Archive for the ‘Office of Special Education Programs’ Category

TEA Responds to USDE Special Education Concerns

TEA issues news release on November 2, 2016. ESC 13 SPED Compliance Team: Ann Jinkins, Lori Merrell, Joy Hunsucker, Elizabeth Danner, or Linda McDaniel at  

OSERS Dear Colleague Letter on Children with Disabilities in Nursing Homes

A “Dear Colleague” letter was released April 26, 2016 regarding the responsibilities of States and school districts in addressing the special educational needs of children with disabilities who reside in nursing homes. The letter clarifies that children with disabilities residing in nursing homes and their parents have the same rights under IDEA that apply to […]

OSEP Guidance on MOE

OSEP issued OSEP Guidance MOE 2015 on the final LEA Maintenance of Effort (MOE) regulations under IDEA-B. These regulations are effective on July 1, 2015. The major changes include: 1) clarification of the eligibility standard; 2) clarification of the compliance standard; 3) explanation of the subsequent years rule and 4) specification of the consequences for […]

Revised IDEA-B Regulations Pertaining to Maintaining Fiscal Effort

On April 28, 2015, final regulations related to IDEA-B LEA MOE were published in the Federal Register. Revised 34 CFR 300.203 Refer to Table 8 in the link above for information on the MOE Eligibility Standard.  The 2015-2016 BS6016 schedule set for production may not fully reflect the exact language from the final rule. However, TEA […]

USDE Encourages Use of Informal Dispute Resolution Options

In a recent USDE Letter dated April 15, 2015, the department encourages LEAs to use informal means, when possible, to resolve differences with parents. In Texas, LEAs are encouraged to use three levels of facilitation as a alternative to the formal procedures of complaint, mediation and due process hearings. The letter concludes by stating: LEAs […]

Public Review and Comment Period: Proposed Texas Application for IDEA-B Funds

Deadline for Submitting Public Comment: March 31, 2015 For the state of Texas to receive its IDEA Part B grant funds each federal fiscal year, TEA must complete an application packet and submit it to the USDE Office of Special Education Programs (OSEP). Prior to submission to OSEP, the State Application (Texas) will be available for public […]

Updated IDEA MOE Action Plan

TEA issued a TTAA letter on September 30, 2013 with updated information on IDEA MOE. The letter follows further communication between TEA and USDE regarding requirements for calculating IDEA Maintanence of Effort (MOE). The letter gives a newly revised action plan and timeline for FY 2009, FY 2010, FY 2011, FY 2012, and FY2013 IDEA MOE determinations. This […]

IDEA MOE: Proposed Amendments to IDEA-B Regulations

USDE is seeking public comment from States and LEAs on proposed amendments to the IDEA-B regulation regarding maintenance of effort (MOE). The proposed regulations seek to clarify existing policies on how the LEA meets MOE requirements with the local-only-expenditure tests, total and per capita. The changes stress that the purpose of the local MOE provision […]

Letter on Educating Highly Mobile Children with Disabilities

The Texas Education Agency (TEA) has forwarded a letter from the United States Department of Education (USDE) concerning the provision of services to children who are highly mobile, including military-connected children, migrant children, children in foster care and children who are homeless. These children experience incredible challenges and the USDE and TEA seek your assistance in ensuring that they […]

OSEP Letter on LRE for Preschool Children with Disabilities

The Office of Special Education Programs has issued a letter reminding LEAs that IDEA’s LRE requirements apply to all children ages 3-21, this includes preschool children with disabilities.  The letter is a response to inquiries received by the USDE regarding LRE requirements under Part B of the IDEA to preschool children with disabilities. If you […]

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