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Feds intervene in Texas special education mess

Good.

The federal government on Monday ordered Texas state officials to eliminate an 8.5 percent benchmark on special education enrollment enforced in the state’s 1,200 school districts unless they can show that it had not kept children with disabilities from receiving appropriate educational services.

The U.S. Department of Education directed the state to report back in 30 days on the benchmark’s impact and on which school districts across the state may have relied on it to deny special education services to children. Its findings on those districts should include “the specific steps the State will take to remedy the effect of such past practices,” the department said.

“It appears that the State’s approach to monitoring local educational agency compliance … may be resulting in districts’ failure to identify and evaluate all students suspected of having a disability and who need special education,” Sue Swenson, the department’s acting assistant secretary for special education, wrote in a three-page letter to Mike Morath, head of the Texas Education Agency.

“Depending on TEA’s response,” Swenson wrote, the federal government “will determine whether additional monitoring activities or other administrative enforcement or corrective actions are necessary.”

The TEA, which has denied that children with disabilities have been kept out of special education but has promised to review the issue, said in a statement that it “welcomes the opportunity” to discuss its policies.

[…]

Since 1975, federal law has mandated that public schools provide specialized education services to all eligible children with any type of disability.

TEA officials have said state-by-state comparisons are inappropriate and have attributed the dramatic declines to new teaching techniques that they say have lowered the number of children with “learning disabilities,” such as dyslexia.

In response to criticism from lawmakers, school board members, superintendents, advocates and parents, the TEA also has said the policy was adopted in response to a federal effort to reduce over-representation in special education.

Swenson’s letter disclosed that Texas and the U.S. Department of Education have previously discussed the target, in 2014. In that exchange, according to the letter, TEA special education director Eugene Lenz said the districts that exceeded 8.5 percent were not penalized but merely monitored to ensure compliance with the law. He also assured the federal government that the state ensures that all children with disabilities get services.

“However, the information presented in the Chronicle’s investigative article raises serious questions about Texas’s compliance” with federal law and about “the implementation of the approaches Texas described to (the U.S. Department of Education) in 2014,” Swenson wrote. “According to information in the article, some districts view the 8.5 percent (benchmark) as a cap on the number of children with disabilities that may be identified in a district, and in some instances if a district exceeds the cap, the district will be required to develop a corrective action plan demonstrating how it will reduce its special education identification rate.”

See here, here, and here for the background. One wonders if the appearance of the feds will finally stir Greg Abbott to action. Will he bravely defend the TEA’s secret administrative rules from federal interference, or will he maintain radio silence? I’m sure he’s making the political calculations about what he needs to oppose now. Until then, we’ll see how the TEA responds. The Current has more.

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