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TEA Corrective Action for Failed IDEA and FAPE Oversight

Talking Points with Dr. Vance Cortez-Rucker

On July 18, 2018, the April 23rd Corrective Action Response statements were sent out via email to all concerned citizens.  I was one of those recipients of the information.  The following information is important due to the corrective action by TEA.   Present principal certification candidates will be responsible for the new information as new questions become available on the exam.  Since the corrective action does impact the campus, it is imperative that the principal candidate understand this information and prepare to answer questions refereeing to the concerns on the exam.

 

Citation 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.

  1. Campus responsibilities
  2. Follow policy, procedure and law ---- document!

 

Citation 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 its implementing regulation at 34 CFR §300.101.

  1. Campus responsibilities
  2. Follow policy, procedure and law ---- document!

 

Citation 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 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.

  1. Campus responsibilities
  2. Follow policy, procedure and law ---- document!

 

Proper documentation and action by the agency and others would have reduced the severity of the present Federal Corrective Action.  As the campus leader, it is YOUR responsibility to follow ALL policy procedure, and law pertaining to the Child Find regulations for your campus.  To do less would not be educationally ethical or responsible.  Documentation is the simple key to these 21st-century challenges.

 

I hope this is useful and you may be assured that TEA will follow through with the corrective action discussed above AND ultimately make sure the LEA’s and their staff (school administration) fully follow through with their responsibilities as well.  One of TEA’s tools to continue growth in this area is to test policy and legal understanding on the present exams for administrators.  Review your SPED and Child Find policies.

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