400 MARYLAND AVE. S.W., WASHINGTON, DC 20202-2600

www.ed.gov

The Department of Education’s mission is to promote student achievement and preparation for global competitiveness

by fostering educational excellence and ensuring equal access.

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

July 1, 2022

Honorable Mike Morath

Commissioner

Texas Education Agency

1701 North Congress Avenue

Austin, Texas 78701

Dear Commissioner Morath:

We have conditionally approved Texas’ application for Federal Fiscal Year (FFY) 2022 funds 

under Part B of the Individuals with Disabilities Education Act (IDEA Part B). Our conditional 

approval is based on our review of the IDEA Part B application submitted by the Texas

Education Agency to the U.S. Department of Education (Department), Office of Special 

Education Programs (OSEP), on May 20, 2022, including the assurances provided in Section II 

and incorporated by reference to this letter as noted in Enclosure A. Our approval is also based 

on the State’s certification in Section II.D of its FFY 2022 application (Enclosure B) that the 

State’s provisions meet the requirements of IDEA Part B as found in Public Law 108-446, and 

that the State will operate its Part B program in accordance with all of the required assurances 

and certifications, consistent with 34 C.F.R. § 76.104. The effective date of this grant award is 

July 1, 2022. 

In addition, the State provided specific assurances that it will:

1. Operate throughout the period of the FFY 2022 grant award consistently with IDEA Part 

B and applicable regulations; and

2. Make such changes to existing policies and procedures as are necessary to bring those 

policies and procedures into compliance with the requirements of IDEA Part B as soon as 

possible, and not later than June 30, 2023. Within Section II of its application, the State 

has included, for each assurance it cannot meet at this time, the date by which it expects 

to complete necessary changes to any policies and procedures that are not yet in 

compliance with the requirements of IDEA Part B.

Please note that OSEP Memorandum 22-07, dated February 3, 2022, explained the impact of 

recent amendments to the Copyright Act, 17 U.S.C. § 121, on certain terms relevant to 

Assurance 23a or 23b related to accessible instructional materials as reflected in your State’s 

FFY 2022 application for funds under IDEA Part B. As a result, the term “blind and other 

persons with print disabilities” has been removed from the Copyright Act and replaced with 

“eligible person,” and the term “specialized format” has been removed and replaced with the 

term “accessible format.” Although at this time Congress has not made conforming amendments 

to section 612(a)(23) of IDEA, the Department construes Assurances 23a and 23b as 

incorporating the terms “eligible person” and “accessible format.”

OSEP will continue to impose Specific Conditions on Texas’ FFY 2022 IDEA Part B grant 

awards relating to ensuring that: (1) its Dyslexia program, including the revised Dyslexia 
Page 2 – Chief State School Officer

Handbook, is being implemented, disseminated, and monitored in compliance with the general 

supervision responsibilities as required by IDEA sections 612(a)(11) and 616(a)(1)(C), and their 

implementing regulations at 34 C.F.R. §§ 300.149 and 300.600, to ensure that LEAs throughout 

the State properly implement IDEA’s requirements for the provision of FAPE, child find, and 

evaluation in IDEA sections 612(a)(1), (a)(3), and (a)(7) and 614(a) through (c) and their 

implementing regulations at 34 C.F.R. §§ 300.111, 300.122, and 300.300-300.311; and (2) its 

Dyslexia program, including the revised Dyslexia Handbook, is implemented in compliance with 

IDEA requirements to ensure that FAPE is made available to all children with disabilities 

residing in the State’s mandated age ranges (ages 3 through 21), as required by IDEA section 

612(a)(1) and its implementing regulation at 34 C.F.R. § 300.101. The reasons for doing so and 

the specific reporting requirements are detailed in Enclosure E.

Please note that as part of your State’s application for FFY 2022 IDEA Part B funds, the State 

has provided a certification, pursuant to 34 C.F.R. § 76.104, that its application meets the 

requirements of IDEA Part B and that the State will operate its Part B program in accordance 

with all of the required assurances and certifications. Any changes made by the State, after OSEP 

approval, to information that is a part of the State’s Part B application, must meet the public 

participation requirements in 34 C.F.R. § 300.165.

Enclosed are the State’s FFY 2022 grant awards for funds currently available under the 

Consolidated Appropriations Act, 2022 (Public Law 117-103) for the IDEA Part B Section 611 

(Grants to States) and Section 619 (Preschool Grants) programs. These funds are available for 

obligation by States from July 1, 2022, through September 30, 2024, in accordance with 34 

C.F.R. § 76.709.

The amount in your State’s award for Section 619 represents the full amount of funds to which 

the State is entitled. However, the amount shown in your State’s award for the Section 611 

program is only part of the total funds that will be awarded to the State for FFY 2022. Of the 

$13,343,704,000 appropriated for Section 611 in FFY 2022, $4,060,321,000 is available for 

awards on July 1, 2022, and $9,283,383,000 will be available for awards on October 1, 2022.

Under the Section 611 formula, in a year in which the amount available for allocations to States 

increases from the prior year, subject to certain maximum and minimum funding requirements, 

State allocations are based on the amount that each State received under Section 611 for FFY 

1999, the relative population of children in the age range for which each State ensures the 

availability of a free appropriate public education (FAPE) to children with disabilities, and the 

relative population of children living in poverty in the age range for which each State ensures the 

availability of FAPE to children with disabilities.1

For FFY 2022, the appropriation for the Preschool Grants program is $409,549,000. Under the 

Section 619 formula, in a year in which the amount available for allocation to States remains the 

1 The amount that a State’s allocation may increase from one year to the next is capped at the amount the State 

received in the prior year multiplied by the sum of 1.5 percent and the percentage increase in the total amount 

appropriated for Part B of IDEA from the prior year. Additionally, the maximum amount that a State may receive in 

any fiscal year is calculated by multiplying the number of children with disabilities ages 3 through 21 served during 

the 2004-2005 academic year in that State by 40 percent of the annual per pupil expenditure (APPE), adjusted by the 

rate of annual change in the sum of 85 percent of the children aged 3 through 21 for whom that State ensures the 

availability of FAPE and 15 percent of the children living in poverty. Because there are multiple caps, in any year

the “effective cap” on a State’s allocation is the lowest cap for that State.
Page 3 – Chief State School Officer

same or increases from the prior year, State allocations, subject to certain maximum and 

minimum funding requirements, are based on the amount that each State received under Section 

619 for FFY 1997, the relative population of children aged three through five, and the relative 

population of all children aged three through five living in poverty. 

Enclosure C provides a short description of how Section 611 funds were allocated and how those 

funds can be used. In addition, Table I in Enclosure C shows funding levels for distribution of 

Section 611 funds and the parameters for within-State allocations.

