ▢ ▢ ▢ Padre o tutor Padre o tutor de un niño con una discapacidad Estudiante Director(a) de educación especial Maestro(a) de educación especial Maestro(a) de educación general Especialista en diagnóstico u otro profesional de evaluación Superintendente Director(a) de escuela Miembro del grupo de defensa Miembro del consejo escolar Funcionario electo Miembro del público Otro (Sírvase describir) ________________________________________________ Display This Question: If Q2 = Sí Special Educa�on Correc�ve Ac�on Plan Online Survey Results 32 Question 4 Los distritos escolares en Texas pertenecen a uno de los veinte centros regionales de servicios educativos (ESC). Si no está seguro de su región, elija “No estoy seguro”. o No estoy seguro o Conzco mi region de sevicio educativo (ESC) Display This Question: If Q4 = Conzco mi region de sevicio educativo (ESC) Question 5 Seleccione su region y distrito de la siguiente lista. (opcional) Display This Question: If Q4 = No estoy seguro Question 6 Seleccione su distrito de la siguiente lista. (opcional) Question 7 Introduzca su código postal de 5 dígitos. (opcional) Question 8 Medida correctiva uno Medida correctiva federal: Documentación de que el sistema estatal de supervisión general requiere que cada distrito escolar independiente (ISD, por sus siglas en inglés) identifique, localice y evalúe a todos los niños de los que se presuma que tienen una discapacidad, y que necesiten educación especial y servicios relacionados, de conformidad con la Sección 612(a) (3) de la IDEA y su reglamento de implementación en 34 CFR § 300.111, y hace que una educación pública, apropiada y gratuita (FAPE) esté disponible para todos los niños elegibles con discapacidades de acuerdo con la sección 612(a) (1) de la IDEA y su reglamento de implementación en 34 CFR §300.101. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 33 Question 9 ¿Está de acuerdo con que la TEA deba realizar un monitoreo en el sitio de los servicios de educación especial provistos por los distritos en respuesta a la medida correctiva uno? o Sí o No Skip To: Q12 If Q9 = No Question 10 ¿Con qué frecuencia la TEA debe llevar a cabo estas visitas de monitoreo en el sitio? o Por lo menos cada dos años o Cada dos o cuatro años o Cada cinco o siete años o Cada ocho o diez años Special Educa�on Correc�ve Ac�on Plan Online Survey Results 34 Question 11 ¿En qué medida está de acuerdo con que los planes de monitoreo de la TEA deban incluir acceso sin restricciones a cada uno de los siguientes componentes? Muy en desacuerdo En desacuerdo De acuerdo Muy de acuerdo a. Observaciones en el aula o o o o b. Entrevistas confidenciales con los padres/tutores o o o o c. Entrevistas confidenciales con los estudiantes o o o o d. Capacidad de recopilar y revisar todos los registros pertinentes del distrito o o o o e. Capacidad de recopilar y revisar todos los registros estudiantiles pertinentes o o o o Question 12 Si tiene sugerencias específicas sobre formas adicionales en que la TEA podría abordar la medida correctiva uno, cuéntenos sobre ellas aquí. (Limitada a 250 caracteres.) Question 13 Medida correctiva dos Un plan y calendario mediante los cuales la TEA garantice que cada ISD (i) identificará, ubicará y evaluará a los niños inscritos en el ISD que deberían haber sido derivados a una evaluación inicial según la IDEA, y (ii) exija que los equipos de IEP consideren, individualmente, si se necesitan servicios adicionales para niños de los que anteriormente se presumía que tenían una discapacidad, que deberían haber sido derivados a una evaluación inicial y que luego se les consideró Special Educa�on Correc�ve Ac�on Plan Online Survey Results 35 elegibles para educación especial y servicios relacionados según la IDEA, teniendo en cuenta los apoyos y servicios que se brindaron previamente al niño Question 14 ¿Está de acuerdo con que la TEA deba establecer fondos para ayudar a los distritos a proporcionar servicios compensatorios