Improve Special Education Program Monitoring and Enforcement

Goal: Texas needs an education system that works for all children and a monitoring system that makes sure it does.

Problem: As the State’s education agency, the Texas Education Agency (TEA) is responsible for ensuring that school districts provide students with disabilities a quality education and that the Individuals with Disabilities Education Act (IDEA) is appropriately implemented. However, the current monitoring system does not include all necessary measures of school district performance regarding special education and behavioral supports or meaningful enforcement of IDEA implementation.

Specific Recommendations for Change:

The Disability Policy Consortium recommends that the Texas Legislature:

• Provide funding for an adequate number of TEA staff and/or contract with Educational Service Centers to provide sufficient monitoring and enforcement of public school special education programs; and
• Increase TEA’s role in monitoring IDEA implementation and holding local districts accountable by:
  • Collecting data regarding the number of complaints, mediation requests, due process hearing requests, and the outcomes and costs.
  • Adding performance indicators to the monitoring system that reflect problems with identification, discipline and placement.
  • Mandating on-site review/technical assistance when the monitoring process reveals problems with a particular district.

Background: In 2003, the Texas Legislature reduced state monitoring of school district special education programs and as a result, TEA significantly limited its monitoring functions. TEA’s current monitoring functions are inadequate and do not include all necessary measures of school district performance regarding special education and behavioral supports.

It is crucial for the success of the special education system in Texas that all schools are held accountable for IDEA implementation. Because the current monitoring and enforcement system is inadequate, schools districts do not consistently implement special education programs. However, if local districts believe that TEA is meaningfully monitoring special education and dispute resolution outcomes, positive changes will occur. Therefore, TEA must effectively monitor IDEA implementation and hold local districts accountable for violations of the IDEA and state laws.

Justification: A comprehensive special education monitoring and accountability system ensures improved educational results and functional outcomes for all children with disabilities. This helps to ensure that students receive an appropriate education and transitions to a productive life after high school.