Enclosure D provides a short description of how Section 619 funds were allocated and how those 

funds can be used. In addition, Table II in Enclosure D shows State-by-State funding levels for 

distribution of Section 619 funds.

Section 611(e)(1)(C) of the IDEA provides that “[p]rior to expenditure of funds under this 

paragraph [Section 611(e)(1) concerning funds for State administration], the State shall certify to 

the Secretary that the arrangements to establish responsibility for services pursuant to [S]ection 

612(a)(12)(A) are current.” We read this provision to mean that if a State does not have 

interagency agreements or other arrangements in place to establish responsibility for the 

provision of services, the State may not expend funds available to the State under Section 

611(e)(1) [State administration funds] until the State has these agreements or arrangements in 

place.

Under IDEA section 605, the Office of Management and Budget Uniform Administrative 

Requirements, Cost Principles, and Audit Requirements for Federal Awards (OMB Uniform 

Guidance) in 2 C.F.R. Part 200, and 34 C.F.R. § 300.718, the State must request prior approval 

from OSEP for certain State-level activities or expenses. On October 29, 2019, the Office of 

Special Education and Rehabilitative Services released a Frequently Asked Questions (2019 

FAQs) document on prior approval.2 The State did not submit a participant support costs request 

with its grant application. If the State plans to use its FFY 2022 IDEA Part B grant funds for 

such costs, and those costs fall outside of the scope of the 2019 FAQs, it must submit a request 

for prior approval to which OSEP will respond separate from the grant letter.

Under Section 608(a)(2) of the IDEA, each State that receives funds under IDEA Part B is 

required to inform in writing local educational agencies located in the State of any State-imposed 

rule, regulation, or policy that is not required by IDEA or Federal regulations. A State may use 

the same list of State-imposed rules, regulations, and policies that it was required to submit to the 

Department in Section IV of its IDEA Part B application for this purpose.

In Section V of its IDEA Part B application, pursuant to the authority in IDEA Section 618(a)(3), 

the State was required to submit data on the total amount of State financial support made 

available for special education and related services for children with disabilities in State fiscal 

year (SFY) 2020 and SFY 2021. If OSEP receives information through audits, fiscal monitoring 

or other means that raises questions about the data your State has provided in Section V, OSEP 

will follow-up with your State. 

Section 604 of the IDEA provides that “[a] State shall not be immune under the 11th amendment 

to the Constitution of the United States from suit in Federal court for a violation of this [Act].” 

Section 606 provides that each recipient of assistance under the IDEA make positive efforts to 

employ and advance in employment qualified individuals with disabilities in programs assisted 

under the IDEA. Therefore, by accepting this grant, your State is expressly agreeing as a 
Page 4 – Chief State School Officer

condition of IDEA funding to a waiver of Eleventh Amendment immunity and to ensuring that 

positive efforts are made to employ and advance employment of qualified individuals with 

disabilities in programs assisted under the IDEA. 

The enclosed grant awards of FFY 2022 funds are made with the continued understanding that 

this Office may, from time to time, require clarification of information within your application, if 

necessary. These inquiries may be necessary to allow us to appropriately carry out our 

administrative responsibilities related to IDEA Part B.

As a reminder, all prime recipients of IDEA Part B funds must report subaward information as 

required by the Federal Funding Accountability and Transparency Act of 2006 (FFATA), as 

amended in 2008. First-tier subaward information must be reported by the end of the following 

month from when the award was made or obligated. FFATA guidance is found at 

https://www.fsrs.gov/. Please contact your State’s Fiscal Accountability Facilitator if you have 

further questions. 

We appreciate your ongoing commitment to the provision of quality educational services to 

children with disabilities.

Sincerely,

Valerie C. Williams

Director

Office of Special Education Programs

Enclosures 

Enclosure A (Sections II.A-C. of the State’s application) 

Enclosure B (Section II.D. of the State’s application) 

Enclosure C 

Enclosure D 

Enclosure E – Specific Conditions 

cc: State Director of Special Education
Part B Annual State Application: FFY 2022 Section V -1

OMB No. 1820-0030/Expiration Date – 01/31/2023

State Name: Texas

Enclosure A

Section II

A. Assurances Related to Policies and Procedures

The State makes the following assurances that it has policies and procedures in place as required by Part 

B of the Individuals with Disabilities Education Act. (20 U.S.C. 1411-1419; 34 CFR §§300.100-300.174)

Yes

(Assurance is 

given.)

No

(Assurance 

cannot be 

given. Provide 

date on which 

State will 

complete 

changes in 

order to 

provide 

assurance.)

Check and 

enter date(s) 

as applicable

Assurances Related to Policies and Procedures

X

June 30, 

2023

1. A free appropriate public education is available to all children with 

disabilities residing in the State between the ages of 3 and 21, inclusive, 

including children with disabilities who have been suspended or 

expelled, in accordance with 20 U.S.C. 1412(a)(1); 

34 CFR §§300.101-300.108.

X 2. The State has established a goal of providing a full educational 

opportunity to all children with disabilities and a detailed timetable for 

accomplishing that goal. (20 U.S.C. 1412(a)(2); 

34 CFR §§300.109-300.110)

X

June 30, 

2023

3. All children with disabilities residing in the State, including children with 

disabilities who are homeless or are wards of the State and children 

with disabilities attending private schools, regardless of the severity of 

their disabilities, and who are in need of special education and related 

services, are identified, located, and evaluated and a practical method 

is developed and implemented to determine which children with 

disabilities are currently receiving needed special education and related 

services in accordance with 20 U.S.C. 1412(a)(3); 34 CFR §300.111.

X

4. An individualized education program, or an individualized family service 

plan that meets the requirements of section 636(d), is developed, 

reviewed, and revised for each child with a disability in accordance with 

34 CFR §§300.320 through 300.324, except as provided in 

§§300.300(b)(3) and 300.300(b)(4). (20 U.S.C. 1412(a)(4); 

34 CFR §300.112)

X

5. To the maximum extent appropriate, children with disabilities, including 

children in public or private institutions or other care facilities, are 

educated with children who are not disabled, and special classes, 

separate schooling, or other removal of children with disabilities from 

the regular educational environment occurs only when the nature or 

severity of the disability of a child is such that education in regular 
Part B Annual State Application: FFY 2022 Section V -2

OMB No. 1820-0030/Expiration Date – 01/31/2023

classes with the use of supplementary aids and services cannot be 

achieved satisfactorily in accordance with 20 U.S.C. 1412(a)(5)(A)-(B); 

34 CFR §§300.114-300.120.

X 6. Children with disabilities and their parents are afforded the procedural 

safeguards required by 34 CFR §§300.500 through 300.536 and in 

accordance with 20 U.S.C. 1412(a)(6); 34 CFR §300.121.

