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Special Education & Schools

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Our Position

Texas' public education system seems to face potential radical changes every session. As the state strives to best serve all students, the Texas Legislature must not leave students with disabilities behind by neglecting to support special education programs. CTD urges the Legislature to:

• ensure that school districts have what they need to provide COVID-related compensatory educational services to students
• improve Child Find and transition from IDEA Part C to Part B, ensuring that students with disabilities at every level are identified and have access to the appropriate supports and related services
• push back on voucher initiatives that take money away from public schools
• reject censorship in the classroom

The Latest

October 1, 2021: Justice Department argues Texas ban on school mask mandates violates disabled students’ rights

August 24, 2021: CTD was among the organizations who submitted Joint Testimony to House Public Education Committee in Opposition to Bills SB 3 & HB 28 That Censor Classroom Curriculum and Conversations

February 10, 2021: New policy brief from Texans Care for Children: Addressing Learning Loss by Supporting Student Mental Health in School Settings

Partners

• Disability Rights Texas
• Texans Care for Children

Background

Special Education

Texas has a long history of denying special education services to kids with disabilities or shortchanging eligible students. Over the years, CTD and other advocates have led efforts to remove the illegal 8.5% enrollment cap, to expose the misuse of funding by the Texas Education Agency that compromised confidential student information, to protect early intervention programs, and to push back on attempts to exploit students with disabilities to open the door to vouchers. As schools continue to make gains in these areas, we must also turn our attention to challenges that have been further complicated by the pandemic. 

CTD supports policies that provide school districts with guidance and the necessary resources to address the current barriers to access and inequities across the state.

COVID-19

When the pandemic hit and schools were forced to shutter their doors, many students with disabilities lost services or saw those services put on hold as districts pivoted to virtual learning. For some students, access to technology and learning on a virtual platform were significant barriers. State agencies have already acknowledged the anticipated need for compensatory services for many students. CTD will advocate to ensure that students are not denied compensatory services to address gaps in service provision due to COVID-19. We urge the legislature to direct TEA to use federal CARES Act funding for its intended purpose.

Early Childhood Special Education (ECSE)

ECSE is a program that provides special education services for students 3-5 years old who are either transitioning out of ECI or are identified after the eligibility period for ECI. Unfortunately, transitioning from ECI to ECSE is not always smooth or well understood and children frequently fall through the cracks. In 2021, CTD will advocate to ensure that compliance with federal child find requirements so students do not miss out on critical services. 

Vouchers

CTD opposes the adoption of any voucher program or voucher-in-disguise initiative, and calls on Legislators to ensure that children with disabilities are adequately served in public and charter schools. CTD opposes any attempts to use the current pandemic as a vehicle to open the door to vouchers. Rather, the legislature must fix the systemic flaws in the special education system and sustain our public schools.

Censorship in the Classroom

While not specific to special education, CTD opposes any legislation that would prohibit discussions or instruction on certain concepts related to race, gender, diversity, and discrimination in social studies, history, government, and civics courses in public schools. As members of and advocates for the disability community, we are wary of efforts by lawmakers to limit discussions of discrimination of any group in our nation's past and present.

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Resources

• Disability Rights Texas' Education Resources
• Navigate Life Texas' Education and Schools Resources
• Texas Education Agency's COVID-19 Resources