Houston Chronicle: How Texas denies special ed to tens of thousands

[Winehole23]

Over a decade ago, the officials arbitrarily decided what percentage of students should get special education services — 8.5 percent — and since then they have forced school districts to comply by strictly auditing those serving too many kids.

Their efforts, which started in 2004 but have never been publicly announced or explained, have saved the Texas Education Agency billions of dollars but denied vital supports to children with autism, attention deficit hyperactivity disorder, dyslexia, epilepsy, mental illnesses, speech impediments, traumatic brain injuries, even blindness and deafness, a Houston Chronicle investigation has found.


More than a dozen teachers and administrators from across the state told the Chronicle they have delayed or denied special education to disabled students in order to stay below the 8.5 percent benchmark. They revealed a variety of methods, from putting kids into a cheaper alternative program known as "Section 504" to persuading parents to pull their children out of public school altogether.


"We were basically told in a staff meeting that we needed to lower the number of kids in special ed at all costs," said Jamie Womack Williams, who taught in the Tyler Independent School District until 2010. "It was all a numbers game."
Texas is the only state that has ever set a target for special education enrollment, records show.


It has been remarkably effective.


In the years since its implementation, the rate of Texas kids receiving special education has plummeted from near the national average of 13 percent to the lowest in the country — by far.

http://www.houstonchronicle.com/denied/

[Winehole23]

The agency said in its statement that it convened focus groups while creating the PBMAS. But it was unable to produce any documentation of that. None of the educators and advocates interviewed by the Chronicle remembered focus groups.


The TEA also was unable to produce any records about why 8.5 percent was chosen as the target. It acknowledged in its statement that there is no research that establishes 8.5 percent as ideal.


Four agency officials set the benchmark, former employees said: special education director Eugene Lenz; his deputies, Laura Taylor and Kathy Clayton; and accountability chief Criss Cloudt.


The only one who agreed to speak with the Chronicle, Clayton, said the choice of 8.5 percent was not based on research. Instead, she said, it was driven by the statewide average special education enrollment.
Reminded that the statewide average was nearly 12 percent at the time, Clayton paused.


"Well, it was set at a little bit of a reach," she said. "Any time you set a goal, you want to make it a bit of a reach because you're trying to move the number."

[DMX7]

Our politicians are the special ones.

[boutons_deux]

Uncovering Texas’ Strategy to Slash Much-Needed Special Education Services

Federal law mandates that school districts provide special education services to students with disabilities--physical, emotional or developmental. But outside the public’s view, the state of Texas has decided that fewer students should get those services. It pressured school districts to meet an artificial benchmark of 8.5 percent, a rate far below that of any state,

documents how “unelected state officials have quietly devised a system that has kept thousands of disabled kids” out of special education.

“We were basically told in a staff meeting that we needed to lower the number of kids in special ed at all costs,” one former teacher told Rosenthal. “It was all a numbers game.”

Rosenthal deconstructs the various excuses (http://www.houstonchronicle.com/denied/beyond-the-data/) provided to justify the reduction in students receiving special education services.

There’s no evidence, for instance, that fewer Texas babies are being born with disabilities;

in fact, statistics suggest the reverse is true.

He also debunks efforts to credit innovative new teaching techniques for the reduction.

[Many school officials] said that they

were told by the TEA, the Texas Education Agency, that this was

a policy that was mandated by the federal government or

at the very least, backed by research.

Turns out neither of those things are true.

I think school officials kind of accepted it as reality. They didn't realize that it was arbitrary and originated from the TEA itself.

I received over 400 to 500 emails from parents and they told us the exact story that we wrote about in our article: about children being diagnosed with a disability and trying to get help from the school and being unable to do so. The line we heard the most was, "We could not figure out why the schools were so reluctant to help us until we read this article and heard about this policy, and suddenly it all makes sense about why schools would, without explanation, not provide these services."

https://www.propublica.org/podcast/item/uncovering-texas-strategy-to-slash-much-needed-special-education-services?utm_campaign=sprout&utm_medium=social&utm_source=facebook&utm_content=1474905723

Texas Repugs and the Repug-tainted/corrupted TX govt bureaucracy are venal, sociopathic piles of shit.

[Nbadan]

This is part of the problem.....but....some parents also don't want their kids tested because once they are classified as special ed they are on the path toward a blue diploma....for those of you who aren't familiar with blue diplomas they are given to special ed students who never pass a standardized test but do show year to year improvement....this contributes to kids just being passed on by schools and reading at a 5th grade level (if they are lucky) in High school....these kids can also not go to a university but can go to a community college....

[Nbadan]

the article is correct though....many kids classified as 504, who are supposed to be ELA strugglers under that classification, are truly special education students..

[TeyshaBlue]

Im about to get hip deep with my local school board concerning this. My grand daughter is dyslexic as all hell...encode/decode. She's also failing 3rd grade English after spending major bucks on tutoring. If the school could ARD her, then modifications could be designed and made. But the school won't do that because they are "over quota". Ive been told that 504 students are just as eligible for modification and accommodation as an ELP/ARD child. That's something Im about to clarify.
Also, the new English curriculum is shit. There seems to be a new curriculum set each year.