X 7. Children with disabilities are evaluated in accordance with 

34 CFR §§300.300 through 300.311. (20 U.S.C. 1412(a)(7); 

34 CFR §300.122)

X 8. Agencies in the State comply with 34 CFR §§300.610 through 300.626 

(relating to the confidentiality of records and information). 

(20 U.S.C. 1412(a)(8); 34 CFR §300.123)

X

9. Children participating in early intervention programs assisted under Part 

C, and who will participate in preschool programs assisted under this 

part, experience a smooth and effective transition to those preschool 

programs in a manner consistent with section 637(a)(9). By the third 

birthday of such a child, an individualized education program or, if 

consistent with 34 CFR §300.323(b) and section 636(d), an 

individualized family service plan, has been developed and is being 

implemented for the child. The local educational agency will participate 

in transition planning conferences arranged by the designated lead 

agency under section 635(a)(10). (20 U.S.C. 1412(a)(9); 

34 CFR §300.124)

X

10. Agencies in the State, and the SEA if applicable, comply with the 

requirements of 34 CFR §§300.130 through 300.148 (relating to 

responsibilities for children in private schools), including that to the 

extent consistent with the number and location of children with 

disabilities in the State who are enrolled by their parents in private 

elementary schools and secondary schools in the school district served 

by a local educational agency, provision is made for the participation of 

those children in the program assisted or carried out under this part by 

providing for such children special education and related services in 

accordance with the requirements found in 34 CFR §§300.130 through 

300.148 unless the Secretary has arranged for services to those 

children under subsection (f) [By pass]. (20 U.S.C. 1412(a)(10); 

34 CFR §§300.129-300.148)

X

June 30, 

2023

11. The State educational agency is responsible for ensuring that the 

requirements of Part B are met including the requirements of 

34 CFR §§300.113, 300.149, 300.150 through 300.153, and 300.175 

and 300.176 and that the State monitors and enforces the requirements 

of Part B in accordance with 34 CFR §§300.600-300.602 and 300.606-

300.608. (20 U.S.C. 1412(a)(11); 34 CFR §300.149)

X

12. The Chief Executive Officer of a State or designee of the officer shall 

ensure that an interagency agreement or other mechanism for 

interagency coordination is in effect between each public agency 

described in subparagraph (b) of 34 CFR §300.154 and the State 

educational agency, in order to ensure that all services described in 

paragraph (b)(1)(i) that are needed to ensure a free appropriate public 

education are provided, including the provision of such services during 

the pendency of any dispute under §300.154(a)(3). Such agreement or 
Part B Annual State Application: FFY 2022 Section V -3

OMB No. 1820-0030/Expiration Date – 01/31/2023

mechanism shall meet the requirements found in 

20 U.S.C. 1412(a)(12)(A)-(C); 34 CFR §300.154.

X

13. The State educational agency will not make a final determination that a 

local educational agency is not eligible for assistance under this part 

without first affording that agency reasonable notice and an opportunity 

for a hearing. (20 U.S.C. 1412(a)(13); 34 CFR §300.155)

X

14. The State educational agency has established and maintains 

qualifications to ensure that personnel necessary to carry out this part 

are appropriately and adequately prepared and trained, including that 

those personnel have the content knowledge and skills to serve children 

with disabilities as noted in 20 U.S.C. 1412(a)(14)(A)-(E); 

34 CFR §300.156.

X 15. The State has established goals for the performance of children with 

disabilities in the State that meet the requirements found in 

20 U.S.C. 1412(a)(15)(A)-(C); 34 CFR §300.157.

X

16. All children with disabilities are included in all general State and 

districtwide assessment programs, including assessments described 

under section 1111 of the Elementary and Secondary Education Act of 

1965, with appropriate accommodations and alternate assessments 

where necessary and as indicated in their respective individualized 

education programs as noted in 20 U.S.C. 1412(a)(16)(A)-(E); 

34 CFR §300.160.

X 17. Funds paid to a State under this part will be expended in accordance 

with all the provisions of Part B including 20 U.S.C. 1412(a)(17)(A)-(C);

34 CFR §300.162.

X

18. The State will not reduce the amount of State financial support for 

special education and related services for children with disabilities, or 

otherwise made available because of the excess costs of educating 

those children, below the amount of that support for the preceding fiscal 

year, unless a waiver is granted, in accordance with 

20 U.S.C. 1412(a)(18)(A)-(D); 34 CFR §§300.163 through 300.164.

X

19. Prior to the adoption of any policies and procedures needed to comply 

with this section (including any amendments to such policies and 

procedures), the State ensures that there are public hearings, adequate 

notice of the hearings, and an opportunity for comment available to the 

general public, including individuals with disabilities and parents of 

children with disabilities. (20 U.S.C. 1412(a)(19); 34 CFR §300.165)

X

20. In complying with 34 CFR §§300.162 and 300.163, a State may not use 

funds paid to it under this part to satisfy State-law mandated funding 

obligations to local educational agencies, including funding based on 

student attendance or enrollment, or inflation. (20 U.S.C. 1412(a)(20);

34 CFR §300.166)

X

21. The State has established and maintains an advisory panel for the 

purpose of providing policy guidance with respect to special education 

and related services for children with disabilities in the State as found in 

20 U.S.C. 1412(a)(21)(A)-(D); 34 CFR §§300.167-300.169.

X 22. The State educational agency examines data, including data 

disaggregated by race and ethnicity, to determine if significant 
Part B Annual State Application: FFY 2022 Section V -4

OMB No. 1820-0030/Expiration Date – 01/31/2023

discrepancies are occurring in the rate of long-term suspensions and 

expulsions of children with disabilities in accordance with 

20 U.S.C. 1412(a)(22)(A)-(B); 34 CFR §300.170.

X

23a. The State adopts the National Instructional Materials Accessibility 

Standard for the purposes of providing instructional materials to blind 

persons or other persons with print disabilities, in a timely manner after 

the publication of the National Instructional Materials Accessibility 

Standard in the Federal Register in accordance with 

20 U.S.C. 1412(a)(23)(A) and (D); 34 CFR §300.172.

23b. (Note: Check either "23b.1" or "23b.2" whichever applies.

X

23b.1 The State educational agency coordinates with the National 

Instructional Materials Access Center and not later than 12/03/06 the 

SEA as part of any print instructional materials adoption process, 

procurement contract, or other practice or instrument used for purchase 

of print instructional materials enters into a written contract with the 

publisher of the print instructional materials to:

• require the publisher to prepare and, on or before delivery of the 

print instructional materials, provide to the National Instructional 

Materials Access Center, electronic files containing the contents of 

the print instructional materials using the National Instructional 

Materials Accessibility Standard; or

• purchase instructional materials from the publisher that are 

produced in, or may be rendered in, specialized formats. 

