OSEP - September 2021 Resources
Texas Education Agency
OSEP Response
September 27, 2021
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CAR 1 |
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CAR 1.a |
TEA Comments: TEA is requiring all LEAs within the state to post the following to their local website by October 22nd, 2021: Senate Bill 139 of the 86th Texas Legislature Direct link to TEA website information for parents regarding IDEA, MTSS, Dyslexia, and Section 504 TEA reminds OSEP that LEAs were previously required to assure that this information had been made provided to parents in their LEA who may not have internet access in a manner appropriate for their local community. This documentation was provided to OSEP as part of the response to OSEP’s October 2020 letter. LEAs will provide assurance of compliance with this requirement through Texas’ Legal Framework website. TEA will conduct a review of a representative sample of Texas LEAs and provide OSEP with all appropriate verification documentation by the end of October, 2021. Additionally, TEA is requiring all LEAs within the state to post the following document in English and Spanish to their local website and to also ensure that families of students served by special education within the LEA who may not have internet access are provided access to the documents in the manner most appropriate for their community. This document has been created in response to OSEP’s additional request made in the September 16th response to TEA for LEAs to provide families of students served by special education with information regarding requesting compensatory services that may be appropriate for students who were initially delayed or denied and FIIE. Compensatory Services Information for Families As is the case with the previously mentioned requirement for posting information, LEAs will provide assurance of compliance with this requirement through Texas’ Legal Framework website. TEA will conduct a review of a representative sample of Texas LEAs and provide OSEP with all appropriate verification documentation by the end of October, 2021. |
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CAR 1.b |
TEA Comments: TEA has published the errata linked below to the Grants Opportunities section of the TEA website. The document effectively adds the required assurance to the 21-22 IDEA B grant application for LEAs. Errata regarding the 2021-2022 IDEA B grant to Texas LEAs LEAs are required to read the errata and provide assurance through the Legal Framework confirming that it has in place local policies, procedures, and programs that are consistent with IDEA’s child find requirements in Title 34 of the Code of Federal Regulations (C.F.R.), §300.111, evaluation requirements in 34 C.F.R. §300.122, and FAPE requirements in 34 C.F.R. §300.101. TEA will provide documentation of these assurances to OSEP by the end of October, 2021. When the 2022-2023 application becomes available in spring of 2022, TEA will provide OSEP with documentation that the newly required assurances are appropriately included in the application. |
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CAR 1.c |
TEA Comments: The Department of Review and Support 1) Dyslexia Program Evaluation, 2) Dyslexia Monitoring Overview, 3) Dyslexia Monitoring One Pager, and 4) Dyslexia Parent Survey Questions to evidence TEA’s monitoring protocol for identifying children with dyslexia who are suspected of having a disability under IDEA, training of TEA staff, LEAs, and the public that these documents constitute its monitoring protocols, provide a detailed description of the process TEA uses to identify LEA noncompliance, and documentation of the specific actions TEA agreed upon or required noncompliant LEAs to timely correct findings of noncompliance. 2021-22 Dyslexia Program Evaluation 2021-22 Dyslexia Monitoring Overview – Education Service Centers and Local Education Agencies |
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CAR 1.d |
Closed as of September 2021 |
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CAR 1.e |
Closed as of September 2021 |
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CAR 2 |
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CAR 2.a |
TEA Comments: Please see TEA’s response to CAR 1.a |
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CAR 2.b |
TEA Comments: TEA submits the following draft informational document for OSEP’s review: ARD Comp Services Document - DRAFT Once received, TEA will incorporate OSEP’s feedback in the informational document and distribute to LEAs throughout the state. Additionally, once the content is approved, it will be converted into a slide deck and then presented in a statewide webinar. The webinar will be available for live participation across the state and will also be recorded and posted to the TEA website so that it may be later accessed as needed. |
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CAR 2.c |
TEA Comments: As was discussed in the September 10th meeting with OSEP, TEA has not continued to collect the requested data. The original CAR stated that TEA would collect that data for three years. The data is included in the links below. TEA proposes that moving forward, TEA would request that data of Texas LEAs with identified non-compliance in the area of timely evaluation as part of the SPP Clarifications process. TEA looks forward to hearing from OSEP if that would be acceptable. |
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CAR 3 |
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CAR 3.a |
TEA Comments: The Department of Review and Support 1) Dyslexia Program Evaluation, 2) Dyslexia Monitoring Overview, and 3) Dyslexia Monitoring One Pager demonstrates revision of TEA’s monitoring protocols under either the IDEA monitoring referenced in CAR 1.c and 4.a. or under the State’s specific monitoring of the Dyslexia Program to ensure that the implementation of the State’s Dyslexia Program does not deny or delay IDEA evaluations and the provision of FAPE to eligible children with disabilities and training of LEA personnel and school staff on applicable IDEA requirements. 2021-22 Dyslexia Program Evaluation 2021-22 Dyslexia Monitoring Overview – Education Service Centers and Local Education Agencies |
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CAR 3.b |
Closed as of September 2021 |
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CAR 3.c |
TEA Comments: The Department of Review and Support 1) Dyslexia Monitoring Overview 2) Dyslexia Performance Plan and 3) Dyslexia Performance Plan Quick Reference provide evidence to OSEP that TEA has made the documents developed regarding Section 504, the Dyslexia Program and RTI available to parents on the Department of Review and Support webpage. 2021-22 Dyslexia Monitoring Overview – Education Service Centers and Local Education Agencies |
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CAR 4 |
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CAR 4.a1 |
TEA Comments: The Department of Review and Support 1) Dyslexia Program Evaluation, 2) Dyslexia Monitoring Overview, and 3) Dyslexia Monitoring One Pager demonstrate revision to TEA’s monitoring protocols under either the IDEA monitoring referenced in CAR 1.c. or under the State’s specific monitoring of the Dyslexia Program, under CAR delay IDEA evaluations and the provision of FAPE to eligible children with disabilities. 3.a. to ensure that the implementation of the State’s Dyslexia Program does not deny or delay IDEA violations and the provision of FAPE for children with disabilities. 2021-22 Dyslexia Program Evaluation 2021-22 Dyslexia Monitoring Overview – Education Service Centers and Local Education Agencies |
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CAR 4.a2 |
TEA Comments: The Department of Review and Support does not aggregate noncompliance data in the format as requested by OSEP to account for all instances of noncompliance, including instances of noncompliance identified through the Differentiated Monitoring and Support (DMS) system and data collected through the State’s data system. The Department of Review and Support will submit artifacts of implementation no later than 10/27/2021. |