Responsibilities and Timelines Regarding Parent Requests for Special Education Evaluations under the IDEA, TEC, and TAC

A new “To The Administrator Addressed Correspondence” letter has been posted on the TEA website:

February 26, 2018

SUBJECT: Responsibilities and Timelines Regarding Parent Requests for Special Education Evaluations under the Individuals with Disabilities Education Act (IDEA), the Texas Education Code (TEC), and the Texas Administrative Code (TAC).

In late 2016, the U.S. Department of Education’s Office of Special Education Programs (OSEP) initiated visits to Texas to learn about referral, child find, and evaluation practices within the state’s special education system. On January 11, 2018, OSEP released a final monitoring report detailing its findings1

The purpose of this letter is to:

1. Provide a brief overview of OSEP’s findings

2. Articulate and confirm obligations mandated under IDEA

3. Provide information related to TEA’s next steps

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TEA extends survey deadline for special education corrective action draft plan

The Texas Education Agency (TEA) has extended the comment deadline for its online survey soliciting feedback on a draft corrective action plan for special education. The online survey period will now run through Tuesday, Feb.20.

At the direction of Governor Greg Abbott, TEA drafted an initial corrective action plan regarding the support and delivery of special education services in the state’s public schools. The initial draft addresses all issues identified in a recent federal monitoring report, including the proper identification of special education students and assuring access to appropriate services at the local level.

The survey, which is available on the TEA website (, is open to anyone wishing to provide input on the draft plan. It is one part of TEA’s ongoing outreach effort to hear from special education students, families, educators, advocacy groups, district and school officials, and all others seeking to provide input on the plan.

The survey takes approximately 15 to 20 minutes to complete. To fully understand and effectively respond to the questions in the survey, participants are encouraged to first read TEA’s draft corrective action plan.

Following this initial round of public comments, a revised draft plan will be available in early March. Additional public comment will be accepted through March 31.

To review the draft plan, visit the TEA website at

View the original TEA news release >

TEA’s Special Education Data Sharing Request

On Monday, June 19, 2017, the Texas Education Agency (TEA) sent the following letter to school administrators titled “Special Education Data Sharing Request – Eligibility for Reimbursement“. Many parents might wonder if sharing IEPs with the state is a violation of confidentiality. FERPA rules allow state education agency staff to view records for several purposes, including research. We believe the U.S. Department of Education is most likely aware that this will be part of TEA’s response to their report of the investigation of special education services in Texas.

The Texas Education Agency (TEA) is committed to supporting districts, schools, and teachers as we strive to serve all our students well. As educators, we share a commitment to ensuring that all students, including those with disabilities, achieve academic success.

As part of this continued commitment, we are embarking on a process to utilize data from many sources and stakeholders to inform our long-term policy and programmatic goals to improve outcomes for students served by special education. Your participation in this project is important because the data from a large sample will help to ensure that we create a plan that is effective and responsive to the needs of all our students.

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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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Feds to visit Texas to ask residents about special education

The U.S. Department of Education is coming to Texas to to continue an investigation into whether the state is illegally keeping students with disabilities out of special education services after learning of the Houston Chronicle articles on special ed services in TX.

Federal officials will hold public listening sessions” with students, parents, advocates and educators in Houston, Dallas, Austin, El Paso and Edinburg next month, the department said. The meetings will take place during the week of Dec. 12.

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