TEA notification to Carrollton-Farmers Branch Independent School District of an investigation of non-compliance with IDEA, in particular Assistive Technology.
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1701 North Congress Ave. • Austin,Texas 78701-1494 • 512 463-9734 • 512 463-9838 FAX • www.tea.state.tx.us Hoh e rt So') ;.it Notice of Special Education Complaint and Request for Response June 30, 2011 John Gorman Complainant 10104 Norman Court Irving, TX 75063 Bobby Burns Superintendent Carrollton-Farmers Branch ISD P.O. Box 115186 Carrollton, TX 75011 Randi Wells Special Education Director Carrollton-Farmers Branch ISD 2115 East Frankford Road Carrollton, TX 75007 Co-Dist: 057-903 FY: 2010-11 Complaint No.: 20116673 To the Individuals Addressed: On June 22, 2011, the Texas Education Agency (TEA) received a written complaint from John Gorman on behalf of Jacob Buentipo Gorman. TEA has jurisdiction to investigate allegations of violations of the Individuals with Disabilities Education Act (IDEA) under 34 CFR §§ 300.151 — 300.153. Under these regulations, allegations must be based on violations that occurred within one calendar year of the filing of the complaint. Written guidance concerning TEA's complaint resolution process may be found on TEA's website. A hard copy of the guidance document may be provided upon request. RESOLUTION BEFORE TEA INVESTIGATION It is TEA's policy to encourage and support local education agencies (LEA) and complainants to resolve special education disputes at the local level, which means to resolve the disputes themselves, if possible. TEA's policy also encourages and supports the resolution of special education disputes in a prompt, efficient, and effective manner. A pending complaint may be resolved by one or more of the following options: Local Resolution: If the parties achieve local resolution of all issues and the complainant wishes to withdraw the complaint, the complainant must contact the investigator assigned to their complaint either by phone, mail, fax, or email. TEA will then provide the parties with written notice that the issues have been resolved and that the complaint has been closed. If all of the issues are not resolved, the complainant must inform the investigator of the remaining issues to be investigated. Mediation: If the parties agree to mediation, a request for mediation may be faxed to TEA's Office of Legal Services at (512) 475-3662 or (512) 463-6027. Requests for mediation may also be mailed or hand delivered to TEA. Mediation is not available to third party complainants. If both parties agree, TEA's timeline for resolving the complaint may be extended to allow the parties to engage in mediation. The parties should promptly inform the assigned investigator that they have agreed to mediation and whether they have agreed Contact the Division of IDEA Coordination: (512) 463-9414 FAX: (512) 463-9560 www.tea.state.tx.usis pec i a Led/
Transcript
1701 North Congress Ave. • Austin,Texas 78701-1494 • 512 463-9734 • 512 463-9838 FAX • www.tea.state.tx.us
Hoh ert So') ;.it
Notice of Special Education Complaint and Request for Response June 30, 2011
John Gorman Complainant 10104 Norman Court Irving, TX 75063
On June 22, 2011, the Texas Education Agency (TEA) received a written complaint from John Gorman on behalf of Jacob Buentipo Gorman. TEA has jurisdiction to investigate allegations of violations of the Individuals with Disabilities Education Act (IDEA) under 34 CFR §§ 300.151 —300.153. Under these regulations, allegations must be based on violations that occurred within one calendar year of the filing of the complaint. Written guidance concerning TEA's complaint resolution process may be found on TEA's website. A hard copy of the guidance document may be provided upon request.
RESOLUTION BEFORE TEA INVESTIGATION It is TEA's policy to encourage and support local education agencies (LEA) and complainants to resolve special education disputes at the local level, which means to resolve the disputes themselves, if possible. TEA's policy also encourages and supports the resolution of special education disputes in a prompt, efficient, and effective manner. A pending complaint may be resolved by one or more of the following options:
Local Resolution: If the parties achieve local resolution of all issues and the complainant wishes to withdraw the complaint, the complainant must contact the investigator assigned to their complaint either by phone, mail, fax, or email. TEA will then provide the parties with written notice that the issues have been resolved and that the complaint has been closed. If all of the issues are not resolved, the complainant must inform the investigator of the remaining issues to be investigated.
Mediation: If the parties agree to mediation, a request for mediation may be faxed to TEA's Office of Legal Services at (512) 475-3662 or (512) 463-6027. Requests for mediation may also be mailed or hand delivered to TEA. Mediation is not available to third party complainants. If both parties agree, TEA's timeline for resolving the complaint may be extended to allow the parties to engage in mediation. The parties should promptly inform the assigned investigator that they have agreed to mediation and whether they have agreed
Contact the Division of IDEA Coordination: (512) 463-9414 FAX: (512) 463-9560 www.tea.state.tx.usis pec i a Led/
to extend TEA's timeline. The parties should also promptly inform the assigned investigator of any progress made in mediation.
If all issues are resolved through mediation, the complainant may withdraw the complaint by contacting the investigator assigned to their complaint either by phone, mail, fax, or email. TEA will then provide the parties with written notice that the issues have been resolved and that the complaint has been closed. If any issues were not addressed in the mediation and the parties did not agree to extend the timeline, TEA will address the issues through the complaint resolution process within 60 calendar days of the date that the complaint was
filed unless the complainant withdraws the complaint. Questions about mediation should be directed to TEA's Office of Legal Services at (512) 463-9720.
Early Resolution Proposal: By July 14, 2011, the LEA may submit an early resolution
proposal (ERP). An ERP is a proposal to address the allegations based on the LEA's own investigation of the complaint. The LEA should meet with the complainant to discuss the
proposed corrections, if possible to do so without violating student confidentiality requirements. If the complainant accepts the ERP and wishes to withdraw the complaint, the complainant must contact the assigned investigator who will then provide the parties with written notice that the complaint has been resolved and that the investigation has been
closed. If the LEA submits an ERP that has not been accepted by the complainant, TEA will determine the extent of any necessary investigation and will incorporate the LEA's proposed corrective actions into its investigative report as appropriate. The LEA is still required to provide TEA with a written response to the complaint as well as the documentation requested below even if the LEA submits an ERP.
