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The Department of Education’s mission is to promote student achievement and preparedness for global competiveness by 

fostering educational excellence and ensuring equal access.

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

OCT 19 2018

Honorable Mike Morath

Commissioner

Texas Education Agency

1701 N. Congress Ave.

Austin, Texas 78701

Dear Commissioner Morath:

This letter is to provide you with the Office of Special Education Program’s (OSEP) response to 

the Texas Education Agency (TEA) corrective action response (CAR). On April 23, 2018, TEA 

provided the CAR to OSEP to address OSEP’s January 11, 2018 monitoring findings related to 

the State’s implementation of the Individuals with Disabilities Education Act (IDEA).

We appreciate the dedication and attention that TEA has demonstrated in response to OSEP’s 

findings of noncompliance. The Enclosure to this letter references the actions that TEA 

identified in response to each of OSEP’s required corrective actions and provides OSEP’s

response to TEA’s submission. OSEP acknowledges that the CAR outlines a number of 

necessary steps that TEA is taking, and plans to take, to address the findings included in OSEP’s 

report. OSEP will work with TEA to schedule an additional onsite monitoring visit in early 2019 

at which time we will review the State’s progress in implementing the CAR and associated 

IDEA requirements.

OSEP appreciates the significant work that TEA has engaged in over the past year to improve the 

provision of special education and related services in Texas. We look forward to ensuring the 

successful implementation of the activities referenced in the CAR, and future resolution of the 

three findings of noncompliance. 

If you have any questions or wish to request technical assistance, please do not hesitate to call 

your OSEP State Lead, Leslie Clithero, at 202-245-6754.

Sincerely,

/s/

Ruth E. Ryder

Acting Director

Office of Special Education Programs

Enclosure

cc: Justin Porter

State Director for Special Education
OSEP Response to Texas Corrective Action Response 10/17/18

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OSEP Requirement #1: Documentation that the State’s system of general supervision requires 

that each local educational agency (LEA)1 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. 

 TEA Response 1.a. provides that TEA will “[c]ommunicate to all LEAs the Child Find 

and FAPE requirements and obligations in IDEA.” TEA’s timeline for completion of this 

corrective action is specified as November 17, 2016 and February 26, 2018. TEA’s 

Documentation/Evidence of Progress/Completion includes: a letter from the Deputy 

Commissioner dated November 17, 2016, which predated OSEP’s February 2017 

monitoring visit, reminding every LEA of their child find and monitoring obligations to 

prevent the over-identification of students with disabilities; and a letter dated February 

26, 2018, which was issued after OSEP’s/OSERS’ January 11, 2018 monitoring report, 

reiterating LEA’s child find obligations and responsibilities, including when parents 

request an evaluation under the IDEA and the relevant State provisions.

o OSEP Response to TEA Response 1.a.: OSEP expects that TEA will identify and 

describe the additional activities it has carried out or is implementing, including 

providing the timeline for completion of such additional activities and the 

Documentation/Evidence of Progress/Completion of the activities. 

 TEA response 1.b. provides that TEA will review and ensure that the assurance 

statements it receives from LEAs clearly convey that the LEA has accepted and assured 

compliance with relevant IDEA requirements. TEA’s timeline for completion of this 

corrective action is January 10, 2019. TEA’s Documentation/Evidence of 

Progress/Completion is that 100% of LEAs who receive IDEA formula and discretionary 

funds have provided the requisite assurances and documentation that they have policies, 

procedures, and programs in effect that are consistent with State policies and procedures 

under 34 CFR §§300.101 - 300.163 and 300.165 - 300.174 (34 CFR §300.201). 

o OSEP Response to TEA Response 1.b.: TEA must develop a process, as part of its 

general supervisory responsibility, to identify a representative sample of LEAs in the 

State and conduct a review of their policies and procedures relating to Child Find, 

evaluations, and FAPE. Any information or documentation collected by TEA to 

satisfy this requirement should be maintained for possible review by OSEP in 

conjunction with future monitoring of TEA.

 TEA response 1.c. provides that TEA will “[r]evise monitoring protocols and document 

review requirements to ensure evidence of supervision activities related specifically to 

 

1 OSEP used the term “Independent School District (ISD)” as used in Texas, for purposes of the monitoring letter. 

However, for consistency, in this response, OSEP will use “LEA”, as it is the term used in IDEA. 
OSEP Response to Texas Corrective Action Response 10/17/18

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implementing regulations for Child Find and FAPE requirements.” TEA’s timeline for 

completion of this corrective action is December 1, 2018. The Documentation/Evidence 

of Progress/Completion is that TEA will produce evidence of monitoring protocols that it 

will use for on-site and desk reviews that include information-gathering activities 

targeting LEAs’ implementation of Child Find and FAPE requirements.

o OSEP Response to TEA Response 1.c.: OSEP appreciates TEA’s efforts and agrees 

that properly revising monitoring protocols to review implementation of the relevant 

requirements is an important way for TEA to exercise its general supervision 

authority in this area. Therefore, OSEP requires TEA to submit the revised 

monitoring protocols by December 1, 2018. OSEP will review the revised monitoring 

protocols and provide feedback, if needed, which may be provided in conjunction

with a future on-site visit. OSEP will also review TEA’s implementation of the 

revised monitoring protocols as part of the State’s implementation of corrective 

actions associated with the report.

