This report covers the responses Public Education received for their RFI for Interim Charge #3, relating to TEA compliance with the DOE’s Corrective Action Response, implementation of the State’s Special Education Strategic Plan, and State compliance with Federal special education mandates. The RFI for this charge can be found here, and the full list of responses can be found here.
The HillCo report below is a summary of information intended to give you an overview and highlight of the various topics included in the responses. This report does not cover the entirety of each response but aims to provide an overview of the testimony submitted.
- Concerned about a lack of “effort and progress” on the part of the TEA to comply with the Corrective Action Plan issued by the DOE
- Citing Special Education Finance Advisory Committee Recommendations, average special education enrollment rate in Texas is now 10.7%, a significant increase from the low of 8.6% enrolled due to TEA guidance in the PBMAS manual that resulted in districts denying access to special education to many students
- This is still lower than the national average of 14.1%, meaning thousands of Texas students remain unidentified, without services or supports
- Parents do not know that their children have a right to special education and do not understand how to appeal or request an independent evaluation if they disagree with a district’s evaluation
- These issues are the basic problematic findings of the DOE report and have not been addressed by the TEA
- Supports implementation of CAP recommendations concerning professional development for teachers to identifying children with a suspected autism diagnosis or other disability
- Recommends TEA expedite their compliance with the DOE’s Corrective Action Response and provide report to Texas Legislature on what has and has not been done to comply
- Support and concur with the RFI response from Disability Rights Texas, et. al, summarized and attached below
- States attendance method based on attendance, rather than student count is unfair and disadvantages special needs students that need significant funding regardless of attendance
- 2 hour/4hour rule works for Average Daily Attendance for 18+ students does not develop an adult schedule; no reimbursement for job coaches
- Weights for ADA have not been adjusted since the early 1980s and fail to account for inclusive instructional practices or more intense instructional/medical needs during school day
- Parents that chose virtual learning because of concerns about their children’s health are not receiving enough instruction or cannot access at all
- Not enough funding for extra support staff for SPED teachers
- SPED teachers feel like they have two full-time jobs teaching face-to-face and creating valuable learning opportunities for remote students
- TEA has not fulfilled corrective action duty regarding dyslexia
- Because DDTX has worked extensively with TEA and offered support, research, and testimony of the importance of these programs, it seems that this is deliberate
- TEA has not made differentiation between IDEA, 504, RTI and State Dyslexia programs and may cost state funds, create negative student outcomes, and put families under financial strain
- Even with Corrective Action Response, 504 is still used to circumvent parents from accessing the IDEA process and understanding student/parent rights that come along with an IEP
- States that TEA has made information on IDEA intentionally difficult to access for parents of dyslexic students that are equally entitled to IDEA resources
- Requests a full review and revamp of TEA, SBOE and ESC Dyslexia guidance documents including SPEDTX and Texas Dyslexia Handbook
- State dyslexia laws should be amended so that the Commissioner of Education can make changes necessary to any SBOE, TEA, ESC or SPEDTX documents or policy that pertain to federal education law
- Texas Legislature should amend dyslexia law to ensure that the Texas Dyslexia Handbook policy which relate to 504 or IDEA is the TEA’s authority to revise and hold accountable
- An independent committee, with parent legal representation, should reshape policy documents around Dyslexia/IDEA/504 and RTI/MTSS
- Includes documents from TEA that may be misguiding for parents and schools, includes complete IDEA definition of SLD
- Includes survey of parents that indicate confusion on whether their students qualify for interventions and their rights regarding 504 and IDEA
- Recommend a group, including Parent SPED attorneys, Regional Dyslexia Advocates, Decoding Dyslexia Texas Advocates and TEA along with stakeholders meet to review and revise policy surrounding Dyslexia eligibility and IDEA
- Recommends amending Texas Education Code Section 29.001 to reflect priorities of state to improve special education services, should guide further revision and implementation of the strategic plan
- Suggests revising and reprioritizing Article lll budget riders on SPED, should reflect strategic plan and dedicate financial resources to implementation and regular monitoring and reporting