(20 U.S.C. 1412(a)(23)(C); 34 CFR §300.172)

23b.2 The State educational agency has chosen not to coordinate with the 

National Instructional Materials Access Center but assures that it will 

provide instructional materials to blind persons or other persons with 

print disabilities in a timely manner. (20 U.S.C. 1412(a)(23)(B); 

34 CFR §300.172)

X

24. The State has in effect, consistent with the purposes of the IDEA and 

with section 618(d) of the Act, policies and procedures designed to 

prevent the inappropriate overidentification or disproportionate 

representation by race and ethnicity of children as children with 

disabilities, including children with disabilities with a particular 

impairment described in 34 CFR §300.8. (20 U.S.C 1412(a)(24); 

34 CFR §300.173)

X

25. The State educational agency shall prohibit State and local educational 

agency personnel from requiring a child to obtain a prescription for a 

substance covered by the Controlled Substances Act (21 U.S.C. 812(c)) 

as a condition of attending school, receiving an evaluation under 

34 CFR §§300.300 through 300.311, or receiving services under the 

IDEA as described in 20 U.S.C. 1412(a)(25)(A)-(B); 34 CFR §300.174.
Part B Annual State Application: FFY 2022 Section V -5

OMB No. 1820-0030/Expiration Date – 01/31/2023

B. Other Assurances

The State also makes the following assurances:

Yes Other Assurances

X

1. The State shall distribute any funds the State does not reserve under 20 U.S.C. 1411(e) to 

local educational agencies (including public charter schools that operate as local educational 

agencies) in the State that have established their eligibility under section 613 for use in 

accordance with this part as provided for in 20 U.S.C. 1411(f)(1)-(3); 34 CFR §300.705.

X 2. The State shall provide data to the Secretary on any information that may be required by the 

Secretary. (20 U.S.C. 1418(a)(3); 34 CFR §§300.640-300.645.)

X 3. The State, local educational agencies, and educational service agencies shall use fiscal 

control and fund accounting procedures that insure proper disbursement of and accounting for 

Federal funds. (34 CFR §76.702)

X

4. As applicable, the assurance in OMB Standard Form 424B (Assurances for Non-Construction 

Programs), relating to legal authority to apply for assistance; access to records; conflict of 

interest; merit systems; nondiscrimination; Hatch Act provisions; labor standards; flood 

insurance; environmental standards; wild and scenic river systems; historic preservation; 

protection of human subjects; animal welfare; lead-based paint; Single Audit Act; and general 

agreement to comply with all Federal laws, executive orders and regulations.

C. Certifications

The State is providing the following certifications:

Yes Certifications

X

1. The State certifies that ED Form 80-0013, Certification Regarding Lobbying, is on file with the 

Secretary of Education.

With respect to the Certification Regarding Lobbying, the State recertifies that no Federal 

appropriated funds have been paid or will be paid to any person for influencing or attempting 

to influence an officer or employee of any agency, a Member of Congress, an officer or 

employee of Congress, or an employee of a Member of Congress in connection with the 

making or renewal of Federal grants under this program; that the State shall complete and 

submit Standard Form-LLL, "Disclosure Form to Report Lobbying," when required (34 CFR 

Part 82, Appendix B); and that the State Agency shall require the full certification, as set forth 

in 34 CFR Part 82, Appendix A, in the award documents for all sub awards at all tiers.

X

2. The State certifies that certification in the Education Department General Administrative 

Regulations (EDGAR) at 34 CFR §76.104 relating to State eligibility, authority and approval to 

submit and carry out the provisions of its State application, and consistency of that application 

with State law are in place within the State. 

X

3. The State certifies that the arrangements to establish responsibility for services pursuant to 

20 U.S.C. 1412(a)(12)(A)-(C); 34 CFR §300.154 (or 20 U.S.C. 1412(a)(12)(A); 

34 CFR §300.154(a) are current. This certification must be received prior to the expenditure 

of any funds reserved by the State under 20 U.S.C. 1411(e)(1); 34 CFR §300.171.
grant award consistent with the requirements of the IDEA ,as found in PL 108-446 and any applicable

regulations, and will make such changes to existing policies and procedures as are necessary to bring

those policies and procedures into compliance with the requirements of the IDEA, as amended, as soonas possible, and not later than June 30, 2023, (34 CFR § 76.104)

I, the undersigned authorized official of the

Texas Education Agency

(Name of State and official name of State agency)

am designated by the Governor of this State to submit this application for FFY 2022 funds under Part B ofthe Individuals with Disabilities Education Act (IDEA).

Printed/Typed Name of Authorized Representative of the State:

Mike Meyer

Title of Authorized Representative of the State:

Deputy commissioner, Finance

Siitur:

DL

Part B Annual State Application: FFY 2022 Section II -8

0MB No. 1 820-0030/Expiration Date —1-31-2023
Page 1

Enclosure C

IDEA Grants to States Program

(Part B, Section 611)

Explanation of the Federal Fiscal Year (FFY) 2022 Allocation Table

Total Grant Award (Column B)

Column B shows your total grant award for the Grants to States program for FFY 2022 under the 

Consolidated Appropriations Act, 2022 (Public Law 117-103).

State total grants are calculated in accordance with several factors. First, each State is allocated 

an amount equal to the amount that it received for fiscal year 1999. If the total program 

appropriation increases over the prior year, 85 percent of the remaining funds are allocated based 

on the relative population of children aged 3 through 21 who are in the age range for which the 

State ensures the availability of a free appropriate public education (FAPE) to children with 

disabilities. Fifteen percent of the remaining funds are allocated based on the relative population 

of children aged 3 through 21 living in poverty who are in the age range for which the State 

ensures the availability of FAPE to children with disabilities. The statute also includes several 

maximum and minimum allocation requirements when the amount available for distribution to 

States increases.

If the amount available for allocation to States remains the same from one year to the next, States 

receive the same level of funding as in the prior year. If the amount available for allocation to 

States decreases from the prior year, any amount available for allocation to States above the 

fiscal year 1999 level is allocated based on the relative increases in funding that the States 

received between fiscal year 1999 and the prior year. If there is a decrease below the amount 

allocated for 1999, each State’s allocation is ratably reduced from the fiscal year 1999 level.

Section 611 Base Allocation to LEAs (Column C)

Column C is the portion of the local educational agency (LEA) flow-through amount that must 

be distributed to LEAs based on the amounts that the LEAs would have received from FFY 1999 

funds had the State educational agency (SEA) flowed through 75 percent of the State award to 

LEAs. Note that this amount is less than the minimum amount that States were required to 

provide to LEAs from FFY 1999 funds. The Part B regulations at 34 CFR §300.705(b)(2) clarify 

how adjustments to the base payment amounts for LEAs are made.