 TEA Response 1.d. provides that TEA will “[m]ake 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.” TEA’s timeline for 

completion of this corrective action is December 1, 2018. TEA’s 

Documentation/Evidence of Progress/Completion is TEA’s Special Education Dispute 

Resolution Handbook and “pamphlets that offer quick reference to parents about the 

dispute resolution programs.”

o OSEP Response to TEA Response 1.d.: OSEP appreciates TEA’s response indicating 

that communications will be easily accessible and understandable. Please note that, to 

the extent that these materials are used to provide the procedural safeguards notice 

required by 34 CFR §300.504, TEA also must ensure that this information is provided 

to parents in their native language or other mode of communication used by the 

parent, unless clearly not feasible to do so, and in language that is understandable to 

the general public, consistent with 34 CFR §300.503(c).2 

 TEA Response 1.e. provides for “ongoing training of hearing officers, mediators, and 

complaints investigators regarding legal provision [sic] of Child Find.” TEA’s timeline 

for completion of this corrective action is December 1, 2018. TEA’s Documentation/

Evidence of Progress/Completion only includes “the most recent training conducted by 

an independent expert in the field of special education law.”

o OSEP Response to TEA Response 1.e.: TEA must provide documentation of 

trainings of hearing officers, mediators, and complaint investigators from January 11, 

2018 through the end of the correction period. 

 

2 Whether or not this information is included in the procedural safeguards notice, TEA also has an obligation to 

ensure that the information is effectively communicated to parents who are limited English proficient, in a language 

they can understand, consistent with Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d, (Title VI) and the 

Equal Educational Opportunities Act of 1974, 20 U.S.C. §1703(f), (EEOA).
OSEP Response to Texas Corrective Action Response 10/17/18

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OSEP Requirement # 2: A plan and timeline by which TEA will ensure that each LEA will (i) 

identify, locate, and evaluate children enrolled in the LEA 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. 

 TEA response 2.a. provides that TEA will require all LEAs to “distribute information to 

every enrolled student’s family regarding IDEA’s Child Find and FAPE requirements 

and obligations, to inform them of their rights under IDEA and to provide contact 

information to request an initial evaluation.” TEA’s timeline for completion of this 

corrective action is December 1, 2018. TEA’s Documentation/Evidence of 

Progress/Completion includes that 100% of LEAs will have “materials to publish on their 

website” and that “LEAs must provide assurance [sic] of having met this requirement 

through the Legal Framework.”

o OSEP Response to TEA Response 2.a.: OSEP requests that TEA provide additional 

information to describe TEA’s “Legal Framework” and its relationship to this 

corrective action. In addition, with regard to the published materials that TEA has 

committed to provide for LEAs to post on their websites, TEA must explain, where 

applicable, how it will ensure LEAs communicate this information to families 

through means other than postings on websites, when necessary. Further, to the extent 

that these documents are utilized in fulfilling the IDEA’s parent notice requirements

in 34 CFR §300.503, 34 CFR §300.504, or 34 CFR §300.612, they must meet the 

requirements for accessible communications in 34 CFR §300.503(c), and if these 

published materials are not provided to meet IDEA’s notice requirements, they meet 

the effective communication requirements for parents who are limited English 

proficient as described in footnote 2 above.

 TEA response 2.b. provides that “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.” TEA’s timeline for completion of this corrective action is December 1, 2018. 

TEA’s Documentation/Evidence of Progress/Completion states that 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.”

o OSEP Response to TEA Response 2.b.: OSEP will review the following information

in conjunction with a future on-site visit: (i) the specific guidance and information 

TEA provides to its LEAs related to LEA legal responsibilities; (ii) specific details of

TEA’s plan to inform 100 percent of its LEAs of their legal responsibilities related to 
OSEP Response to Texas Corrective Action Response 10/17/18

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identification and evaluation of all eligible children and TEA’s guidance for LEAs 

regarding subsequent additional service; and, (iii) TEA’s plan and implementation 

procedures to monitor how LEAs are distributing this information internally (see 

Requirement #4). OSEP will provide feedback, if needed, in conjunction with a future 

on-site visit and review of TEA’s implementation of the guidance as part of the 

State’s implementation of corrective actions associated with the report.

