FAPE Focus: Interpreters

Kendra Yoch,

August 31, 2023

in: FAPE Focus, Uncategorized

TEA recently updated the Administrative Code to provide that “All members of the ARD committee must have the opportunity to participate in a collaborative manner in developing the IEP. The school district must take all reasonable actions necessary to ensure that the parent understands the proceedings of the ARD committee meeting, including arranging for an interpreter for parents who are deaf or hard of hearing or whose native language is a language other than English.” This language tracks the language in the IDEA and therefore does not change the responsibility of districts but is a good reminder about the importance of parental participation, especially for parents who speak languages other than English. Additionally, take care to document in the IEP paperwork who provided interpretation services and note in the deliberations the questions and input of the parent at the meeting. Ask yourself: If a hearing officer were reviewing this IEP, would it be clear that the parent understood the meeting and participated?
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New Student? New Rules

Kendra Yoch, Taylor Montgomery,

August 28, 2023

in: IEPs

When a student transfers to the district during the school year with an IEP, the IDEA provides rules for providing services to the student. If a student moves during the summer, the IDEA is silent, other than the general rule that an IEP must be in effect for all eligible students on the first day of school. The Texas regulations provide timelines to adopt or create a new IEP for transfer students, and revised regulations in effect starting this school year provide additional details and shorten some of those timelines. The requirements can seem a bit confusing because they vary depending on whether the student is transferring intrastate or interstate and during the school year or summer. We have summarized the requirements for you in the chart below.

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Introducing Thompson & Horton’s FAPE Focus

August 23, 2023

in: FAPE, FAPE Focus

Introducing Thompson & Horton’s FAPE Focus, a series of short posts on our SpEd Law Spotlight blog to provide timely updates, practical tips, and useful reminders. First up: TEA has released the form required by HB 3928 that districts must provide to parents when there is reason to suspect a student may have dyslexia and need specialized instruction. The TEA FAQ clarifies that TEA expects districts to provide the form to parents when the district proposes to conduct an IDEA evaluation for dyslexia, refuses to conduct such an evaluation, and when the district proposes or refuses to conduct an IDEA evaluation for any other suspected disability. Districts should incorporate provision of the form into their practices starting immediately.

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TEA Provides Clarification on the Implementation of HB 3928 

Amber King, Kendra Yoch, Taylor Montgomery,

August 11, 2023

in: Uncategorized

As you gear up for the beginning of the school year, your special education teams are likely discussing the new dyslexia bill, HB 3928, and how these recent legislative changes will impact your operations. In case you missed it, we provided an overview of the bill’s new requirements on our blog back in June, which you can find here. 

On August 3, 2023, TEA released an FAQ guidance document in an effort to assist local education agencies in the implementation of HB 3928 while the State Board of Education works to update the Dyslexia Handbook. While we highly recommend a thorough review of the entire FAQ document, below is a summary of TEA’s current guidance on some of the more common questions we have been receiving. 

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New Accelerated Instruction Requirements Call for Changes to Policies & Procedures for 2023-2024

Taylor Montgomery, Aluwet Deng,

August 4, 2023

in: Legislation, Operating Procedures

In the wake of the pandemic, House Bill 4545 left school districts scrambling to figure out how to address learning loss for all students, including students with disabilities, through accelerated instruction. School districts were cautiously optimistic that the most recent legislative session would ease many of the burdens of House Bill 4545. In June 2023, the Texas Legislature passed House Bill 1416—otherwise known as the House Bill 4545 ‘Clean-Up Bill—which introduces new changes to the accelerated education environment. While House Bill 1416 narrows some requirements for school districts, it broadens others.  

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