Maximum Set-Aside for Administration (Column D)

Column D includes the maximum State set-aside amount for administration. A State may reserve 

for State administration up to the greater of the maximum amount the State could reserve for 

State administration from fiscal year 2004 funds, or $800,000, increased by inflation as reflected 

by the Consumer Price Index for All Urban Consumers (CPIU). The maximum State set-aside 

amount available for administration for FFY 2022 is a 6.0 percent increase over the maximum 

amount that was available for FFY 2021. Each outlying area may reserve for each fiscal year not 

more than 5 percent of the amount the outlying area receives under this program or $35,000, 

whichever is greater.
Page 2 

Maximum Set-Aside Available for Other State-Level Activities (Columns E - H) 

The maximum level of funding that may be set aside from a State’s total allocation for Statelevel activities, other than administration, is contingent upon the amount that the State actually

sets aside for administration and whether the State opts to establish a LEA high-risk pool under 

IDEA, section 611(e)(3). For FFY 2022: 

(1) If the actual amount a State will set aside for State administration is over $850,000 and 

the State will use funds from its award to support a high-risk pool, the maximum amount 

the State may set aside of its total award for State-level activities (other than 

administration) is 10.0 percent of its FFY 2006 award as adjusted for inflation based on 

the CPIU.

(2) If the actual amount a State will set aside for State administration is over $850,000 and 

the State will not use funds from its award to support a high-risk pool, the maximum 

amount the State may set aside of its total award for State-level activities (other than 

administration) is 9.0 percent of its FFY 2006 award as adjusted for inflation based on the 

CPIU.

(3) If the actual amount a State will set aside for State administration is $850,000 or less and 

the State will use funds from its award to support a high-risk pool, the maximum amount 

the State may set aside of its total award for State-level activities (other than 

administration) is 10.5 percent of its FFY 2006 award as adjusted for inflation based on 

the CPIU.

(4) If the actual amount a State will set aside for State administration is $850,000 or less and 

the State will not use funds from its award to support a high-risk pool, the maximum 

amount the State may set aside of its total award for State-level activities (other than 

administration) is 9.5 percent of its FFY 2006 award as adjusted for inflation based on the 

CPIU.

SEAs are required to use some portion of these State set-aside funds on monitoring, enforcement, 

and complaint investigation and to establish and implement the mediation process required by 

section 615(e), including providing for the costs of mediators and support personnel. In addition, 

States setting aside funds for a high-risk pool, as provided for under section 611(e)(3), must 

reserve at least 10 percent of the amount the State reserved for State-level activities for the highrisk pool. 

SEAs also may use State set-aside funds: (1) for support and direct services, including technical 

assistance, personnel preparation, and professional development and training; (2) to support 

paperwork reduction activities, including expanding the use of technology in the individualized 

education program process; (3) to assist LEAs in providing positive behavioral interventions and 

supports and mental health services to children with disabilities; (4) to improve the use of 

technology in the classroom by children with disabilities to enhance learning; (5) to support the 

use of technology, including technology with universal design principles and assistive 

technology devices, to maximize accessibility to the general education curriculum for children 

with disabilities; (6) for development and implementation of transition programs, including 

coordination of services with agencies involved in supporting the transition of students with 

disabilities to postsecondary activities; (7) to assist LEAs in meeting personnel shortages; (8) to 

support capacity building activities and improve the delivery of services by LEAs to improve 

results for children with disabilities; (9) for alternative programming for children with disabilities 

who have been expelled from school, and services for children with disabilities in correctional 

facilities, children enrolled in State-operated or State-supported schools, and children with 

disabilities in charter schools; (10) to support the development and provision of appropriate 

accommodations for children with disabilities, or the development and provision of alternate 

assessments that are valid and reliable for assessing the performance of children with disabilities, 
Page 3

in accordance with sections 1111(b) and 1201 of the Elementary and Secondary Education Act 

of 1965 (ESEA); and (11) to provide technical assistance to schools and LEAs, and direct 

services, including direct student services described in section 1003A(c)(3) of the ESEA to 

children with disabilities, in schools or LEAs implementing comprehensive support and

improvement activities or targeted support and improvement activities under section 1111(d) of 

the ESEA on the basis of consistent underperformance of the disaggregated subgroup of children 

with disabilities, including providing professional development to special and regular education 

teachers, who teach children with disabilities, based on scientifically based research to improve 

educational instruction, in order to improve academic achievement based on the challenging

academic standards described in section 1111(b)(1) of the ESEA.

Section 611 Population/Poverty

The minimum amount that a State must flow through to LEAs based on population/poverty 

equals the total award (Column B) minus the LEA base allocation (Column C), the maximum 

amount available for administration (Column D), and the maximum amount available for other 

State-level activities (Column E, F, G, or H). Of this amount, 85 percent must be distributed on a 

pro-rata basis to LEAs according to public and private elementary and secondary school 

enrollment, and 15 percent on a pro-rata basis to LEAs according to the number of children in 

LEAs living in poverty, as determined by the State.
Page 1

Enclosure D

IDEA Preschool Grants Program

(Part B, Section 619)

Explanation of the Federal Fiscal Year (FFY) 2022 Allocation Table

Total Grant Award (Column B)

Column B shows your total grant award for the Preschool Grants program for FFY 2022 under

the Consolidated Appropriations Act, 2022 (Public Law 117-103).

State total grants are calculated in accordance with several factors. First, each State is allocated

an amount equal to its fiscal year 1997 allocation. For any year in which the appropriation is 

greater than the prior year level, 85 percent of the funds above the fiscal year 1997 level are 

distributed based on each State’s relative population of children aged 3 through 5. The other 15 

percent is distributed based on each State’s relative population of children aged 3 through 5 who 

are living in poverty. The formula provides several minimums and maximums regarding the 

amount a State can receive in any year.

If the amount available for allocation to States remains the same from one year to the next, States 

receive the same level of funding as in the prior year. If the amount available for allocation to 

States decreases from the prior year, any amount available for allocation to States above the

fiscal year 1997 level is allocated based on the relative increases in funding that the States 

received between fiscal year 1997 and the prior year. If there is a decrease below the amount 

allocated for fiscal year 1997, each State’s allocation is ratably reduced from the fiscal year 1997

level.

Maximum State Set-Aside (Column C)

States may reserve funds for State-level activities up to an amount equal to 25 percent of the 

amount they received for fiscal year 1997 under the Preschool Grants program, adjusted upward 

each year by the lesser of either the rate of increase in the State’s allocation or the rate of 

inflation as reflected by the Consumer Price Index for All Urban Consumers (CPIU). If a State 

chooses to set aside the maximum amount of FFY 2022 section 619 funds for State-level 

activities, the amount available for making local educational agency (LEA) base payments in 

Column E may be below 75 percent of the State’s FFY 1997 section 619 grant. 

