How does TEA decide if there has been a violation of the IDEA?
TEA will review all of the available information to determine whether the LEA met the requirements of the IDEA and relevant state law. If TEA determines that the LEA has violated an IDEA requirement, TEA will “substantiate” the allegation (confirm that it is true). With regard to allegations involving the appropriateness of an eligibility determination, an individualized education program (IEP), or a placement decision, TEA will first evaluate whether the LEA followed the required procedures to reach its determination, and second, whether the LEA reached a decision that is consistent with the IDEA in light of the child’s abilities and needs. TEA will find that the LEA has complied with the IDEA if the LEA has followed required procedures, applied required standards, and reached a determination that is reasonably supported by the child-specific data. Although decisions of the Admission, Review, and Dismissal (ARD)/IEP team (ARD Committee, in Texas) cannot be overturned by TEA, TEA can o