- Recommends amending Texas Education Code Section 29.023 (Notice of Rights), currently requires a one-time flyer to parents on SPED services, should reflect the strategic plan goal of empowering parents, support Child Find efforts
- Provides outline of TEA Strategic Plans Promises and perspective on implementation or lack thereof:
- Disappointed that there was no implementation of training institutes/SPED academies to date
- For Child Find Resource, additional parent friendly guides are needed
- SPED personnel forum has not yet been held between TEA, States Board for Educator Certification, Texas Higher Education Coordinating Board, and colleges of education
- Training for school boards has not occurred to date
- Believes TEA has deliberately unclear information regarding evaluation paperwork and access to disability resources
- TEA launched RFP to find a vendor for outreach campaign but then abandoned project with no public outreach campaign to date
- Agency has not proposed rulemaking about distribution of info on Child Find and FAPE
- Compensatory services guidance document only recently provided and only in the context of COVID, general compensatory guidance documents are needed
- No update on students who were excluded from SPED services and ultimately identified and provided compensatory services
- No clear guidance for parents on differentiation of RtI, IDEA and 504
- No update on brochure on dispute resolution programs for parents and families
- No progress on campaign to identify, locate, and evaluate students and families with needs
- No family friendly guidance exists such as Parent Brochure
- TEA had restructured monitoring review and support teams
- Limited info on TEA Monitoring Independent Audit
- No rulemaking proposed to require LEAs to provide the Dispute Resolution Handbook to parents and families to date
- Technical assistance networks need to ensure accurate and helpful guidance being provided to school districts regarding SPED
- TEA should confer with stakeholders considering COVID-19 and assess the need for technical assistance
- Full individual and initial evaluations (FIIEs) for children approaching 3-years old have stalled in many areas of Texas
- Transition from Part C-Early Childhood Intervention (ECI) to Part B – SPED, was a pre-existing challenge that has been exacerbated by COVID-19
- Outlines 2020-2021 HHSC and TEA Memorandum of Understanding – IDEA Part B Childhood Transition
- Transition evaluations for children approaching age 3, and aging out of Part C are not happening in some parts of the state
- Providers have successfully transitioned to virtual evaluations during the pandemic and con provide guidance to TEA on how school districts can do the same to help transitions
- Provides the guidance that TEA has given to LEAs regarding evaluations during pandemic
- There is little oversight or enforcement of the guidance TEA provides, leaving gaps in service
- Recommends House Public Education and House Human Services meet and conduct a joint hearing or joint RFI on topic of children with disabilities transitioning from Part C to Part B SPED
- Recommends Legislature require TEA, under Identification Support section of SPED Strategic Plan, coordinate with HHSC to develop policies, procedures, and timelines under their Memorandum Understanding
- Recommends Legislature require TEA, under the Identification Support section of SPED Strategic Plan require LEAs provide compensatory services when requirements and timelines have not been met
El Paso Special Education Advocates
- Comments are based on experience working alongside families and our observations as they relate to TEA’s compliance with their Corrective Action Plan
- Parents continue to voice frustration with professional development for educators, seem unable to provide services in least restrictive environment
- Communities have expressed difficulty in getting educators to attend trainings and workshops to develop these skills
- Recommends TEA require educators and other school personnel to attend these trainings if voluntary attendance is not occurring
- Despite action by 85th Legislature, parents are still being told kindergarten is too early or screening and they must wait
- School personnel must be adequately trained to interpret State Dyslexia Handbook correctly
- There are significant gaps in outreach and support on the part of local education agencies to help parents understand and navigate the SPED process
- Better mechanisms should be implemented to promote collaboration between LEAs and the community-based organizations
- Legislature must take steps to pass bills to support educator preparation allowing true inclusion for students with disabilities; HB 116 in 86th Legislature
- Unemployment rates for people with disabilities continues to be at its peak at over 80% nationally