de educación especial a estudiantes que anteriormente no recibieron dichos servicios y que se hubieran beneficiado? o Sí o No Question 15 ¿En qué medida está de acuerdo con que la TEA establezca un panel de revisión de terceros para ayudar en casos en que los distritos y los padres/tutores no estén de acuerdo con los servicios compensatorios? o Muy en desacuerdo o En desacuerdo o De acuerdo o Muy de acuerdo Special Educa�on Correc�ve Ac�on Plan Online Survey Results 36 Question 16 Indique si está de acuerdo con que la prioridad para orientar los servicios compensatorios debe asignarse a estudiantes de los siguientes grupos. (Seleccione todos los que esta de acuerdo que deben ser incluidos.) ▢ ▢ ▢ Estudiantes que estuvieron en Respuesta a la Intervención (RtI) durante largos períodos Estudiantes que recibieron servicios bajo un plan de la Sección 504 Estudiantes que fueron atendidos en un programa de dislexia de educación general o dislexia relacionada ▢ Otro Display This Question: If Q16 = Otro Question 17 ¿Qué grupo(s) de estudiantes específico(s) deberían ser priorizados? (Limitada a 250 caracteres.) Question 18 Si tiene sugerencias específicas sobre formas adicionales en que la TEA podría abordar la medida correctiva dos, cuéntenos sobre ellas aquí. (Limitada a 250 caracteres.) Question 19 Medida correctiva tres Un plan y calendario mediante los cuales la TEA proporcionará orientación al personal de ISD en el estado, incluidos todos los maestros de educación general y especial, necesarios para garantizar que los ISD (i) aseguren apoyos provistos a los estudiantes con dificultades en el entorno de educación general a través de RtI, Sección 504, y que el programa de dislexia del estado no se use para retrasar o denegar el derecho del niño a una evaluación inicial de educación especial y servicios relacionados bajo la Ley de Educación para Individuos con Discapacidades (IDEA, Individuals with Disabilities Education Act); (ii) reciban información para compartir con los padres sobre niños de los que se presume que tienen una discapacidad que describe las diferencias entre RtI, el programa estatal de dislexia, la Sección 504 e IDEA, incluyendo cómo y cuándo el personal escolar y los padres de niños de los que se presume que tienen una discapacidad pueden solicitar intervenciones y/o servicios bajo este programa; y (iii) divulguen dicha información al personal y al padre de los niños de Special Educa�on Correc�ve Ac�on Plan Online Survey Results 37 los que se presume que tienen una discapacidad inscritos en las escuelas del ISD, de conformidad con CFR §300.503(c). Special Educa�on Correc�ve Ac�on Plan Online Survey Results 38 Question 20 Seleccione la medida en que está de acuerdo con las siguientes afirmaciones. Es importante incluir los siguientes elementos en el plan de medidas correctivas: Special Educa�on Correc�ve Ac�on Plan Online Survey Results 39 Muy en desacuerdo En desacuerdo De acuerdo Muy de acuerdo a. Compartir recursos que describan las diferencias entre RtI, el programa estatal de dislexia, la Sección 504 e IDEA con los padres/tutores de niños de los que se presume que tienen una discapacidad. o o o o b. Revisión del Manual de Dislexia de Texas para aclarar mejor que la educación especial puede ser un entorno apropiado para muchos estudiantes con dislexia. o o o o c. Mejorar la infraestructura estatal para proporcionar a los padres/tutores información relacionada con la educación especial. o o o o Special Educa�on Correc�ve Ac�on Plan Online Survey Results 40 d. Desarrollo profesional a nivel estatal para todos los educadores (educación general, educación especial, especialistas y otros) para abordar prácticas inclusivas, apoyo de identificación y técnicas de instrucción. Se requerirá que los participantes demuestren competencia en el contenido e implementación eficaz antes de ser anotados como participantes del programa completo. o o o o Display This Question: If Q20 = a. Compartir recursos