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Katy ISD under TEA investigation for claims of special education violations

By
Updated  November 19, 2024 9:29pm CST
Education
FOX 26 Houston

The Brief

    • The Texas Education Agency (TEA) is investigating Katy ISD following a formal complaint on special education service violations filed by advocate Karen Mayer Cunningham.
    • Cunningham alleges improper certification of special ed teachers and inadequate implementation of a student's IEP, with TEA specifically probing teacher certifications.
    • Katy ISD has until November 15, 2024, to propose resolutions, while TEA encourages mediation, and a final decision is due by December 29.

Katy - The Texas Education Agency (TEA) has launched an investigation into Katy Independent School District (Katy ISD) following a formal complaint filed by local advocate Karen Mayer Cunningham on behalf of an elementary student. The complaint alleges violations related to special education services provided to the student between October 30, 2023 and the filing of the grievance in November of this year.

Cunningham, a well-known advocate on TikTok known as "Special Education Boss," has been helping families navigate the complexities of special education for years. She expressed frustration over the situation after dealing with the process as the parent of a special education student. 

The complaint raises two primary allegations: First, it questions whether the special education teachers assigned to the student met the required certification standards set by the state. Second, it claims that the district failed to properly implement  the Individualized Education Program (IEP), particularly regarding the designated special education service hours.

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Cunningham has also raised concerns about the district's refusal to amend the student’s IEP goals as requested, but TEA determined that this issue did not meet the criteria for further investigation.

One key issue the TEA will look into is whether the teachers who provided special education services to the student were properly certified. "If they have special education minutes under their special ed services page, you have to deliver them by a special educator. Can a paraprofessional deliver them also? Absolutely. Under and after the supervision and watchful eye of the special educator," said Cunningham.

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Cunningham also stated that she had been told by Katy ISD leaders that special education students in the district could go a full calendar year without being assigned a certified special educator. She called this practice unacceptable, stressing that teaching children to self-manage their disabilities is crucial for their success. "This is a district with thousands of children with IEPs, and the parents are getting robbed, and the children are being denied a future. That’s unacceptable,"* Cunningham said.

According to the document, Katy ISD had until November 15, 2024, to submit a proposal for resolving the issues raised. If the district addresses the concerns, TEA may choose to end the investigation. Otherwise, TEA will continue its probe, with a final decision expected by December 29. 

The TEA encourages both parties to attempt resolution through mediation or other dispute resolution methods, with the option for the complainant to withdraw the complaint if an agreement is reached.

FOX 26 reached out to Katy ISD for comment but has not yet received a response. Parents who have filed grievances are expected to speak out at a press conference scheduled for Thursday evening.