- Students and families need more opportunities for employment that improve full community integration once they have exited the public education system
- Recommends Public Education adopt legislation to limit charter school expansion unless they admit at or above the state average of special education students enrolled in public schools, as according to PEIMS
- In 2018-19, public schools enrolled an average of 9.6% of students with special needs, while charter schools had a lower percentage:
- Basis Texas 1.8%, IDEA Public Schools 5.4%, YES Prep: 5.9%, International Leadership of Texas 5.4%, Pioneer Technology and Arts Academy 5%, and Great Hearts 5.7%
- Local districts in proximity to these charter schools served a significantly higher percentage of special education students
- Each of these charter schools received a charter expansion in 2020 despite underserving special needs students
- Enrollment statistics raise questions about policies and procedures that may exclude special education students and raise questions about the fiscal impact on public schools that serve higher concentrations of special needs students
- TEA must provide more detailed data on policies and procedures for enrollment at charter schools that lead to disparities in special education and regular enrollment
- Accurate identification of students necessary to ensure proper support mechanisms are in place
- Recommend continuing funding for excess cost of evaluations for special education referrals
- Recommends revising the funding formula to focus on student needs rather than time spent in instruction
- Teachers often begin their career without training regarding behavior management techniques, specifically positive behavior management supports and restorative practices
- Recommends requiring educator preparedness programs and certification programs for positive behavior management techniques
- Requests additional funding to address: expansion of the intensive behavioral/therapeutic services and increased number of evaluators/funding for three-year re-evaluations
- INSPIRE/Behavior program implemented in 2017 to respond to increasing behavioral challenges
- 13% increase of students identified as having autism in the past 3 years
- 30% increase of students identified as having emotional disturbance in the past 3 years
- The student group with the most discretionary disciplinary action reasons are students with learning disabilities, other health impairments, emotional disturbance, and autism
- Restraints for students with increased for all of the above students with these diagnoses
- There are increasing worker compensation claims for injuries associated with work with students with disabilities
- 2017-18 saw 487 WC claims, costing $337,264
- 2013-14 claims saw 434 WC claims, costing $206,567
- District use of non-public day treatment and residential programs annually costs about $600,000
- As student aggression and complexity of need increase across the district, it becomes more difficult to provide a safe educational environment for all students
- To meet the needs of special education students, we must provide necessary structures and resources to affect meaningful change
- District requires sufficient support to manage physical incidents safely, which means up to 6 staff per individual, depending on the level of aggression
- 4 specific areas of need:
- Better level/organize students served by centralized units
- Provide an option for students based in centralized campus classrooms exhibiting behavior that presents danger to themselves or others, including staff
- Support for students with LD or OHI that exhibit problem behavior
- Support for students with ED who are 18+ but need more support to transition to employment/independent living
- INSPIRE allows the district to address each of these core areas
- Provides chart displaying costs for staff and of materials necessary for special education
- Initial and reevaluations have been increasing due to higher numbers of special education students in the district
- District is challenged to find and hire qualified evaluators to meet the increased demand
- Initial grant funding is insufficient to cover reevaluations and increasing evaluations
Heidi Goldman, Round Rock Dyslexia Group
- States there has been no significant change in practices for SPED leadership and admin in RRISD
- Includes an email sent to staff at TEA asking for attention in RRISD for dyslexia programs
- Group of parents that feel their students needs are not being met have repeatedly tried to get more support from RRISD staff and school board with no success
- Filed complaints with TEA and were redirected and told that there was not anything TEA could do to investigate their concerns
- Outlines failures of RRISD for dyslexic students: issues with screening at elementary schools and lack of programming
- Parents are not provided with alternative service information because of RRISD’s insistence on students being served by 504 only
- District does not provide guidelines as to when dyslexia becomes a disability that can be offered support through IDEA rather than 504
