February 15, 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 San Elizario Independent School District (SEISD), a Local Education Agency, after exhausting all established local procedures and complaint processes. SEISD has refused to assign students of parents requesting Supplemental Education Services (SES) from TWC as required by the No Child Left behind (NCLB) act. 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. After several months of requesting meetings and dispute resolution negotiations, the matter remains unresolved. SEISD has refused to assign students to TWC, has not followed federal or state law, or any established local complaint policy or procedure for the appropriate and lawful resolution of this matter. TWC was finally able to meet with Ernesto Rodriguez, Executive Director of Research and Development, who oversees the SES program at the district level. When we inquired as to why we did not have more students enrolled, he stated that they have limited funds and had permission from TEA to decide which services the students should get in order to improve their TAKS scores. Enrollment Forms Submitted requesting services by TWC: 537 Students Assigned to TWC: 42 TWC Assigned Students Dropped by District: 16 Current Students Assigned with TWC: 26 San Elizario ISD Statistics This Year 20% Funding $560,363 PPA 1,582 # of funded students 354

San Elizario ISD has a campus that has been identified in school improvement, which is Ann M. Garcia-Enriquez Middle School. However, the district has no other campuses to which students can transfer; hence all of the allotted 20% set-aside should be used towards SES tutoring.

According to the District Web-site: 2011-12 Available campuses to which students eligible to participate in school choice may transfer: None are available; no other middle school within district boundaries. TWC has heard from many parents that San Elizario ISD has signed their child up with another provider but they ONLY requested TWC. Other parents have reported that they were told by the District not to sign with TWC. Other parents reported that they thought that their student was tutoring with TWC but were really receiving in-house tutoring from the District. Thank you for your attention to this matter,

David Callaway Program Director