Maddening.

[Winehole23]

give em hell, TB

[FromWayDowntown]

give em hell, TB

Agree with this.

We mainstreamed my older daughter, who is profoundly deaf but listens and speaks thanks to cochlear implants, from a private school for deaf children to a public school this fall. We looked long and hard at the available school districts, then made a decision -- and moved into a new neighborhood -- to attend a particular school in a particular district (a mid-sized district, to my reckoning).

Her disability is indisputable, which may be why we didn't have any trouble getting an ARD; after some testing, the district decided (and we concurred) that despite her deafness, she's academically at or above grade level and has allowed her to proceed outside of special education but with an IEP that offers significant accommodations.

But we hear stories from families who have mainstreamed kids out of the same private school into larger districts, and even with kids who have indisputable deafness, parents are struggling to get even basic services (much less accommodations) for those kids, particularly if the kids are at or near grade level academically. I had thought it was purely budgetary issue, but this suggests that it may be more nefarious than that, which is disappointing.

I'm relieved that we've found a district that is willing to help us and our daughter, but it's shameful that kids that could thrive in public schools with even minor modifications or accommodations are being denied that opportunity to satisfy an arbitrary quota. I guess the State wants them Kindergarten Ready, but doesn't really care much what happens after they are actually in the system.

[boutons_deux]

"may be more nefarious than"

TEA is of course polluted with sociopathic Repug hacks agreeably cutting school costs as dictated by Repug politicians, no matter who gets screwed. It's Repug ideology.

From my post above

"were told by the TEA, the Texas Education Agency, that this was

a policy that was mandated by the federal government or

at the very least, backed by research.

Turns out neither of those things are true. "

[Winehole23]

Teachers in a dozen school districts, mostly in the Houston area, said they have been ordered to discipline children who consistently act out instead of determining whether they qualify for special education. The TEA itself has found evidence of that illegal practice in multiple districts, documents show.


As a result, Texas kids are now 31 percent less likely than the national average to receive services for mental illnesses, a disparity that has nearly quadrupled since 2004, according to data compiled by the U.S. Department of Education.

http://www.houstonchronicle.com/news/article/Mentally-ill-lose-out-as-special-ed-declines-10623706.php

[TeyshaBlue]

Forgot to report back. She qualifies for an IEP and accomodation. Her grades are improving. That's more a reflection of a change in testing procedure than anything else. Oh, and her principal is just as exasperated at the rapid and seemingly nonsensical curruiculum changes as I am.

[Winehole23]

of course schools chafe over one size fits all legal and political accountability. a bit more of autonomy and getting around the rules to do right by kids might be called for.

[DMC]

This explains some of the posters here tbh

[Winehole23]

5th Circuit upholds Feds $33 million penalty for underfunding:

https://www.texastribune.org/2018/11/07/texas-special-education-funding/

[DMC]

5th Circuit upholds Feds $33 million penalty for underfunding:

https://www.texastribune.org/2018/11/07/texas-special-education-funding/

That should free up some funds.

[Othyus Lalanne]

of course schools chafe over one size fits all legal and political accountability. a bit more of autonomy and getting around the rules to do right by kids might be called for.

Make Prussian style education less important across the board.

[ElNono]

5th Circuit upholds Feds $33 million penalty for underfunding:

https://www.texastribune.org/2018/11/07/texas-special-education-funding/

Now I understand why ducks and boutons never went to school, tbh... it's criminal...

[Winehole23]

That should free up some funds.
It might convince legialators to consider the purely fiscal liabilities of failing to to fund special ed. the purely human consequences don 't appear to move the needle.

[Winehole23]

oops, did it again:


The day after the federal 5th Circuit Court of Appeals ruled against Texas for spending tens of millions of dollars less than it was supposed to on kids with disabilities in 2012, advocates have dug up documents appearing to show Texas did the same thing in 2017 — raising the prospect it could get hit with even more penalties.https://www.texastribune.org/2018/11/08/texas-may-have-again-illegally-reduced-special-education-funding/

[Winehole23]

In an opinion Wednesday, the 5th Circuit noted that Texas' weighted funding system "creates a perverse incentive for a state to escape its financial obligations merely by minimizing the special education needs of its students."

[boutons_deux]

shit hole TX should keep trying, 5th circuit will eventually rule that screwing disadvantaged students is great

Trump-appointed judges are shifting the country’s most politically conservative circuit court further to the right

Ultimately, in an eight-seven vote, the Hansons lost and the status quo won.

But the near-tie caught lawyers’ eyes: A year ago, that vote wouldn’t even have been close — Democrat- and Republican-appointed judges appointed before President Donald Trump took office overwhelmingly agreed to let the decades-old law stand.

But

all four new Trump-appointed judges sided with the Hansons, and

the two from Texas had sharp words for their colleagues who did not.