 TEA response 2.c. provides that TEA will require LEAs to collect and retain data that 

includes: (i) each request for an evaluation made during the 2018-2019 school year; (ii) 

whether the reason for the request indicates a claim that the child should have been 

referred for an initial evaluation prior to the 2018-2019 school year; and (iii) if the child 

is found eligible, whether compensatory services are needed. LEAs may produce this 

data to TEA upon request, or through approved TEA data collection procedures. TEA’s 

timeline for completion of this corrective action is September 1, 2018. TEA’s 

Documentation/Evidence of Progress/Completion is that 100% of LEAs will receive 

information relating to this requirement and notice of how TEA will collect this data.

o OSEP Response to TEA Response 2.c.: OSEP recognizes the efforts TEA has made

in proposing that LEAs collect and retain this data to address corrective action #2. It 

is OSEP’s understanding that TEA will use this data to determine that each LEA: (i) 

identifies, locates, and evaluates children enrolled in the LEA who should have been 

referred for an initial evaluation under the IDEA, and (ii) provides technical 

assistance, as appropriate, to IEP Teams as they 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. OSEP will, 

possibly in conjunction with future monitoring activities, review these efforts.

OSEP Requirement # 3: A plan and timeline by which TEA will provide guidance to LEA staff 

in the State, including all general and special education teachers, necessary to ensure that LEAs 

(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 LEA’s schools, consistent with 34 CFR §300.503(c). 

 TEA Response 3.a. states that “[u]pon 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 
OSEP Response to Texas Corrective Action Response 10/17/18

6

IDEA.” TEA’s timeline for completion of this corrective action is November 1, 2018. 

TEA’s Documentation/Evidence of Progress/Completion is the completed, approved, and 

adopted Dyslexia Handbook. 

o OSEP Response to TEA Response 3.a.: OSEP will review the revised Texas Dyslexia 

Handbook.

 TEA response 3.c. provides that TEA “will leverage resources to enable the creation of a 

suite of information intended to be shared with 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. TEA states that it will 

“provide resources and guidance to support LEA understanding of IDEA and state statute 

compliance.” TEA’s timeline for completion of this corrective action is December 1, 

2018. TEA’s Documentation/Evidence of Progress/Completion is that “100% of LEAs 

will receive materials that can be used to: present their statutory and professional 

requirements to their local school boards; publish information on their websites; and,

provide assurances of this requirement through the Legal Framework.”

o OSEP Response to TEA Response 3.c.: OSEP requires TEA to provide additional 

information. TEA must: (i) provide for OSEP’s review a representative sample of the 

documents it has produced to satisfy this Corrective Action. As previously noted, to 

the extent that the materials are utilized to meet the requirements of 34 CFR 

§§300.503, 300.504 and 300.612 they must be provided in a manner that is consistent 

with the accessible communication requirements in 34 CFR §300.503(c) and if not 

provided to meet IDEA’s notice requirements, the published materials must meet the 

requirements for effective communication with parents who are limited English 

proficient as described in footnote 2 above). TEA must specify how it will ensure

LEAs’ broader dissemination of these materials, to the extent that not all families in 

Texas may have access to such websites.

OSEP Requirement # 4: A plan and timeline by which TEA will monitor LEAs’ 

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 response 4.a. states that “TEA will restructure Agency oversight with increased 

capacity and monitoring expertise, ensuring a balanced system of compliance and resultsdriven 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.” TEA’s timeline for completion of this corrective action is that the 

reorganization will be completed by August 2018. TEA’s Documentation/Evidence of 

Progress/Completion is the transition of the Special Education monitoring duties from 
OSEP Response to Texas Corrective Action Response 10/17/18

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School Improvement to Special Populations (in the Office of Academics) as part of a new 

Review and Support Team. Until the transition is complete, TEA will require School 

Improvement to include specific monitoring requirements to review LEAs’ 

implementation of the IDEA child find, evaluations, and FAPE requirements “and other 

requirements of IDEA found in this Corrective Action Response.”

o OSEP Response to TEA Response 4.a.: TEA must maintain a plan and timeline that

specifies how its overall monitoring system will be implemented to ensure 

compliance with the statutory and regulatory provisions of the IDEA that are reflected 

in these corrective actions. TEA must specify how it will identify noncompliance by 

each LEA and describe the specific actions it may take to ensure that LEAs correct 

any noncompliance identified as soon as possible, but in no case later than one year 

from the State’s identification of the noncompliance, as required by 34 CFR 

§300.600(e). OSEP will review the implementation of TEA’s plan and timeline in 

conjunction with future monitoring activities

 TEA Response 4.b. specifies that 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. TEA’s timeline 

for completion of this corrective action is December 2018. TEA’s 

Documentation/Evidence of Progress/Completion is that at least six stakeholder meetings 

would be held between May 2018 and December 2018, inclusive of representative 

stakeholder groups.

o OSEP Response to TEA Response 4.b.: OSEP appreciates TEA’s continuing efforts 

to obtain and respond to stakeholder input. Because of the value of this input and 

OSEP’s previous outreach in the State, OSEP will continue to request updates from 

TEA to learn of ongoing and meaningful stakeholder involvement as TEA 

implements the corrective actions outlined in this response.