- Gives percentages of increase in RRISD dyslexic students due to screening, which parents feel are not significant enough increases
- Never received a response from TEA regarding the email, there is no change in RRISD’s practices and parents feel they are continuing to fail dyslexic students by withholding IDEA programs
- 96% of students in dyslexia intervention received, at most, only the first half of the program
- Recommends before any new bills for Texas education are authored, authors should see/understand an assessment of the performance of TEA in fulfilling responsibilities in TEC for:
- Supporting school districts in planning and implementation for suicide prevention and serving needs of all students, including SPED
- Commissioner appointed Campus Intervention Teams continuing to work with a campus assisting campuses in planning and implementation for suicide prevention, needs of all students including SPED and determining factors resulting in campus’ low performance
- Research performed show that Texas House and Senate do not have appropriate assessments for these issues and that TEA violates Texas law because of this shortcoming
- Cites website for further information: improvetexasschools.org
Texas Association of Midsize Schools
- The 225 members of TAMS rely heavily on the MS Allotment to address staffing certification needs to ensure broad curriculum offerings in both core areas and CTE
- Ready to work with state officials on corrective actions required by USDE for SPED
- Appreciative of the SPED funding through HB3 formula for SM/MS ISD’s
- HB3 laid good groundwork for their work moving ahead as statewide SPED qualification move from approx. 8.5% to more in line with national averages
Texas Association of School Psychologists
- Essential Corrective Action 2.c. will be greatly impacted by COVID-19 school closures
- Many evaluations were suspended during the stay at home orders
- Students that would have been evaluated in the spring were pushed to the fall and those being evaluated this fall still need testing done in a timely manner to provide needed services quickly
- Suggests committee provide TEA with resources to dedicate technical assistance and resources to ensure availability of bilingual educators, educational diagnosticians, and school psychologists
Holly Eaton, Texas Classroom Teachers Association
- Notes that classroom teachers are not included in constituencies outlined in Interim Charge 3
- State that members of TCTA routinely speak about how difficult it is to implement IEPs, especially when there are many students with IEPs in each class
- Practice of grouping SPED students in inclusion classes seems to be common
- TCTA would suggest an exploration of mechanisms to minimize groupings of students with IEPs in a particular classroom, without of course, jeopardizing students’ access to FAPE
- HB3 increased funding for students with disabilities in these three areas:
- Students with disabilities served in mainstream classes will generate an additional $970 per year, per student
- Students with Dyslexia will generate an additional $616 per year, per student
- Students with disabilities who meet CCMR standards will generate an additional $2,000 per year, per students
- Has been $1 billion increase in SPED spending; 27% increase in SPED funding in four years
- Since 2013, Texas has seen a 33.94% growth in number of SPED students
- TEA has almost quadrupled number of employees supporting SPED students
- 277 district/charters were monitored in 2019-2020, up from 108 in 2016-2017
- Special Education evaluation numbers were down in 2019-2020, likely due to COVID-19
- TEA has completed 100% of the Corrective Action Response to OSEP
- Federal government required a corrective action plan to ensure compliance with IDEA, TEA developed a plan for SPED to focus on improving outcomes, beyond improving compliance
- Gaps between SPED and general education students grow throughout their schooling
- Students with a disability have lower college readiness and graduation rates than their peers
- SPED Strategic Education Plan includes monitoring, training, support and development, and school, family, and community engagement
- Monitoring involved Differentiated Monitoring System, self-assessment, Result Driven Accountability System, self-assessment, and Independent Audit of TEA monitoring
- Largely positive reviews of new monitoring process pilot
- Training support and development includes SPED academies, ESC liaisons, technical assistance networks, technical assistance guides, dispute resolution expansion, and complaints redesign
- Most students receiving SPED services are spending 80% or more of their day in the general education setting
- Outlines technical assistance networks and examples of support for student and family engagement offered
- Student and Family Engagement section includes web and phone support, family resources, and student, family, and community engagement network