The Lege gets a finger pointed at it.
After a federal report blasted Texas for failing kids with disabilities, educators and public education advocates are pointing the finger directly at state legislators who, they argue, first suggested capping special education to keep costs low.
The U.S. Department of Education last week released a monitoring report, after a 15-month investigation, finding that the Texas Education Agency effectively capped the statewide percentage of students who could receive special education services and incentivized school districts to deny services to eligible students. Gov. Greg Abbott released a statement soon after that criticized local school districts for their “dereliction of duty” in failing to serve students — which touched a nerve for educators.
“We weren’t derelict: the state of Texas was derelict, the Texas Education Agency was derelict,” said HD Chambers, superintendent of Alief ISD and president of the Texas School Alliance, an advocacy group. “We were following what they put in place.”
In a statement sent to TEA and Abbott on Sunday, the Texas School Alliance and school administrator groups dated the creation of a special education cap back to a 2004 Texas House Public Education Committee interim report, which surveyed how other states fund special education and which made recommendations to the Legislature for how to discourage identifying too many students with disabilities.
The committee’s report recommended the Legislature “determine what aspects of our current funding mechanism for special education encourage overidentification; and then investigate alternative methods for funding special education that decrease any incentives to overidentify students as needing special education services.”
It also recommended reducing state and local administrative costs in overseeing special education in order to direct more money to students with disabilities.
That same year, TEA implemented a system to monitor and evaluate how school districts were serving kids with disabilities. The percentage of students with disabilities served plunged from 11.6 percent in 2004 to 8.6 percent in 2016. The U.S. Department of Education found last week that the agency was more likely to intervene in school districts that provided services for more students with disabilities, incentivizing administrators to cut back on services.
Chambers was a central office administrator at Cypress-Fairbanks ISD in 2004 and recalls receiving direct and indirect instruction from the state to serve fewer students. “We were under the impression that we were out of compliance if we were identifying more than 8.5 percent of our population,” he said.
See here for past blogging on the topic, and here for the Trib story on the federal report. I will note that the Chair of the House Public Education Committee at the time of the 2004 interim report was none other then Kent Grusendorf, a man who was so anti-public education that he was basically the inspiration for (and first real victory won by) the Texas Parent PAC. So yeah, I have no trouble believing this. As to when it might get fixed, that’s a topic for November.