Individuals with Disabilities Education Act (IDEA) implementation in Texas

Thomas Olson filed this request with the Texas Education Agency of Texas.
Tracking #

42003

Est. Completion April 9, 2020
Status
Fix Required

Communications

From: Thomas Olson


To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

According to 34 C.F.R, §300.211 and §300.645 of the Individuals with Disabilities Education Act (IDEA), each local public school district (LEA) must provide to the Texas Education Agency “information relating to the performance of children with disabilities participating in programs carried out under Part B” of IDEA so that, among other actions, the SEA can (1) “obtain certification from each [LEA] that an unduplicated and accurate count [of students who have been identified as having a disability(s)] has been made,” (2) “[a]ggregate the data from the count obtained from each [LEA],” and (3) “[e]nsure that documentation is maintained that enables [the Texas Education Agency] and the [US Department of Education] to audit the accuracy of the count.”

Furthermore, according to 34 C.F.R, § 300.111, the Texas Education Agency “must have in effect policies and procedures to ensure that [a]ll children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated.”

34 C.F.R, § 300.131 and 34 C.F.R, § 300.132(c) further mandate, respectively, that (1) “[e]ach LEA must locate, identify, and evaluate all children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA” and (2) “[e]ach LEA must maintain in its records, and provide to the SEA, the following information related to parentally-placed private school children covered under §§ 300.130 through 300.144: (1) The number of children evaluated; (2) The number of children determined to be children with disabilities; and (3) The number of children served.”

In light of 34 C.F.R, § 300.132(c) and the other above-quoted regulations, I respectfully request the following information for the past 5 years:

• The total number of public school students in each LEA who have been referred to child-find.
• The total number of charter school students in each LEA who have been referred to child-find.
• The total number of home-schooled students in each LEA who have been referred to child-find.
• As applicable, the total number of private school students in each LEA who have been referred to child-find.
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• The total number of public school students in each LEA who have been evaluated for disability(s).
• The total number of charter school students in each LEA who have been evaluated for disability(s).
• The total number of home-schooled students in each LEA who have been evaluated for disability(s).
• As applicable, the total number of private school students in each LEA who have been evaluated for disability(s)
__

• The total number of public school students in each LEA who have been determined to have a disability(s).
• The total number of charter school students in each LEA who have been determined to have a disability(s).
• The total number of home-schooled students in each LEA who have been determined to have a disability(s).
• As applicable, the total number of private school students in each LEA who have been determined to have a disability(s).
__

• The total number of public school students in each LEA who have been served.
• The total number of charter school students in each LEA who have been served.
• The total number of home-schooled students in each LEA who have been served.
• As applicable, the total number of private school students in each LEA who have been served.

Under Sections 611 and 619 of IDEA, the Texas Education Agency (SEA) receives each year grants from the federal government to provide special education and/or related services to eligible students. In accord with 34 C.F.R, § 300.705, the SEA then allocates subgrants to each LEA.

In light of Sections 611 and 619 and 34 C.F.R, § 300.705 and all other pertinent regulations, I respectfully request the following information for the past 5 years:

• The total IDEA allocation/grant received by the Texas Education Agency (SEA)
• The total IDEA allocation/grant received by each LEA.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Thomas Olson

From: Texas Education Agency

Public Information Request

Receipt Acknowledgement

March 26, 2020

Thomas Olson

MuckRock News

TEA PIR #42003

Dear Mr. Thomas Olson:

Thank you for contacting the Texas Education Agency. I want to acknowledge receipt of your request. Your request number is PIR # 42003.

Our Public Information Request Coordinators are processing your request in coordination with the area(s) that may have the responsive information/data. A response to your request should be provided on or before 10 business days: April 9, 2020. Should you not receive a response within this timeline, please do not hesitate to contact our office and ask to speak to one of our Coordinators.

If you have any questions or wish to discuss this matter further, please contact me by email at PIR@tea.texas.gov<file:///C:/Users/fzuma/AppData/Local/Temp/PIR@tea.texas.gov>.

Sincerely,

Sherry Mansell

Public Information Coordinator

Enclosure: Original Request

From: Texas Education Agency

Public Information Request

Request for Clarification

March 30, 2020

Thomas Olson

MuckRock News

TEA PIR #42003

Dear Mr. Thomas Olson:

On March 26, 2020, the Texas Education Agency (TEA) received your public information request (PIR). A copy of your original request is enclosed. Because your request is unclear or overbroad, please contact our office by reply email, to provide a clarification or narrowing of your request based on the explanation below.

TEA staff needs clarification of the request as currently phrased. Your request items are underlined and the clarifications questions are bulleted below each request item.

The total number of public school students in each LEA who have been referred to child-find.

TEA began collecting data related to the number of referrals to special education in 2018-2019. The referral data for 2018-19 and reports on public and charter schools are combined, and is not disaggregated.

