2009-10 Statewide Systemic Issues of Noncompliance Reported to the CAC in August of 2012
The table below reflects the top five areas of systemic noncompliance as found through TEA’s
monitoring, data collection, complaints investigations and due process hearings compiled in the spring
of 2012. These issues were identified through state supervision activities during FY 2009-10 and the
status of correction is reported in FY 2011-12, which ended June 30, 2012.
FFY 2009-10 Systemic Issues of Noncompliance
1. Evaluations not provided as required [34 CFR §§300.303 and 502, 19 TAC §89.1050 (d)].
2. Individualized Education Programs (IEPs) do not contain all required components [34 CFR
§300.320 and 19 TAC §89.1055].
3. Postsecondary transition not documented appropriately [34 CFR §300.320].
4. Transition from Part C to Part B documented appropriately [34 CFR §303.209].
5. IEP services are not provided as required by the IEP [34 CFR §300.323].
As a reference, monitoring and complaints teams require correction of noncompliance in the following
areas:




The review and revision of the special education operating guidelines;
Steps and procedures that will be taken to correct the student-specific noncompliance (in
complaints and due process hearings, the local education agency (LEA) may be required to
convene an ARDC meeting, perform additional evaluations, provide reimbursements, and/or
determine compensatory services to make up for possible lost educational benefit; a hearing
officer may also determine the need for changing placements for the student with a disability);
Steps and procedures that will be put in place to ensure that the same errors will not occur in
the future; and
How the LEA will monitor itself to know if the noncompliance is being corrected.
TEA Statewide Systemic Issues of Noncompliance
FY 2009-10
Reported August 2012
Page 1
The following table shows the statewide systemic issues of noncompliance identified across state
supervision functions in 2009-10, along with guidance, actions, and resources identified to support
correction.
Statewide Systemic Issue
1. Evaluations and reevaluations are
not conducted in accordance with
regulatory requirements.
 Initial evaluations were not
completed within the
required sixty-day timeframe.
 Reevaluations were not
completed within the
required three-year
timeframe.
 Students were not evaluated
in all areas of suspected
disability.
 Evaluation reports were not
signed by the
multidisciplinary team
members.
 Students were evaluated
without signed, parental
consent.
 Parents were provided with
incomplete notices to
evaluate.
 Reviews of Existing
Evaluation Data were not
conducted in accordance
with regulatory requirements.
TEA Statewide Systemic Issues of Noncompliance
FY 2009-10
Reported August 2012
Page 2
Resources and Guidance
ESC Statewide Leadership Guidance
 Legal Framework for the Child-Centered
Process:
http://fw.esc18.net/display/Webforms/ESC18FW-Summary.aspx?FID=121&DT=G&LID=en
Institutes of Higher Education Grants
 Building Capacity for RtI Implementation –
www.texasreading.org and
http://buildingrti.utexas.org
 SERP - 3Tier Math Intervention –
http://www.meadowcenter.org and
www.earlymathintervention.org/assessment
 University of Houston Learning Disabilities
Intervention Project. http://texasldcenter.org/
TEA Guidance



Division of Curriculum and Special Education
– RtI Guidance.
http://www.tea.state.tx.us/index2.aspx?id=214
7500224
Guide to the Admission, Review, and
Dismissal Process - revised.
http://fw.esc18.net/frameworkdisplayportlet/Do
cuments
/ARD%20Guide%20MAR%202010.pdf
Notice of Procedural Safeguards-revised.
Statewide Systemic Issue
2. IEPs did not have all required
components appropriately
documented
 IEP did not include present levels
of academic achievement and
functional performance.
 IEP did not include goals and
objectives or benchmarks.
 IEP did not include the frequency,
location, and/or duration of
services.
 Progress reports were not
provided to parents.
 State assessment was not
determined or was determined
inappropriately.
 IEP did not include
supplementary aids and services.
 IEP did not reflect consideration
of requirements outlined 19 TAC
§89.1055(e).
 IEP did not include information
related to the transfer of rights to
adult students.
Resources and Guidance
ESC Statewide Leadership Guidance
 Legal Framework for the Child-Centered
Process:
http://fw.esc18.net/display/Webforms/ESC18FW-Category.aspx?DT=G&LID=en
 Standards Based IEP Training.
http://portal.esc20.net/portal/page/portal/doclib
raryroot/publicpages/
Special Education/AGC/PDFs/SBIEPRegProcess.pdf
 Annual Goals Training: see SBIEP training
above
Texas Project FIRST Guidance
 Using the ARD/IEP Agenda to Understand the
Special Education Process:
http://texasprojectfirst.org/Welcome.html
TEA Guidance
 Division of Student Assessment –
TAKS/STAARs Decision-Making Guidance


