![]() The enclosure to the January 11, 2018, letter includes the corrective action plan TEA was required to implement. ![]() Staff in another ISD noted that a child can be dually identified as having dyslexia under Section 504 and the IDEA, and therefore could be served under both Section 504 and the IDEA, however the child would only receive services through the State’s dyslexia program rather than any additional services through the IDEA. Yet in another ISD, a staff member indicated that a child can qualify for special education and related services under the IDEA for dyslexia only when there is another disability present. Hence, students suspected of struggling with Dyslexia remained unevaluated for special education.įor those students who were referred for an initial evaluation, OSEP identified inconsistent practices among the school districts.įor example, in one ISD, staff indicated that in cases where a child with dyslexia does not qualify for special education and related services under the IDEA, the ISD may provide the child with services through the State dyslexia program under Section 504. OSEP identified TEA's practice of refusing to evaluate students who were struggling to read unless the child presented a second "potentially disabling condition". In addition, OSEP emphasized TEA's overall failures related to children who have Dyslexia. 2003-2004 school year to 2016-2017 school year: The number of children identified as children with disabilities under the IDEA declined from 509,401 to 477,281 students, yet the enrollment increased by 1,031,099 students during the same time period. ![]() January 11, 2018, OSEP issued a Differentiated Monitoring Support (DMS) letter of findings and enclosure that includes the following: In 2016, the Houston Chronicle launched the series “ Denied: How Texas keeps tens of thousands of children out of special education.” The series caught the attention of OSEP, which reached out to TEA, and then started investigating the agency. ![]() TEA has a long history of failing to address the unique needs of children and providing them a free appropriate public education. The content of OSEP's May 4, 2023, letter isn't a surprise, although the letter being listed as a "DMS Close-out Letter" is an eyebrow raiser. OSEP made this finding during a February 13 and 14 onsite meeting with TEA staff to "discuss and review the evidence submitted as required by the Specific Conditions imposed on the State’s FY 2022 Individual with Disabilities Education Act (IDEA) grant award, dated July 1, 2022." A State of Noncompliance §§ 300.301-306)." In light of this finding, TEA has 30 days from the date of the May 4, 2023, letter to provide OSEP with a status report on AISD's evaluation backlog, "as well as its plan for bringing AISD into compliance with IDEA and its implementing requirements." May 4, 2023, OSEP Director Valerie Williams issued a letter to TEA Commissioner Mike Morath, stating OSEP discovered TEA has been investigating Austin Independent School District (AISD) for more than a year, "due to the district's years-long backlog of special education evaluations, as required by the child find and evaluations requirements (34 C.F.R. Department of Education (USDOE) Office of Special Education Programs (OSEP) announced it will continue its years-long monitoring of Texas Education Agency (TEA). 6.21.23: Article updated to include IDEA Part C October 5, 2020, DMS Monitoring Report September 20, 2021, DMS status letter and response chart and May 2, 2023, DMS closeout letter.
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