State educational agencies (SEAs) may use State set-aside funds: (1) for administration (limited 

to no more than 20 percent of the maximum State set-aside – Column C); (2) for support services 

(including establishing and implementing the mediation process required under section 615(e) of 

the IDEA and 34 C.F.R. § 300.506), which may benefit children with disabilities younger than 3 

or older than 5, as long as those services also benefit children with disabilities aged 3 through 5;

(3) for direct services for children with disabilities who are eligible for services under section 

619; (4) for activities at the State and local levels to meet the performance goals established by 

the State under section 612(a)(15) of the IDEA; (5) to supplement other funds used to develop 

and implement a statewide coordinated services system designed to improve results for children 

and families, including children with disabilities and their families (but not more than up to 1 

percent of the amount received under this program); (6) to provide early intervention services 

(which shall include an educational component that promotes school readiness and incorporates 

preliteracy, language, and numeracy skills) in accordance with Part C to children with disabilities 

who are eligible for services under section 619 and who previously received services under Part 

C until such children enter, or are eligible under State law to enter, kindergarten; or (7) at the 
Page 2

State’s discretion, to continue service coordination or case management for families who receive 

services under Part C, consistent with number 6.

Maximum Set-Aside Available for Administration (Column D)

Column D indicates the maximum portion of the total State set-aside amount (Column C) that 

may be used to administer this program. The amount that may be used for administration is 

limited to 20 percent of the maximum amount available to a State for State-level activities. These 

funds may also be used, at the State’s discretion, for the administration of the Grants for Infants 

and Families program (IDEA Part C).

Section 619 Base Payment for LEAs (Column E)

Column E is the portion of the LEA flow-through amount that must be distributed to LEAs based 

on the amounts that the LEAs would have received from the FFY 1997 funds had the SEA 

flowed through 75 percent of the State award to LEAs. Note that this amount is less than the 

minimum amount that States were required to provide LEAs from the FFY 1997 funds. The 

IDEA Part B regulations at 34 C.F.R. § 300.816(b) clarify how adjustments to the base payment 

amounts for LEAs are made. If, after the State set-aside is subtracted from the total award, the 

State determines that the amount available for base payments is less than 75 percent of the 

State’s FFY 1997 section 619 grant, the State must ratably reduce each LEA’s base payment by 

the percentage of the reduction in the total amount actually available for making base payments 

in FFY 2021. For example, if the total amount in the “Base Payment for LEAs” column is $100 

and the total amount available for making base payments in FFY 2022 is $90, the reduction in 

the total base payment amount is 10 percent, and each LEA’s base payment for FFY 2022 must 

be reduced by 10 percent. The State, if necessary, must make base payment adjustments in 

accordance with 34 C.F.R. § 300.816(b) based on the ratably reduced base payments.

Section 619 Population/Poverty Factors (Column F)

Column F shows the minimum amount a State must allocate to LEAs based on population and 

poverty factors if a State chooses to set aside the maximum amount of FFY 2022 section 619 

funds for State-level activities. As noted above, if a State chooses to set aside the maximum

amount of FFY 2022 section 619 funds for State-level activities, the amount available for LEA 

subgrants could be below the base payment amount in Column E, and the State will not have any 

remaining section 619 funds available after making base payments. Therefore, the State would

be unable to make a population or poverty payment. If States with no funds in Column F reserve 

the maximum amount of FFY 2022 section 619 funds for State-level activities, they would be 

unable to make a population or poverty payment.

After a State sets aside funds for State-level activities and makes the required base payments, 85

percent of the remaining amount must be distributed on a pro-rata basis to LEAs according to 

public and private elementary and secondary school enrollment, and 15 percent on a pro-rata 

basis to LEAs according to the number of children in LEAs living in poverty, as determined by 

the State.

Total State Minimum Flow-Through to LEAs (Column G)

The minimum flow-through to LEAs (Column G) is the difference between the Total Grant 

Award (Column B) and the Maximum State Set-Aside (Column C). If States do not choose to 

retain the maximum amount available under the State set-aside (Column C), the remaining funds 

flow through to LEAs in addition to the funds in Column G.
Enclosure E Specific Conditions

I. Basis for Specific Conditions 

The U.S. Department of Education’s (the Department’s) Office of Special Education Programs 

(OSEP), is imposing Specific Conditions on Texas Education Agency’s (TEA’s) Federal fiscal 

year (FFY) 2022 grant award under Part B of the Individuals with Disabilities Education Act 

(IDEA). These Specific Conditions are based on the Specific Conditions placed on TEA’s FFY 

2021 IDEA grant award and are required to ensure that TEA corrects its longstanding 

noncompliance regarding its Dyslexia program, so that the program is implemented and 

monitored consistent with the IDEA’s requirement for the provision of a free appropriate public 

education (FAPE), child find, evaluation, and the State general supervision requirements.

In addition to these Specific Conditions, because TEA is in the early stages of implementing its 

revised monitoring system to address the implementation of the State’s Dyslexia program, 

including the revised Dyslexia Handbook, OSEP reserves the right, and provides notice that, 

consistent with section 431 of GEPA (20 U.S.C. § 1231a), 34 C.F.R. § 76.720, and 2 C.F.R. § 

200.329, the Department may request additional documentation and information regarding any 

of TEA’s activities related to the Dyslexia program and, if appropriate, may conduct additional 

on-site or remote monitoring.

The noncompliance that led to the initial imposition of Specific Conditions on the State’s FFY 

2021 IDEA Part B grant award dates back to OSEP’s February 2017 on-site monitoring visit. 

OSEP subsequently issued findings of noncompliance and required actions in its January 11, 

2018 monitoring report1

 and put TEA on notice of its failure to comply with the certain IDEA 

requirements. On April 23, 2018, TEA submitted its Corrective Action Response (CAR) to 

OSEP. The CAR detailed actions TEA would take to resolve the findings of noncompliance and 

the required actions imposed by OSEP in January of 2018. In an October 19, 2018, letter, OSEP 

required TEA to take certain additional actions to address and demonstrate correction of the 

findings of noncompliance identified in January 2018, and informed TEA that a follow-up visit 

would be conducted in 2019 to monitor TEA’s implementation of the CAR. In January 2019, 

TEA provided additional information about its implementation of the CAR. In May 2019, OSEP 

conducted another on-site monitoring visit to assess TEA’s progress in implementing its CAR, 

and issued a report of the results of its monitoring activities on October 19, 2020. In the 2020 

monitoring report, OSEP concluded that TEA had implemented only one of the items in its April 

2018 CAR and had failed to implement the additional required actions in OSEP’s October 2018 

response to the CAR, despite TEA’s belief that it had completed all actions outlined in its CAR. 

In response to OSEP’s 2020 monitoring report, TEA submitted numerous documents in support 

of its assertion that the findings of noncompliance had been corrected. On August 27, 2021, 

OSEP issued its analysis of TEA’s submissions, determining that TEA had not taken the 

necessary actions to correct all the previously identified noncompliance and requiring additional 

actions to address the continuing noncompliance. On September 28, 2021, TEA submitted 

documentation to show its progress in carrying out the required actions in OSEP’s August 2021 

letter. Based on TEA’s submissions, OSEP determined that the State had not met the required 

actions related to the State’s Dyslexia program and the State’s general supervision 

responsibilities. 

