Special Education Corrective Actions & Updates: OSEP Monitoring Requirements

1. PLACE TITLE TEXT HERESUBTITLE Special Education Corrective Actions Status and Updates

2. OSEP Timeline of Events January 2018 Letter from OSEP April 2018 TEA Corrective Action Response and Strategic Plan October 2018 OSEP Response to TEA Response January 2019 Submit Corrections to OSEP Early 2019 OSEP revisit

3. OSEP Requirement #1 Documentation that the State requires each LEA comply with Child Find regulation; and Makes FAPE available to all eligible children with disabilities Cited under 34 CFR §300.111 and §300.101

4. Response to Child Find/FAPE Requirement #1 Sent TAAs (Nov. 2016, Feb.2018) outlining district responsibilities for assuring Child Find and FAPE Legislation passed eliminating the PBMAS indicator as written in (TEC §29.0011) for monitoring AND requiring parent notification for inclusion in “intervention strategies” as defined in (TEC §26.0081) Continued requirement for specific Child Find and FAPE assurance on LEA eGrant application for funds Monitoring protocols being revised. 120 LEAs were selected for submission of Child Find/FAPE Policies & Procedures Additional dispute resolution materials & training of hearing officers and complaints staff

5. OSEP Requirement #2 A plan and timeline to ensure each LEA: • Identifies, locates, and evaluates children who should have been referred; and • Consider, on an individual basis, additional services for those children who were later found eligible

6. Response to Child Find Requirement #2 Provided a mandatory revised Student Handbook statement provided to all districts and on website Developed additional data collection for LEAs to submit through State Performance Plan 11 (SPP 11) TEAL system Providing LEAs with the opportunity to receive additional evaluation capacity funding for increased needs. Application currently available through March 22, 2019 https://projects.esc20.net/page/eval.home

7. OSEP Requirement #3 A plan and timeline by which TEA will provide to ensure that: • General education supports don’t delay or deny a child’s right to an initial evaluation and services under IDEA • LEAs are provided with information about differences between RtI, Dyslexia, Section 504 and IDEA supports and services • LEAs disseminate information to staff and parents

8. Response to Dyslexia/RTI/Section 504 Requirement #3 Update of the Dyslexia Handbook – was passed by full committee of SBOE in November. Reviewed Parent Guide and Procedural Handbook Suite of Resources being developed and will be distributed to all LEAs to disseminate Developing a statewide framework of MTSS encompassing academic, behavioral, and social and emotional interventions Developing a self-assessment tool for LEAs in determining RtI/MTSS strengths and improvement areas

9. Biggest Questions about Dyslexia vs. Special Education Q1: Must a student with suspected dyslexia present a second, potentially disabling condition in order to be referred under IDEA? Q2: Where do I serve a student with Dyslexia, through Section 504 or Special Education? A1: No. Dyslexia is a condition that could qualify a child as a child with a specific learning disability under the IDEA. A2: It depends on the individual programmatic needs of the child.

10. OSEP Requirement #4 A plan and timeline by which TEA will monitor ISDs’ implementation of the IDEA requirements described above when struggling learners suspected of having a disability and needing special education and related services under the IDEA are receiving services and supports through RTI, Section 504, and the State’s dyslexia program.

11. Response to Monitoring Requirement #4 Hired review and support teams Developing plan for monitoring for all LEAs: Desk Audits and On-site visits on a 6-year cycle On-site visits will occur this Spring with LEAs that volunteered to be part of the first monitoring visit as a pilot study May 22, 2019—TEA Presentation with ESC-20 Special Education Directors

12. Risk Assessment Index YES NO Cyclical Monitoring Risk Based Monitoring Very Low or Low Risk Moderate to High Risk Very Low or Low Risk (Random) Sustained High Risk Comprehensive Desk Review Targeted Desk Review Escalation On-Site Review Corrective Action? YES NO Monitoring Activities

13. What does this mean to me? Ensure all special education policies, procedures, operating guidelines, and practices are implemented and monitored accordingly in special education and general education settings. Review and coordinate child find practices, including general education supports. Track all evaluation data on an ongoing basis. Update Student Handbook Statement. Disseminate required resources to all stakeholders (Suite of Resources that are pending). Submit assurances via the Legal Framework and SPP 11 data via TEAL. Consider staffing implications due to an increased number of students served in special education.

14. EDUCATION SERVICE CENTER, REGION 20 Serving the Educational Community For more information, please contact: Sherry Marsh sherry.marsh@esc20.net 210-378-5408