The Texas Education Agency (TEA) released their  final Corrective Action Plan, now called The Special Education Strategic Plan on April 23, 2018. The updated plan can be found by clicking HERE.

The Arc of Texas joined Disability Rights Texas this week to review and comment on the Special Education Strategic Plan/Corrective Action Plan. This video can be found on Disability Right Texas’ Facebook page HERE.

You can view The Arc of Texas’ final comments to TEA that we submitted prior to the final release of the plan HERE.

Next, The United States Department of Education will review the submitted plan and provide further guidance. We will continue to keep you informed on any developments.

You can still share your comments and concerns by contacting your local legislators and the Governor’s Office. Special education will not be fixed with a plan alone, it will take commitment and resources. To find out who represents you at the State Capitol, click HERE. To contact the Governor’s office, click HERE.

It is important that your elected officials hear from you!

BACKGROUND

On January 11, 2018, The U.S. Department of Education (DOE) Office of Special Education and Rehabilitation Services released their findings after a 15 month investigation into Texas’ performance indicator that capped special education enrollment at 8.5%. The DOE determined that Texas systematically denied students with disabilities the federally required services and supports they needed to succeed in school. Specifically they found that:

 

  1. TEA failed to ensure that all children with disabilities residing in the State who are in need of special education and related services were identified, located, and evaluated, regardless of the severity of their disability, as required by IDEA section 612(a)(3) and it’s implementing regulation at 34 CFR §300.111.
  2. TEA failed to ensure that FAPE was made available to all children with disabilities residing in the State in Texas’s mandated age ranges (ages 3 through 21), as required by IDEA section 612(a)(1) and it’s implementing regulation at 34 CFR §300.101.
  3. TEA failed to fulfill it’s general supervisory and monitoring responsibilities as required by IDEA sections 612(a)(11) and 616(a)(1)(C), and their implementing regulations at 34 CFR 300.149 and 300.600, along with 20 U.S.C. 1232d(b)(3)(A), to ensure that ISDs throughout the State properly implemented the IDEA child find and FAPE requirements.

 

The U.S. Department of Education Office of Special Education and Rehabilitative Services has since directed TEA to develop a Corrective Action Plan to help the students of the denied class, provide professional development for educators and school district leadership about federal IDEA and 504 requirements and put a system in place to ensure this never happens again.

 

 

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