1 A copy of OSEP’s 2018 monitoring report is available at 

https://www2.ed.gov/fund/data/report/idea/dmsrpts/index.html
Page 2 – Enclosure E

On October 1, 2021, pursuant to IDEA section 616(g) and 2 C.F.R. § 200.208, OSEP first 

imposed Specific Conditions on the State’s FFY 2021 grant award under Part B of the IDEA 

due to the State’s longstanding noncompliance with ensuring that the Dyslexia program is 

implemented and monitored consistent with IDEA’s requirements for the provision of FAPE, 

child find, evaluation, and the State general supervision requirements.2

 Summary of the State’s Reporting Under the FFY 2021 Specific Conditions 

With its November 1, 2021 submission, TEA provided to OSEP: 

• A report of the local educational agencies (LEAs) in Texas that provided an assurance 

that they were in compliance with the requirements described in Errata #1, which added 

specific information to the required assurances for the State fiscal year (SFY) 2021-2022 

IDEA Part B Grant Application for LEAs in Texas. This assurance relates to CAR 1.b.

Ensuring All LEAs Have Policies, Procedures, and Programs that Meet IDEA’s Child 

Find and FAPE Requirements. TEA reported that 99.6% of LEAs in Texas provided the 

required additional assurance. 

• A report on TEA’s verification of website postings associated with CAR 1.a, 

Communicating Child Find and FAPE Requirements and Obligations Under IDEA to All 

LEAs; 2.a, Requiring All LEAs to Distribute Information to Each Student’s Family, and 

3.c. Creating a Suite of Information to Share with Parents of Children Suspected of 

Having a Disability under IDEA. In TEA’s document, “OSEP CAR 1.a Verification 

Table”, TEA submitted a stratified random sample of 300 LEAs in Texas that are 

representative of the State with regard to population, geography, and socio-economic 

status. TEA reported that 300 LEAs constitutes a confidence interval of approximately 

.95. This report also included links to the individual LEA websites reviewed and where 

the required postings would be found. 

• A plan to disseminate and train parents, stakeholders, and LEAs, including public charter 

schools that act as LEAs, throughout Texas on the newly revised Dyslexia Handbook, 

occurring from September 2021 through August 2022. This document is titled “Dyslexia 

Handbook –Training, Guidance and Resource Dissemination Planning”. The document 

outlined the resource(s) to be used for training, the audience, the mode of the training, as 

well as a description of the training related to the revised Dyslexia Handbook. TEA also 

explained that the plan was developed in collaboration with stakeholders representing 

various perspectives and regions within the state. 

With its December 15, 2021 submission, TEA provided to OSEP: 

• Documentation outlining the progress TEA had made regarding its training and 

dissemination plan using the “Dyslexia Handbook – Training, Guidance and Resource 

Dissemination Planning” document. This submission documented the training that had 

been completed as of the date of submission and highlighted that TEA held a parent 

webinar in English and Spanish that drew 950 live participants with an additional 1,898 

views of the recorded presentation as of November 30, 2021.

2 Further details regarding the engagement between OSEP and TEA can be found in the background section of the 

October 1, 2021 Specific Conditions at: https://www2.ed.gov/fund/data/report/idea/dmsrpts/index.html#b-tx. Those 

details are incorporated herein by reference.
Page 3 – Enclosure E

• Documentation detailing TEA’s revised monitoring protocols for the Dyslexia Program. 

The submission included two documents: 1. External Desk Review Rubric 12.2021 and 

2. External Dyslexia Program Evaluation Rubric Updated September 2021. TEA 

explained that the External Desk Review Rubric, “[i]s designed to evaluate the local 

education agency’s (LEA) performance on all seven critical areas of compliance 

identified in the diagnostic framework but does not limit the identification of other areas 

of IDEA non-compliance.” These seven areas are Evaluation, IEP [individualized 

education program] Implementation, Properly Constituted Admission, Review and 

Dismissal (ARD) Committees, IEP Content, IEP Development, Transition, and State 

Assessment. The External Dyslexia Program Evaluation Rubric examines the LEA’s 

procedures in the areas of implementation in: (1) Early Intervention and Identification; 

(2) Program of Instruction; and, (3) Parent Communication. 

• Monitoring documentation, and communications for 17 LEAs related to the 

identification and correction of noncompliance in the areas of child find, individualized 

evaluations, and the provision of FAPE. 

With its February 15, 2022 submission, TEA submitted to OSEP:

• A notification that the revised Dyslexia Handbook went into effect on February 10, 

2022. 

• Documentation highlighting progress TEA had made regarding its training and 

dissemination plan using the “Dyslexia Handbook – Training, Guidance and Resource 

Dissemination Planning” document. TEA reported that in response to the revised 

Dyslexia Handbook going into effect, new activities were added to the training and 

dissemination plan. Specifically, TEA required all LEAs to attend training developed by 

TEA on updates to the Dyslexia Handbook. TEA required LEAs to submit a formal 

assurance after participating in the training and it also tracked attendance through an

education service center registration system.

• Documentation related to monitoring and communications with 34 LEAs related to the 

identification and correction of noncompliance identified through monitoring in the 

areas of child find, individualized evaluations, and the provision of FAPE. 

 With its April 15, 2022 submission, TEA provided to OSEP: 

• Documentation highlighting progress TEA had made regarding its training and 

dissemination plan using the “Dyslexia Handbook – Training, Guidance and Resource 

Dissemination Planning” document. Specifically, TEA reported the release of a “To the 

Administrator Addressed” letter (TAA letter) dated March 13, 2022, which outlined the

requirement for LEAs (including public charter schools that operate as LEAs) in Texas 

to designate a staff member to attend training developed by TEA on the revised Texas 

Dyslexia Handbook by no later than August 31, 2022. The TAA letter also required each 

LEA to provide an assurance, through the “Legal Framework” web portal, that it has

placed a link to this TAA letter, in both English and Spanish, on its local public facing 

website, and that it has updated all websites, materials, static resources, and information 

available to parents and staff to reflect the revised Dyslexia Handbook by June 11, 2022.

• Documentation related to monitoring and communications with 29 LEAs related to the 

identification and correction of noncompliance identified through monitoring in the 
Page 4 – Enclosure E

areas of child find, individualized evaluations, and the provision of FAPE. 

