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Today the U.S. Department of Education released the findings of monitoring activities relating to Texas Education Agency's (TEA) compliance with the Individuals with Disabilities Education Act (IDEA). These findings come after the Department's Office of Special Education Programs (OSEP) initiated monitoring following reports about the decline in the number of children identified as children with disabilities eligible for special education and related services in Texas.

In response to the findings, Gov. Greg Abbott has directed Commissioner of Education Mike Morath to take "immediate steps to prepare an initial corrective action plan draft within the next seven days." Additionally, Abbott stated, "the draft plan should be shared with representatives of parent groups, special education advocacy groups, as well as administrators and educators throughout the state." 

Commissioner Morath has issued the following statement in response to the Governor’s directive:

 “I share Gov. Abbott’s urgency to quickly address the issues identified in this federal monitoring report. More importantly, I share the Governor’s commitment to doing what’s right for special education students in our public schools.
 
Since becoming Commissioner, I have worked to strengthen the supports provided to our parents and school systems in properly identifying students in need of services, and then ensuring those services are delivered. For example, we have added significant resources focused on increasing technical assistance and training for our school systems, including 39 statewide special education support staff in the last year. I am committing today that there will be more.
 
The corrective action plan called for by the Governor will outline the specific steps TEA will take to address all the identified issues. Parent and special education advocacy group representatives will play an ongoing integral role in helping shape this plan, as well as all efforts of the agency in the years ahead. My top priority has and continues to be to improve outcomes for all students in Texas.”

U.S. Department of Education Findings Overview:
The monitoring report lists three specific areas in which TEA failed to comply with Federal law:

  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 its implementing regulation at 34 CFR §300.111.
  2. TEA failed to ensure that a free appropriate public education (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 its implementing regulation at 34 CFR §300.101.
  3. TEA failed to fulfill its general supervisory and monitoring responsibilities as required by IDEA sections 612(a)(11) and 616(a)(1)(C) and its implementing regulations at 34 CFR §§300.149 and 300.600 and 20 U.S.C. 1232d(b)(3)(A) to ensure that Independent School Districts throughout the State properly implemented the IDEA's child find and FAPE requirements.

To view OSEP's full monitoring report, click here.
To view OSEP's cover letter, click here.