Texas Legislative Update for June 2017

Chuck Noe, PRN Education Specialist,  shares his insights on newly signed Texas legislation.  Please keep in mind that even though a bill is effective immediately, the Texas Education Agency (TEA) must go through the process of developing and posting rules before schools can begin implementing some of the laws.

HB 657 

An ARD committee (IEP team) may promote a student to the next grade level if the committee concludes that the student has made sufficient progress in the measurable academic goals contained in the student’s IEP despite not passing the STAAR.  At the beginning of each school year, a district must inform parents of the options of the ARD committee if the student does not perform satisfactorily on an assessment instrument.  Effective immediately

HB 1645 

If a district allows a student to participate in a Special Olympics event, they must allow the student to earn a district letter.  This seems to be addressing a “fairness” or discrimination issue.  Effective immediately

SB 160

TEA may not adopt or implement a performance indicator in any agency monitoring system, including the performance-based monitoring analysis system, that solely measures a school district’s or open-enrollment charter school’s aggregated number or percentage of enrolled students who receive special education services.  TEA may still collect and examine data to determine whether significant disproportionality based on race or ethnicity is occurring in the state and in the school districts and open-enrollment charter schools.  Effective 5/22/2017

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6 Options for Resolving an IEP Dispute

No matter how good your relationship with a school, there may come a time when you and the school disagree over what’s best for your child. Conflicts can arise over the amount or quality of services that the school is providing in your child’s Individualized Education Program (IEP). Sometimes the disagreement may be about your child’s placement.

The good news is that the Individuals with Disabilities Education Act (IDEA) gives you several ways to resolve disputes. Here are six options for resolving an IEP dispute:

1. Informal Negotiation: Talking with the School during IEP Meetings

You’re part of the IEP team. In fact, you can call an IEP team meeting at any time. An IEP meeting brings together you, your child’s general and special education teachers and the school to discuss your child’s education.

Just calling this meeting is powerful way to jump-start a solution. Perhaps your child’s IEP requires an hour of speech therapy a week, but you find out that the school has skipped several weeks of therapy. You can call an IEP team meeting immediately to discuss how to fix this problem.

2. Mediation: A Voluntary Process with Third-Party Help

If the IEP process isn’t working, you can ask for mediation. This is a free, confidential and voluntary process where you sit down with the school and a neutral third party, called a mediator, to work out a solution.

The mediator doesn’t take sides or tell you what to do. Instead, the mediator tries to help you reach a solution with the school that works for everyone. You can ask for mediation at any time. The decisions agreed to in mediation are legally binding.

Learn more about mediation >>

3. Due Process Hearing: Starts with Formal Complaint, Ends with Decision

Due process is a formal way of resolving disputes under IDEA. You start this process by filing a due process complaint. The due process complaint is a written document that spells out your dispute with the school and must state a violation of IDEA. It might be in reference to your child’s eligibility for special education services, or it could be in reference to the types and quality of services received.

Due process is a serious and involved legal process. It’s a good idea to speak with a special education lawyer before you file a complaint.

Learn more about Due Process:

4. Civil Lawsuit: Going to Court After Due Process

If you don’t win the due process hearing, you have the option of filing a lawsuit in state or federal court within 90 days (the school can also file a lawsuit). This is one the most extreme legal options and requires a lawyer. You can only file a civil lawsuit after you’ve gone through due process.

5. State Complaint: Asking the State to Step In

In addition to the options above, you can also file a state complaint about a school’s violation of IDEA within one year. This is basically a letter to the state department of education asking for an investigation.

Organizations and groups of parents can file state complaints. For instance, you can get together with other parents and file a state complaint if you see a school issue that affects more than just your child. Once a complaint is filed, the state may investigate and decide if the school violated IDEA. States have their own rules on how these complaints are handled.

Learn more about State Complaints:

6. Office for Civil Rights Complaint: Going to the Feds

Section 504 of the Rehabilitation Act protects students with IEPs from discrimination. Section 504 gives you even more options for resolving disputes. The most important is a complaint to the Office for Civil Rights (OCR) of the U.S. Department of Education. An OCR complaint has to be filed within 180 days of the school’s violation. Just like with a state complaint, an OCR complaint may lead to an investigation of the school.

TEA Special Education Dispute Resolution Systems Handbook

TEA has revised their Special Education Dispute Resolution Systems Handbook.  PRN Education Specialist, Chuck Noe, has reviewed the Handbook and shares his perspective on changes that have been made to it.

The introduction to TEA’s Special Education Dispute Resolution Systems Handbook says “Because the parties will need to work together in the future on matters relating to a student’s educational program, TEA’s policy is to encourage resolution of disagreements at the local level if possible. As long as a student remains in the school district, the parties will need to maintain a cooperative relationship to make future decisions about a student’s special education program. Often, parties are able to resolve disagreements by holding an ARD committee meeting, which the parent may ask for at any time, or a meeting that includes other school personnel, such as a campus administrator or the special education director, or other school district administrators or support personnel. Some school districts use neutral meeting facilitators to assist ARD committees in resolving disagreements. Parents interested in having a locally provided facilitator at an ARD committee meeting should begin by contacting their school district to learn what their options are and to ask about availability.”

Key terms are defined, then frequently asked questions (FAQs) are addressed for the four resolution processes. This factsheet discusses key FAQs for each, but readers should read the section(s) of interest to them.

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