With its June 15, 2022 submission, TEA provided to OSEP: 

• Documentation demonstrating the progress that TEA had made regarding its training and 

dissemination plan using the “Dyslexia Handbook – Training, Guidance and Resource 

Dissemination Planning” document. In this document TEA reported that after issuing its 

March 13, 2022 TAA letter, “99% of LEAs in the [S]tate have provided an assurance 

that local websites and resource updates are complete.” Additionally, TEA reported that 

it will verify compliance with the website and resource updates by conducting website 

checks as part of its monitoring in the Fall of 2022. TEA also reported that 

approximately 70% of LEAs in the State have completed the required Dyslexia 

Handbook training and that additional training sessions are scheduled prior to the 

August 31, 2022 deadline. 

• Documentation related to monitoring, and communications with 44 LEAs including 

public charter schools that operate as LEAs, related to the identification and correction 

of noncompliance identified through monitoring in the areas of child find, individualized 

evaluations, and the provision of FAPE. 

OSEP recognizes that TEA has made significant progress toward achieving compliance with

OSEP’s Specific Conditions and IDEA’s requirements for the provision of FAPE, child find, 

evaluation, and the State general supervision requirements. However, as detailed above, TEA 

reported that only approximately 70% of its LEAs have completed the required Dyslexia 

Handbook training and that additional training sessions are scheduled. Additionally, although 

99% of LEAs have uploaded assurances that they have placed a link to the TAA letter on their 

local, public facing websites, and updated all websites, materials, static resources, and 

information available to parents and staff to reflect the revised Dyslexia Handbook, TEA has 

not yet verified whether the assurances are accurate and LEAs are in compliance with this 

requirement. These activities are crucial to ensuring that LEAs are implementing the Dyslexia 

program, including the revised Dyslexia Handbook, consistent with IDEA Part B requirements.

For the reasons listed above, OSEP has determined that TEA has not yet demonstrated that it 

has met the Specific Condition that its Dyslexia program, including the revised Dyslexia

Handbook, are being implemented, disseminated, and monitored consistent with IDEA’s 

requirements for the provision of FAPE, child find, evaluation, and the State general supervision 

requirements. Therefore, OSEP is imposing Specific Conditions on the State’s FFY 2022 IDEA 

Part B grant award based on the Specific Conditions placed on TEA’s FFY 2021 IDEA grant 

award. The Specific Conditions are set forth in the following section. 

II. Specific Conditions

These Specific Conditions are imposed on the State’s FFY 2022 IDEA Part B grant awards 

pursuant to IDEA section 616(g) and 2 C.F.R. § 200.208, by OSEP. The Specific Conditions are 

intended to ensure that the State corrects its longstanding noncompliance with ensuring that the 

Dyslexia program, including the revised Dyslexia Handbook, is implemented and monitored 

consistent IDEA’s requirements for the provision of FAPE, child find, evaluation, and the State 

general supervision requirements, as discussed in further detail below. 

Required Reporting on Areas of Longstanding Noncompliance: TEA must provide additional 

information and reporting in the areas of longstanding noncompliance, as described below. 
Page 5 – Enclosure E

TEA must demonstrate that its Dyslexia program, including the revised Dyslexia Handbook,

is being implemented, disseminated, and monitored in compliance with the general 

supervision responsibilities as required by IDEA sections 612(a)(11) and 616(a)(1)(C), and 

their implementing regulations at 34 C.F.R. §§ 300.149 and 300.600, along with 20 U.S.C. 

1232d(b)(3)(A), to ensure that LEAs throughout the State properly implement IDEA’s child 

find, evaluation, and the provision of FAPE requirements. 34 C.F.R. §§ 300.111, 300.122, 

and 300.300-300.311. TEA must also demonstrate that its Dyslexia program, including the 

revised Handbook, is implemented in compliance with IDEA requirements to ensure that 

FAPE is made available to all children with disabilities residing in the State’s mandated age 

ranges (ages 3 through 21), as required by IDEA section 612(a)(1) and its implementing 

regulation at 34 C.F.R. § 300.101.

• Required reporting on progress: The State must provide periodic updates on the status 

of the revised Dyslexia Handbook dissemination and communication plan to inform 

stakeholders, parents, and LEAs throughout Texas of the changes in the revised Dyslexia 

Handbook. Specifically, with regards to TEA’s training of LEAs on the revised Dyslexia 

Handbook, TEA must provide documentation to the Department verifying the progress or 

completion of its proposed plan of training all LEAs throughout the State. TEA must also 

report on the progress TEA has made, in accordance with its plan, to verify that all LEAs 

in the State have posted the TAA letter on their local, public facing websites, and have 

updated all websites, materials, static resources, and information available to parents and 

staff to reflect the revised Dyslexia Handbook. The reporting period for each progress 

report is reflected below: 

Due Date Reporting Period

October 15, 2022 July 1, 2022 – September 30, 2022

January 15, 2023 October 1, 2022 – December 31, 2022

April 15, 2023 January 1, 2023 – March 31, 2023

June 15, 2023 April 1, 2023 – May 31, 2023

In each progress report, the State must submit the following information:

1. Report to OSEP on the progress TEA has made on its plan to train all LEAs in the 

State on the changes in the revised Dyslexia Handbook, including the number and 

percent of LEAs that have completed the training, and the expected date of 

completion for this requirement.

2. Report to OSEP on the progress TEA has made, in accordance with its plan, to 

verify that all LEAs in the State have posted the TAA letter on their local, public 

facing websites, and have updated all websites, materials, static resources, and 

information available to parents and staff to reflect the revised Dyslexia Handbook, 

including the total number and percent of LEAs for which TEA has verified 

compliance, and the expected date of completion for this requirement.

III. Evidence Necessary for Specific Conditions to be Removed

These Specific Conditions require TEA to submit information, data, and documentation,

as outlined above, demonstrating that the State’s Dyslexia Handbook and program are

being implemented, disseminated, and monitored consistent with IDEA’s: (1) Child 
Page 6 – Enclosure E

Find and individualized evaluation requirements; (2) FAPE requirements; and (3) 

general supervision requirements applicable to States, including proper identification 

and correction of noncompliance. 

The Department will remove these Specific Conditions if, at any time prior to the 

expiration of the FFY 2022 grant year, the State provides documentation, satisfactory to 

the Department, that it has fully met the requirements and conditions set forth above.

IV. Method of Requesting Reconsideration

The State can write to OSEP’s Director, Valerie C Williams, if it wishes the Department 

to reconsider any aspect of the Specific Conditions. The request must describe in detail 

the changes to the Specific Conditions sought by the State and the reasons for those 

requested changes.

V. Submission of Reports

The Commissioner of Education or other authorized official of Texas shall certify the 

completeness and accuracy of each report. TEA must submit all reports required under 

these Specific Conditions by email to: Jennifer.Finch@ed.gov.

Jennifer Finch

U.S. Department of Education

Office of Special Education and Rehabilitative Services

Office of Special Education Programs – MSIP

550 12th Street, S.W., Room 5171

Washington, D.C. 20202