TEA Statewide Systemic Issues of Noncompliance
FY 2009-10
Reported August 2012
Page 3
Related Service Guidance documents.
http://www.tea.state.tx.us/index2.aspx?id=214
7496881
TEA Optional Model IEP Form
http://fw.esc18.net/display/Webforms/ESC18FW-Documents.aspx?DT=G&LID=en
Statewide Systemic Issue
3. Postsecondary transition was not
addressed in accordance with
regulatory requirements.



No post-secondary transition
goals were present in the IEP.
IEP team did not include
required “transition services
participants.”
Noncompliance was found via
the SPP TEASE data collection
application.
TEA Statewide Systemic Issues of Noncompliance
FY 2009-10
Reported August 2012
Page 4
Resources and Guidance
OSEP Q and A on Transition: http://idea.ed.gov/
Region 11 Training on Transition:
http://www.transitionintexas.org/Page/1
Region 18 Legal Framework:
http://fw.esc18.net/display/Webforms/ESC18-FWSummary.aspx?FID=117
DARS Transition Specialists:
http://sefb320.pbworks.com/w/page/8429406
Texas%20Department%20of%20Assistive
%20and%20Rehabilitative%20Services%20%28DAR
S%29
Statewide Systemic Issue
4. Procedures for transitioning students
from Part C to Part B were not
followed.

Noncompliance was found via
the SPP TEASE data collection
application.
TEA Statewide Systemic Issues of Noncompliance
FY 2009-10
Reported August 2012
Page 5
Resources and Guidance
NECTAC: http://nectac.org/
Statewide Systemic Issue
5. IEP was not implemented as written
with regard to the following:
 Goals
 Accommodations
 Schedule of Services
 Behavior Intervention Plan
(BIP)
 Speech Therapy
 Extended School Year (ESY)
Services
 Instructional Setting
 Assistive Technology (AT)
TEA Statewide Systemic Issues of Noncompliance
FY 2009-10
Reported August 2012
Page 6
Resources and Guidance
ESC Statewide Leadership Guidance
 Legal Framework for the Child-Centered
Process:
http://fw.esc18.net/display/Webfors/ESC18FW-Summary.aspx?FID=121&DT=G&LID=en
 Texas Behavior Support Initiative:
http://www.txbehaviorsupport.org/
Institutes of Higher Education
 Building Capacity for RtI Implementation –
www.texasreading/org and http://building
rti.utexas.org
 SERP – 3Tier Math Intervention –
http://www.meadowcenter.org and
www.earlymathintervention.org/assessment
 University of Houston Learning Disabilities
Intervention Project – http://texasldcenter.org/
TEA Guidance
 Division of Curriculum and Special Education
– RtI Guidance:
http://www.tea.state.tx.us/index2.aspx?id=214
7500224
 Guide to the Admission, Review, and
Dismissal Process:
http://fw.esc18.net/Documents/ARD%20Guide
%20March2012.pdf
 Notice of Procedural Safeguards:
http://fw.esc18.net/Documents/Procedural%20
Safeguards_March%202012.pdf
 Related Services:
http://www.tea.state.tx.us/index2.aspx?id=214
7496881
 ESY:
http://www.tea.state.tx.us/index2.aspx?id=214
7500952