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Special Education
Corrective Actions Status and Updates
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2. OSEP Timeline of Events
January Letter from OSEP
October 2018
OSEP Response to TEA Response
Early 2019
OSEP revisit
April 2018
TEA Corrective Action Response and Strategic Plan
January 2019
Submit Corrections to OSEP
Timeline of events review.
OSEP has indicated they will revisit the state in early 2019.

3. OSEP Requirement #1
Documentation that the State requires each LEA comply with Child Find regulation; and
Makes FAPE available to all eligible children with disabilities
Cited under
34 CFR § and §
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 § 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 §
TEA provided that its response will include evidence of :
Sent TAAs November 2016, February 2018 outlining district responsibilities for assuring Child Find and FAPE
Continued requirement for specific Child Find and FAPE assurance on LEA eGrant application for funds
Monitoring protocols that are being revised
Additional dispute resolution materials
Additional and ongoing training of hearing officers and complaints staff
Legislation that passed – eliminating the PBMAS indicator as written in (TEC § ) for monitoring and requiring parent notification for inclusion in “intervention strategies” as defined in (TEC § )

4. Response to Child Find/FAPE Requirement #1
Sent TAAs (Nov. 2016, Feb.2018) outlining district responsibilities for assuring Child Find and FAPE
Legislation passed eliminating the PBMAS indicator as written in (TEC § ) for monitoring AND requiring parent notification for inclusion in “intervention strategies” as defined in (TEC § )
Continued requirement for specific Child Find and FAPE assurance on LEA eGrant application for funds
Monitoring protocols being revised LEAs were selected for submission of Child Find/FAPE Policies & Procedures
Additional dispute resolution materials & training of hearing officers and complaints staff

5. OSEP Requirement #2 A plan and timeline to ensure each LEA:
Identifies, locates, and evaluates children who should have been referred; and
Consider, on an individual basis, additional services for those children who were later found eligible
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.
TEA provided that its response will include evidence of:
Revised Handbook statement provided to all districts and on website (worked with TASBE to ensure all districts received)
TAAs and other engagements with region staff, and these type engagements ongoing
Additional data collection planned through SPP 11

6. Response to Child Find Requirement #2
Provided a mandatory revised Student Handbook statement provided to all districts and on website
Developed additional data collection for LEAs to submit through State Performance Plan 11 (SPP 11) TEAL system
Providing LEAs with the opportunity to receive additional evaluation capacity funding for increased needs. Application currently available through March 22, 2019
HB 1075 Introduced by Gonzalez from El Paso:
Sec.A AAPAYMENTS FOR FULL INDIVIDUAL AND INITIAL EVALUATIONS. (a) Each school year from funds available to the agency for the purpose, a school district is entitled to receive a $1,000 payment for each full individual and initial evaluation the district conducts under Section during that school year. Payments authorized under this section are in addition to other funding the district receives through other provisions of this code, including the allotment provided under Section
$91 M Fiscal Note would be required.

7. OSEP Requirement #3
A plan and timeline by which TEA will provide to ensure that:
General education supports don’t delay or deny a child’s right to an initial evaluation and services under IDEA
LEAs are provided with information about differences between RtI, Dyslexia, Section 504 and IDEA supports and services
LEAs disseminate information to staff and parents
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
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;
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
disseminate such information to staff and the parent of children suspected of having a disability enrolled in the ISDs schools, consistent with CFR § (c).
TEA provided that its response will include evidence of:
Update of the Dyslexia Handbook – was passed by full committee of SBOE Friday, November 16th. Changed language in Dyslexia Handbook differentiating between: Standard Protocol Dyslexia Instruction (not individualized or specially designed)
Specially Designed Instruction (individualized, special education)
Reviewed Parent Guide and Procedural Handbook
Suite of Resources being developed and provided (current regional engagement such as this being conducted to provide some of this information)

8. Response to Dyslexia/RTI/Section 504 Requirement #3
Update of the Dyslexia Handbook – was passed by full committee of SBOE in November.
Reviewed Parent Guide and Procedural Handbook
Suite of Resources being developed and will be distributed to all LEAs to disseminate
Developing a statewide framework of MTSS encompassing academic, behavioral, and social and emotional interventions
Developing a self-assessment tool for LEAs in determining RtI/MTSS strengths and improvement areas
Dyslexia Handbook--Changed language in Dyslexia Handbook differentiating between: Standard Protocol Dyslexia Instruction (not individualized or specially designed) and Specially Designed Instruction (individualized/special education)
New TEA Program Contact for Section 504:
Laura Wilk

9. Biggest Questions about Dyslexia vs. Special Education
Q1: Must a student with suspected dyslexia present a second, potentially disabling condition in order to be referred under IDEA?
Q2: Where do I serve a student with Dyslexia, through Section 504 or Special Education?
A1: No. Dyslexia is a condition that could qualify a child as a child with a specific learning disability under the IDEA.
The case is William V. v. Copperas Cove ISD, decided by the federal court for the Western District of Texas on December 10, 2018
4th Grader that qualified for Dyslexia, but parents wanted special education services
School district didn’t test because the student was making progress under the current programming
School district won this case due documented efforts of instructional supports
Brought on more questions because the court went on to say the Dyslexia is a qualifying condition for SLD under IDEA and no testing would be required.
The new Dyslexia Handbook says you must test (FIIE)…slipperly slope!
Next interesting fact: The National Center for Learning Disabilities just issued a letter to the Texas State Board of Education, TEA and USDE…stating that the Dyslexia Handbook violates Child Find requirements under IDEA
This policy contradicts Child Find which requires an LEA to conduct an evaluation governed by the
provisions and rights under IDEA for any child suspected to have a disability, regardless of the severity. It
preempts the evaluation procedures under IDEA by requiring the Data-Driven team to predetermine
educational need and label a child as needing special education services prior to completing a
comprehensive evaluation.
A2: It depends on the individual programmatic needs of the child.

10. 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.
TEA provided that its response will include evidence of:
Hired review and support teams
Developing plan for monitoring
Expanded stakeholder engagement

11. Response to Monitoring Requirement #4
Hired review and support teams
Developing plan for monitoring for all LEAs: Desk Audits and On-site visits on a 6-year cycle
On-site visits will occur this Spring with LEAs that volunteered to be part of the first monitoring visit as a pilot study
May 22, 2019—TEA Presentation with ESC-20 Special Education Directors

12. Risk Assessment Index Risk Based Monitoring Cyclical Monitoring
YES NO
Risk Based Monitoring
Cyclical Monitoring
Very Low or Low Risk
Very Low or Low Risk (Random)
Moderate to High Risk
Sustained High Risk
Targeted Desk Review
Comprehensive Desk Review
Escalation
On-Site Review
Corrective Action?
YES NO
Monitoring Activities

13. What does this mean to me?
Ensure all special education policies, procedures, operating guidelines, and practices are implemented and monitored accordingly in special education and general education settings.
Review and coordinate child find practices, including general education supports.
Track all evaluation data on an ongoing basis.
Update Student Handbook Statement.
Disseminate required resources to all stakeholders (Suite of Resources that are pending).
Submit assurances via the Legal Framework and SPP 11 data via TEAL.
Consider staffing implications due to an increased number of students served in special education.

14. For more information, please contact:
EDUCATION SERVICE CENTER, REGION 20
Serving the Educational Community
For more information, please contact:
Sherry Marsh