Additionally, if the LEA corrects the noncompliance and provides documentation that the noncompliance was corrected before TEA issues a finding, TEA may choose not to make a finding.
TEA INVESTIGATION If a pending complaint is not resolved before TEA completes its investigation, TEA will issue an Investigative Report resolving the complaint based on TEA's investigation. TEA's authority to investigate this complaint is described below. If the parties have questions regarding the issues that will and will not be investigated, please contact the assigned investigator at (512) 463-9414.
Issue within TEA's Jurisdiction: TEA has determined that it has jurisdiction to investigate the issue set forth below.
Did the LEA ensure that the student's individualized education program (IEP) was developed,
reviewed, and/or revised with regard to assistive technology according to required procedures? [34 CFR §300.324]
Issues not to be investigated: TEA has determined that the following issues will not be investigated for the reasons set forth below.
The issues regarding the LEA's failure to provide the student with an "appropriate education,"
related services, and least restrictive environment are not supported by facts. With regard to what
constitutes a fact in support of an allegation, facts include information related to the name(s) of specific student(s) affected by the alleged violation, specific details outlining when the alleged violation occurred, specific details outlining what occurred during or as a part of the alleged
violation, specific details outlining where the alleged violation occurred, and specific details outlining how the alleged violation occurred. If the complainant submits a complaint that alleges a violation of special education requirements and that includes facts to support the allegation(s), TEA will take appropriate action at that time.
INFORMATION FROM THE COMPLAINANT The complainant has the right to submit additional information for TEA to consider in the investigation by submitting copies of any relevant documentation to TEA no later than July 14, 2011. Note that only copies should be provided, because originals cannot be returned. The complainant may provide the legible copies in portable document format (.pdf) scanned to CD/DVD disk. The complainant may also provide a copy of any additional information to the LEA, which may assist the parties in resolving the dispute themselves.
INFORMATION AND RESPONSE FROM THE LEA The LEA must provide a written response to each allegation and identify any documentation that supports the LEA's position with regard to an allegation. The LEA must also provide legible copies of the documents listed below by July 14, 2011. Note that only copies should be provided, because originals cannot be returned. The documents must be page numbered, indexed, and be included in a binder or scanned to CD/DVD disk. The LEA may provide the legible copies in portable document format (.pdf) scanned to CD/DVD disk. If scanned to CD/DVD disk, organize documentation in folders relative to the numbered items listed below.
1. Provide any information that may be helpful in the investigation of this complaint. For example, if the LEA investigated or attempted to resolve the matters outlined in the complaint, a copy of the investigative findings and efforts, including supportive documentation (for example, copies of logs, correspondence, and/or student work samples) may be provided.
2. Provide any records of communication/conferences with the complainant regarding the issues in this complaint.
3. Provide a list of LEA staff who are knowledgeable about the complaint, including each person's position, location, and contact information.
4. Provide a copy of or the URL to the LEA's policies, procedures, and practices specific to the issue under investigation.
5. Provide a copy of the LEA's 2010-11 school year calendar. 6. Provide a copy of the admission, review, and dismissal committee (ARDC) report/IEP in
effect at the beginning of the 2010-11 school year, including copies of the ARDC meeting notices to the parent.
7. Provide a copy of all ARDC report generated for the student during the 2010-11 school year, including copies of the ARDC meeting notices to the parent.
8. Provide a response, with supporting documentation, to the complainant's allegation that the LEA failed to provide the student with assistive technology specific to the student's visual impairment needs.
9. Provide a copy of any evaluation report, including reports from independent education evaluations, considered by the student's ARDC during the 2010-11 school year with regard to the student's visual impairment and/or services.
10. Provide a copy of the student's academic and IEP progress reports. 11 Provide a copy of the learning media assessment conducted for the student, if any.
Note: Audio submission must include a transcription of the section of the audio relevant to the allegation and must note the section of the audio from which the transcription was taken.
To assist the parties in resolving the dispute themselves, the LEA may provide a copy of its written
response and documentation to the complainant unless doing so would violate student confidentiality requirements.
SUBMISSION OF INFORMATION AND RESPONSE
The complainant and the LEA may submit information to TEA by mail, in person, or by fax to:
Ron Roberts Texas Education Agency Division of IDEA Coordination William B. Travis Building 1701 N. Congress Avenue Austin TX 78701-1494 Phone: (512) 463-9414 Fax: (512) 463-9560
DEADLINES AND TIMELINES As stated above, the LEA's response and documentation and any additional information from the complainant are due by July 14, 2011.
TEA is required to issue its decision within 60 calendar days from the date on which the complaint was received. TEA may, however, extend the 60-calendar-day timeline for exceptional circumstances (e.g., the occurrence of an unforeseen crisis, a complaint that relates to a large number of students, and/or a complaint that alleges systemic violations) or if the parties agree to extend the timeline to engage in mediation. Conversely, TEA may expedite a complaint by completing the investigation as quickly as possible if it concerns the failure to provide special education or related services to a student eligible to participate in the LEA's special education program.
TEA's decision in this matter is due on August 21, 2011.
TEA'S DECISION TEA will consider all of the relevant information submitted by both parties and will issue a written decision that addresses each allegation and that contains findings of fact, conclusions, and the reasons for the decision. TEA's written decision is final because the complaint resolution process does not include a process for appeals.
Please contact me at (512) 463-9414 if you have any questions about the complaint resolution process.
