Guest post: Special education issues facing the 85th legislature

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Janna Lilly

by Janna Lilly, Director of Govermental Relations
Texas Council of Administrators of Special Education (TCASE)

Special education issues are once again expected to be hot topics in the upcoming Texas Legislative Session including vouchers, special education identification, and (yes, again) cameras.

Vouchers

The lieutenant governor has been very vocal that passing voucher legislation is one of his key priorities. TCASE opposes subsidizing private schools with public funds through vouchers or voucher-like programs such as taxpayer savings plans or scholarship credits. Vouchers are particularly harmful for students with disabilities. Private schools are not required to accept or even appropriately serve students with disabilities. Private schools are not required provide the legal protections mandated by federal and state laws to protect the rights and interests of students with disabilities.

Special education identification

Currently the state’s Performance Based Monitoring Analysis System (PBMAS) gives districts a grade or performance level based on an 8.5 percent standard that has come under recent scrutiny in the media. As a result, at least one bill has already been filed to prohibit the Texas Education Agency (TEA) from evaluating districts based on their percentage of students with disabilities.

TCASE recommends TEA continue to provide districts with identification data in PBMAS, but remove the 8.5 percent standard and the corresponding performance level assignment. This would provide necessary information to the state and districts without the reality or perception of a punitive system.

While there are a multitude of state systems designed to gather data on special education, minimal statewide data systems exist to identify the often extensive interventions provided with general education supports only. TCASE recommends the agency develop further statewide data systems to acknowledge these efforts and identify the potential impact on student growth and achievement.

Cameras

Senate Bill (SB) 507 passed last session requiring cameras in certain special education classrooms. The TEA asked the Texas Attorney General (AG) for clarification on several pieces of the law. The AG issued his opinion strictly interpreting the bill, primarily saying one request means cameras must be installed in all eligible classrooms across the district regardless of the bill’s authors stating their intent was that one request applied to one classroom. The AG told lawmakers they would need to change the bill in the next session if they meant something different from what was passed. Lawmakers are drafting bills expected to address some of the concerns including clarifying that one request triggers a camera in a single classroom versus the entire district. Currently, some districts are installing cameras in single classrooms, while some are reporting installing cameras or equipment in all eligible classrooms. Districts are also reporting significant costs associated with the law’s six-month archiving requirement. Community advocates are expected to want some changes of their own, like expanding venues for disagreement beyond the school board including potentially even the ability to file suit. TCASE believes the bill’s current grievance remedies are sufficient, one request should apply to one classroom, and that next legislative session should appropriate funds to cover this unfunded mandate.

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