December 13, 2004

To the Administrator Addressed:

ACTION REQUIRED

SUBJECT: Electronic Submission of Local Education Agency (LEA) Policies and Procedures

Pursuant to 34 Code of Federal Regulations (CFR) §300.220, each local education agency (LEA) must have on file with the Texas Education Agency (TEA) its policies and procedures that are consistent with State policies and procedures governing special education. Since April 2004, Region 18 education service center (ESC), statewide lead for the Legal Framework, has worked closely with ESCs to provide leadership to the State in the electronic submission of LEA policies and procedures through the online Legal Framework for the Child-Centered Process Phase III “Policies and Procedures: A Blueprint for Success” (Legal Framework-Phase III) at http://framework.esc18.net/. Beginning as early as May 2004, ESCs have been providing training and assistance to LEAs regarding the online submission of policies and procedures through the Legal Framework-Phase III. The online policies and procedures format allows districts the opportunity to make this very important information readily available to community stakeholders, as well as provide the State with an effective and efficient way to manage this federal requirement. As a result of the systemic approach the ESCs have provided to the online submission process, to date, over 850 of the 1,040 LEAs have submitted their policies and procedures electronically.

Deadline to Submit

The deadline for the online submission of LEA policies and procedures is January 1, 2005. Originally, in April 2004, an October 1, 2004, deadline was posted on the Legal Framework-Phase III web page and communicated to LEAs by ESCs through training and technical assistance activities. In September 2004, the deadline was adjusted to the current deadline of January 1, 2005. This deadline applies to all local education agencies with the exception of charter schools. Region 18 ESC will develop for charter school adoption an online policies and procedures framework by spring 2005.

If an LEA is unable to submit their policies and procedures online by January 1, 2005, the TEA requests LEAs to submit a statement indicating the reason for the delay and the date they anticipate submitting their policies and procedures online. This anticipated date of online submission of LEA policies and procedures must occur no later than March 1, 2005, in order for LEAs to maintain their eligibility to receive federal funds. LEAs will submit this statement through the Legal Framework-Phase III by January 31, 2005. Instructions for submitting a statement are located on the Legal Framework-Phase III web page at http://framework.esc18.net/. LEAs are encouraged to contact their ESC for assistance. ESCs can provide training and/or access to technology (scanners) to assist LEAs in the online submission process. LEAs that have not submitted a statement by January 31, 2005, will be contacted by the Texas Education Agency.

To The Administrator Addressed

Page 2

Future Updates to Policies and Procedures

LEAs will use the Legal Framework for submitting updated policies and procedures in the future; for example, updates in response to reauthorization of Individuals with Disabilities Education Act (IDEA 2004). Guidance on updates to policies and procedures will be forthcoming from ESCs.

Acknowledgement

The TEA acknowledges the work of Region 18 ESC, statewide lead and original developer of the Legal Framework, Region 10 ESC, ESC Legal Framework network members, Elena Gallegos of Walsh, Anderson, Brown, Schultze, and Aldridge, P.C., and Dick Smith at the Texas Association of School Boards (TASB) for facilitating the electronic submission of LEA policies and procedures. The online submission process maintains the State’s compliance with federal regulations, and provides LEAs and special education stakeholders with online access to their policies and procedures.

Technical Assistance

For questions concerning or information about the electronic submission of LEA policies and procedures, please contact your regional education service center special education contact at http://www.tea.state.tx.us/special.ed/escinfo/contact.html.

Sincerely,

Susan Barnes

Associate Commissioner for Standards and Programs

SB:GL:dc

cc: District Special Education Directors

ESC Executive Directors

ESC Special Education Contacts