| (A) the failure to provide appropriate services, including
corrective action appropriate to address the needs of the student,
including compensatory services, monetary reimbursement, or other
corrective action appropriate to the needs of the student; and
(B) appropriate future provision of services for all
students with disabilities.
(7) In accordance with 34 CFR, §300.600(e), the
public education agency must complete all required corrective actions
as soon as possible, and in no case later than one year after the
TEA's identification of the noncompliance. A public education agency's
failure to correct the identified noncompliance within the one-year
timeline will result in an additional finding of noncompliance under
34 CFR, §300.600(e), and may result in sanctions against the
public education agency in accordance with §89.1076 of this title
(relating to Interventions and Sanctions).
(f) If a party to a complaint believes that the TEA's
written report includes an error that is material to the determination
in the report, the party may submit a signed, written request for
reconsideration to the TEA by electronic mail, mail, hand-delivery,
or facsimile within 15 calendar days of the date of the report. The
party's reconsideration request must identify the asserted error and
include any documentation to support the claim. The party filing a
reconsideration request must forward a copy of the request to the
other party at the same time that the request is filed with the TEA.
The other party may respond to the reconsideration request within
five calendar days of the date on which the TEA received the request.
The TEA will consider the reconsideration request and provide a written
response to the parties within 45 calendar days of receipt of the
request. The filing of a reconsideration request must not delay a
public education agency's implementation of any corrective actions
required by the TEA.
(g) In accordance with 34 CFR, §300.151, the TEA's
complaint resolution procedures must be widely disseminated to parents
and other interested individuals, including parent training and information
centers, protection and advocacy agencies, independent living centers,
and other appropriate entities.
(h) In exercising its general supervisory authority
under 34 CFR, §300.149 and §300.600, the TEA may resolve
any other credibly alleged violation of IDEA or a state special education
statute or administrative rule that it receives even if a sufficient
complaint is not filed with the TEA in accordance with 34 CFR, §§300.151-300.153,
and this section. In doing so, the TEA may take one or more of the
following actions:
(1) requesting a response and supporting documentation
from a public education agency against which a credible violation
of IDEA or a state special education statute or administrative rule
has been alleged;
(2) conducting a desk or on-site investigation of a
public education agency;
(3) making a determination regarding the allegation(s);
and
(4) requiring a public education agency to implement
corrective actions to address any identified noncompliance.
(i) For the purposes of subsection (h) of this section,
anonymous complaints, complaints that are received outside the one-calendar-year
statute of limitations for a special education complaint, and complaints
that do not include sufficient information or detail for the TEA to
determine that an alleged violation of special education requirements
may have occurred will not be considered to be credible complaints.
(j) If the public education agency against which a
complaint is received under subsection (h) of this section believes
that TEA made an incorrect determination of noncompliance, the public
education agency may submit a written request for reconsideration
to the TEA within 15 calendar days of the date that TEA issued its
findings. The reconsideration request must identify the asserted error
and include any documentation to support the claim. The TEA will consider
the reconsideration request and provide a written response to the
public education agency within 45 calendar days of receipt of the
request. The filing of a reconsideration request must not delay a
public education agency's implementation of any corrective actions
required by the TEA.
|
| Source Note: The provisions of this §89.1195 adopted to be effective December 31, 2013, 38 TexReg 9552; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective March 22, 2017, 42 TexReg 1247; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective January 18, 2023, 48 TexReg 133 |
