TEA Provides Clarification on the Implementation of HB 3928 

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. 

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

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.  

Prepare for Additional Changes Related to Dyslexia Evaluation and Instruction in 2023-2024 

HB 3928, also known as the Beckley Wilson Act, is waiting to be signed by the Governor after passing the House and Senate. The bill originated from a parent-led, grassroots group named Texas Dyslexia Coalition and was strongly supported by other disability advocacy groups across the state. Although the message behind the bill was that it was intended to codify the Dyslexia Handbook and provide clarity for schools, the original bill contained significantly more onerous requirements for districts. With the work and collaboration of groups like TCASE and the voices of special education staff and evaluators, the final bill resulted in something more workable and agreeable for all. 

Don’t You Forget About Me: OSEP Policy Letter Sheds Light on Rights of Students Who Have Graduated 

Phew! It’s the day after graduation, and your school district is finally off the hook for a potential state complaint you have been fearing the legal guardian of a student with disabilities would file against the district for months. Not so fast! On March 30, 2023, the Office of Special Education Programs (OSEP) (part of the U.S. Department of Education) released a policy letter relating to the rights of students who have graduated. Letter to Oettinger, which is dated March 2, 2023, addresses the following issues:  

(1) Must a State Educational Agency (SEA) resolve a complaint if the child who is the subject of the complaint has graduated? 

(2) Must an SEA resolve a complaint that alleges systemic noncompliance based on facts related to a child who has graduated? 

IEP Spotlight: Dos and Don’ts of Annual Goals

Today, we continue a series of articles focused on the components of a great IEP. We previously posted about the importance of and tips for successful IEP implementation, progress monitoring, and the statement of PLAAFP. In this post, we will cover the annual statement of goals, which is another critical component of the IEP. Like the statement of PLAAFP, the statement of annual goals is an outcome determinative element of the IEP, meaning it can be the reason a hearing officer finds the district did or did not offer FAPE. Keep reading to understand what is required and how to ensure every IEP includes an effective and compliant statement of annual goals.