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David Callaway <david@tutorswithcomputers.com> Wednesday, September 05, 2012 2:29 PM Complaints Management Johnson, Emi; Villarreal, Anita; Partridge, Sally; Vince Cordero; Chuck Young; Leticia Govea La Joya Complaint - Follow Up La Joya Complaint.pdf

Ms. Johnson, please find attached a new complaint against La Joya ISD regarding their noncompliance with the TEA recent resolution to our previous complaint. Please let us know if you need anything else.
Thank you, David Callaway | Program Director | Chief Compliance Officer Tutors with Computers Office : 512.537.0610 | Office Fax : 512.469.7811 Direct Fax : 772.264.8081 | Cell : 214.264.8080 Northpoint Centre II 6850 Austin Centre Boulevard, Suite 320, Austin, TX 78731 "Make it Happen, with Integrity"

September 5, 2012 Correspondence and Complaints Management Office of the Commissioner Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701 Tutors with Computers, LLC (TWC LLC) files this state-level complaint regarding the La Joya Independent School District (LJISD, 108912), a Local Education Agency, after exhausting all established local procedures and complaint processes.
In a recent resolution, LJISD was ordered by the TEA to allow TWC to tutor the students in LJISD at times and places convenient to the students in accordance with TWCs approved State Application outside of and in addition to the tutoring required at the schools at specific times on Tuesdays and Thursdays. Unfortunately, LJISD has not allowed this without requiring TWC to sign a new contract which contains terms and restrictions which are above and beyond the requirements listed by the Guidance and with which it is not possible for TWC to comply. Specifically, the newly proffered contract requires TWC to create and submit new and detailed Student Learning Plans on a weekly basis. Since our computer tutoring program is adaptive and only teaches vocabulary which each student does not know, it is impossible for us to detail which words any given student will be working on until they actually get to that point in the tutoring and it is determined whether that particular word is known or unknown to that student. The actual effect of requiring this new contract with additional terms and conditions has had the effect of negating the determination of the TEA and putting LJISD out of compliance with the resolution. We ask that LJISD be enjoined to allow their students to study at any place or time convenient to them without requiring an updated and more stringent contract and that LJISD be directed to pay in full for any such services supplied in this lawful manner.

This complaint is made pursuant to 20 U.S.C. 9304(a)(3)(c) and the Texas Education Agency No Child Left Behind (TEA NCLB) State-Level Complaint Procedures. TWC LLC has made every effort to resolve this matter at the local level.

Thank you for your attention to this matter,

David Callaway, Program Director