Prior to 2018-2019, TEA did not collect the number of students referred to child-find (special education). The agency collected the number of children for whom written parental consent to evaluate was received by districts.

* Are you interested in only referral data or in data for the number of students for whom written parental consent to evaluate was received?
* TEA data collections do not include home-school students. You may contact the Texas Home School Coalition at: www.thsc.org<http://www.thsc.org>
* TEA data collections do not include private schools. You may contact the Texas Private School Accreditation Commission at: www.tepsac.org<http://www.tepsac.org>

The total number of public school students in each LEA who have been evaluated for disability(s).

* The data is not disaggregated by charter and public schools.
* TEA data collections do not include home-school students. You may contact the Texas Home School Coalition at: www.thsc.org<http://www.thsc.org>
* TEA data collections do not include private schools. You may contact the Texas Private School Accreditation Commission at: www.tepsac.org<http://www.tepsac.org>

The total number of public-school students in each LEA who have been determined to have a disability(s).

TEA only collects data on students who were determined eligible for special education services (found to have a disability AND in need of special education services).

The agency does not collect data on the number of students who were determined to have a disability but NOT in need of special education services.

* Are you interested in how many students were determined to have a disability AND in need of special education services?
* This data includes charter schools. The data is not disaggregated by charter and public schools.
* TEA data collections do not include home-school students. You may contact the Texas Home School Coalition at: www.thsc.org<http://www.thsc.org>
* TEA data collections do not include private schools. You may contact the Texas Private School Accreditation Commission at: www.tepsac.org<http://www.tepsac.org>

The total number of public-school students in each LEA who have been served. See TEA PEIMS Standard Reports partial data link provided below. To the extent you seek additional data beyond that provided on our TEA PEIMS website, please provide more details.

* Can you define what is meant by serve?
* Do you want the total number of students served in special education for a certain year, or are you seeking for the number of students who had initial evaluations and began receiving special education services for a certain year?
* What type of services are you inquiring about, i.e. homeless, foster, English as a Second Language (ESL), Limited English Proficient (LEP), or Gifted and Talented (GT)?

The total IDEA allocation/grant received by the Texas Education Agency (SEA)

* Are you seeking the amounts awarded to TEA and awarded by TEA to each LEA or the amount actual received since grant award are not always fully earned.
* By the "past 5 years", do you want the past 5 state fiscal years (September – August) or the past 5 calendar years?

You may send your clarification by mail, fax, or e-mail. Additionally, you may deliver your clarification in person to our office.

Public Information Coordinator

Texas Education Agency

1701 North Congress Avenue

Austin, Texas 78701-1494

FAX: (512) 463-1022 | Email: PIR@tea.texas.gov

Per Section 552.222 of The Government Code, a PIR is considered withdrawn and closed by operation of law if a written response to the request for clarification or additional information is not received within 61 days.

Partial Release of Data available on the TEA Website

The responsive information can be accessed at no cost to you on our website, see information and links below.

The total number of public school students in each LEA who have been served.

The total number of charter school students in each LEA who have been served.

The information is available in one of TEA PEIMS Standard Reports.

* Go to https://rptsvr1.tea.texas.gov/adhocrpt/adspr.html.
* Select a year in the first box, and
* Select "Statewide District Totals" in the second box.
* If you would like to download a file, select "Comma-delimited File." Click "Next."

• Use the Charter Status column to determine if the LEA is charter school district or traditional ISDs/CSDs.

* Find "Total Students Receiving Special Education Services" column for the number of students who have been served.
* See the link to PEIMS Student Program and Special Populations Report Criteria: https://rptsvr1.tea.texas.gov/adhocrpt/Standard_Reports/About/About_StudentProgram.html

The total IDEA allocation/grant received by each LEA.

Three years’ worth of this information is currently available on our website at: https://tea.texas.gov/finance-and-grants/grants/state-federal/grants-awarded-data

* Under the Current Grant Balances by Recipient section, in the Federal Grant Awards by Grantee for School Years 2017-2018, 2018-2019, and 2019-2020 document (either PDF or Excel). The columns named Grant Title and Total Award Amount would contain the responsive information.

Federal Grant Awards by Grantee for School Years 2017-2018, 2018-2019, and 2019-2020 (Excel<https://tea.texas.gov/sites/default/files/Federal_Award_20200302.xlsx>)

https://tea.texas.gov/sites/default/files/Federal_Award_202000302.pdf

* The Grants division is currently working on providing information for the 2015-2016 and 2016-2017 school years.

If you have trouble accessing the information, let me know and we can look at alternative ways to access the information by inspection or duplication or through the US mail.

If you have any questions or wish to discuss this matter further, please contact me by email at PIR@tea.texas.gov.

Sincerely,

Sherry Mansell

Public Information Coordinator

Enclosure: Original Request

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