que describan las diferencias entre RtI, el programa estatal de dislexia, la Sección 504 e IDEA con los padres/tutores de niños de los que se presume que tienen una discapacidad. [ De acuerdo ] Or Q20 = a. Compartir recursos que describan las diferencias entre RtI, el programa estatal de dislexia, la Sección 504 e IDEA con los padres/tutores de niños de los que se presume que tienen una discapacidad. [ Strongly Agree ] Question 21 Estaba "de acuedro" o "muy de acuerdo" con el elemento de compartir recursos que describan las diferencias entre RtI, el programa estatal de dislexia, la Sección 504 e IDEA con los padres de niños de los que se presume que tienen una discapacidad. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 41 ¿De qué manera deberían estar disponibles estos recursos? (Seleccione todas las que correspondan.) ▢ ▢ ▢ Sitio web En copias impresas y distribuidos por las escuelas Medios de comunicación social Display This Question: If Q20 = c. Mejorar la infraestructura estatal para proporcionar a los padres/tutores información relacionada con la educación especial. [ De acuerdo ] Or Q20 = c. Mejorar la infraestructura estatal para proporcionar a los padres/tutores información relacionada con la educación especial. [ Strongly Agree ] Question 22 Estaba "de acuedro" o "muy de acuerdo" con el elemento de mejorar la infraestructura estatal para proporcionar a los padres información relacionada con la educación especial. ¿Qué tipos específicos de asistencia técnica le gustaría que se consideraran? (Seleccione todas las que correspondan.) ▢ Mejora y expansión de un centro de llamadas a nivel estatal para permitir un mayor nivel de servicio al cliente individualizado y proporcionar un único punto de contacto para los padres/tutores que requieren asistencia a fin de recorrer el proceso de evaluación de educación especial, particularmente en lo que se refiere a RtI ▢ ▢ Repositorio en línea de materiales centrados en los padres/tutores y capacitación autoguiada Oportunidades de aprendizaje cara a cara Question 23 Si tiene sugerencias específicas sobre formas adicionales en que la TEA podría abordar la medida correctiva tres, cuéntenos sobre ellas aquí. (Limitada a 250 caracteres.) Special Educa�on Correc�ve Ac�on Plan Online Survey Results 42 Question 24 Medida correctiva cuatro Un plan y calendario mediante los cuales la TEA supervisará la implementación de los requisitos de la IDEA descritos por el ISD cuando los alumnos con problemas de discapacidad y que necesitan educación especial y servicios relacionados según la IDEA reciban servicios y apoyos a través de RtI, Sección 504 y el programa de dislexia del estado. Question 25 ¿En qué medida está de acuerdo con que el equipo de escalamiento propuesto debería incluirse en el plan para abordar la medida correctiva cuatro? o Muy en desacuerdo o En desacuerdo o De acuerdo o Muy de acuerdo Question 26 ¿Qué tipo de apoyo le gustaría que ofreciera este grupo? (Seleccione todas las que correspondan.) ▢ ▢ ▢ ▢ Asistencia técnica Asistencia en la planificación para abordar los hallazgos Conexiones a grupos de defensa Conexiones a los recursos de la comunidad Question 27 Si tiene sugerencias específicas sobre formas adicionales en que la TEA podría abordar la medida correctiva cuatro, cuéntenos sobre ellas aquí. (Limitada a 250 caracteres.) Special Educa�on Correc�ve Ac�on Plan Online Survey Results 43 Question 28 ¿Cuál es su raza? (Seleccione TODAS las que correspondan.) ▢ ▢ ▢ ▢ ▢ Indio americano o nativo de Alaska Asiático Negro o afroamericano Nativo de Hawái u otra isla del Pacífico Blanco Question 29 ¿Es hispano/latino? (Seleccione solo uno) o No, no de origen hispano, latino o español o Sí Question 30 ¿Cuál es el idioma que usa con más frecuencia en casa? (Seleccione solo uno.) Idioma Question 31 Gracias! Al hacer clic en el botón con flecha al derecho suz respeustas seran registradas. Special Educa�on Correc�ve Ac�on Plan Online Survey Results 44