Annual State Application under IDEA Part B and IDEA Eligibility Documentation
All states must ensure that the state has on file with the Secretary of the U.S.Department of Education (USDE) assurances that the state meets or will meet all of the eligibility requirements of Part B of the Individuals with Disabilities Education (IDEA) Act as amended in 2004 by Public Law 108-446. A state may do this by one of the following methods:
- provide assurances in the Part B State Application that it has in effect policies and procedures to meet the requirements;
- provide assurances in the State Application that the state will operate consistent with all the requirements of Public Law 108-446 and applicable regulations and make such changes to existing policies and procedures as are necessary to bring those policies and procedures into compliance with the requirements of IDEA, as amended; or
- submit modifications to state policies and procedures previously submitted to the USDE.
For the state of Texas to receive its IDEA Part B grant funds each federal fiscal year, TEA must complete an application packet and submit it to the USDE Office of Special Education Programs (OSEP).
Please note, TEA has submitted all of the documentation requested by the Office of Special Education Programs (OSEP) at the United States Department of Education regarding the completion of our Corrective Action Response. At this time however, TEA has not received information from OSEP regarding out compliance status. Therefore, as was the case previously, TEA is not able to complete some of the assurances listed in this application at this time.
Public Review and Comment
Prior to submission to OSEP, the State Application (Texas) is made available on this web page for public review for 60 days. Within that 60-day time period, there is a 30-day public comment period. Additionally, the TEA provides individuals with opportunities to testify on the Proposed State Application and the state's policies and procedures for implementing IDEA Part B if the requirements under Texas Government Code, Title 10. General Government, Subtitle A. Administrative Procedure and Practice, Chapter 2001. Administrative Procedure, Subchapter A. General Provisions, § 2001.029(b) are met . Parties interested in testifying are encouraged to also include written testimony.
Public Comment Process--CLOSED
The TEA accepts written comments pertaining to the Proposed State Application by mail to Policy Team, TEA Division of Special Education, 1701 North Congress Ave., Austin, Texas 78701-1494 or by e-mail to firstname.lastname@example.org. Individuals are encouraged to use the comment form provided on this web page. Public comments were accepted through May 5, 2021. The public comment period is now closed.
Instructions for the Comment Form
The Proposed State Application Comment Submission Cover Sheet states the number of pages included in the submission and, as applicable, name, title, organization, address, city, zip, work phone, home phone, fax number, and email address.
The Public Comment Sheet for the Proposed State Application page requires the submitter's name, the section and page number within the state application and related comment. This page may be duplicated for additional comments.
Comment Form (Word)
Comment Form (PDF)