“The Second Amendment continues to be treated as a ‘second-class’ right,” wrote Judge James Ho, a former Texas Solicitor General confirmed to the 5th Circuit in December. “This case warrants en banc review.”

Experts and 5th Circuit practitioners point to that close vote —

just two more Trump-appointed judges, they expect, would have flipped the court —

as among the best evidence of the impact the president has had on the federal bench since assuming office last year.

https://www.texastribune.org/2018/08/30/under-trump-5th-circuit-becoming-even-more-conservative/

[Spurtacular]

https://www.youtube.com/watch?v=BRkZSwKt6Fw&list=PL45E83E04838021FE&index= 6


https://www.youtube.com/watch?v=Q0PWJDgh8I0

[LaSíSí]

Now I understand why ducks and boutons never went to school, tbh... it's criminal...

:lol

[Quadzilla99]

Now I understand why ducks and boutons never went to school, tbh... it's criminal...

Lmao

[Winehole23]

five years on, little has changed

1433070494262206475

[Winehole23]

In January 2018, the federal Office of Special Education Programs announced it found TEA had failed to ensure all Texas children with disabilities were identified and evaluated, regardless of the severity of their disabilities, as required by law.


The state also failed to ensure that free and appropriate public education was made available to all people with disabilities from age 3 to 21, the federal assessment found.


A 2016 Houston Chronicle investigation (https://www.houstonchronicle.com/denied/) found TEA for years had penalized districts for providing special education to more than 8.5 percent of their students, an arbitrarily devised number that resulted in hundreds of thousands of kids being denied services to which they were entitled.


In October 2020, TEA told the federal agency it believed it had completed all the required corrective actions. However, OSEP concluded the TEA had made only one of many required changes to its operations.


“It’s inexcusable that TEA has failed to make sufficient progress on making these corrections,” said Dustin Rynders, supervising attorney of the Education Team at the nonprofit Disability Rights Texas. “The majority of the findings were problems of TEA’s own creation and the progress has been slow and unsteady.”


Cantrell told TEA it now has 30 days to take additional action and provide documentation the changes have been made.


Among the required actions TEA has not yet made is ensuring all local districts post notices online about special education eligibility and who can request an evaluation to receive services.

[boutons_deux]

And yet, the parents of special ed kids will still vote Repug

[pgardn]

five years on, little has changed

1433070494262206475

Worrying about homeless and bumbs on the street while helping to create them in school.
The saving grace here is school boards in large districts have a tendency to get parents on their ass and bypass TEA shit apparently. But mostly in wealthy districts. Wealthy special ed is either good in public or the parents go private.

We must create citizens who have skins in the game in this place we call the United States. The "dont care, it wont hurt me I got nothing to lose anyway" is deadly to a country.

[benefactor]

Texas has boldly and brazenly broadcasted their lack of interest in public education at pretty much every level for decades now tbh

[Ef-man]

Texas has boldly and brazenly broadcasted their lack of interest in public education at pretty much every level for decades now tbh

Trump loves the poorly educated.

[benefactor]

Trump loves the poorly educated.
Repugs have well before him. Trump just coaxed them out in droves for the world to see and hear.

Muh Jesus!
Muh guns!
Muh business!

[Winehole23]

Worrying about homeless and bumbs on the street while helping to create them in school.
.it's underemphasized how many homeless folks are disabled.

[boutons_deux]

Texas has boldly and brazenly broadcasted their lack of interest in public education at pretty much every level for decades now tbh

and Texas writes the school textbooks used by other states, spreading big shithole's poison far and wide.

[Winehole23]

the more things change...

https://twitter.com/Schwartz_Land/status/1692543382436876420?s=20


1692543382436876420

[Blake]

the more things change...

https://twitter.com/Schwartz_Land/status/1692543382436876420?s=20


1692543382436876420

Abort a two week old fetus that will turn into a child with extreme mental challenges/deficiencies? Atrocious!

Help take care of them after their born? Run away run away

[Winehole23]

Abort a two week old fetus that will turn into a child with extreme mental challenges/deficiencies? Atrocious!

Help take care of them after their born? Run away run awayPro-life policies and concern trolling expire at birth.

[Extra Stout]

Once upon a time, even among the Baptists, people who called themselves Christians opened up their wallets to fund health care for others. They opened hospitals. I guess some traditions still fund them. To Catholics it’s still important. To Protestants it’s important to the more theologically liberal ones of a social gospel bent.

But the “orthodox” evangelicals seem a hell of a lot more interested in power and control than service towards others.

That informs their stance on abortion. Exercise power and control over women, but don’t help them.

[Blake]

Once upon a time, even among the Baptists, people who called themselves Christians opened up their wallets to fund health care for others. They opened hospitals. I guess some traditions still fund them. To Catholics it’s still important. To Protestants it’s important to the more theologically liberal ones of a social gospel bent.

But the “orthodox” evangelicals seem a hell of a lot more interested in power and control than service towards others.

That informs their stance on abortion. Exercise power and control over women, but don’t help them.

I don't think Catholics views on helping the community, at least locally, have changed much over the years in my anecdotal view.

For Protestants, there's been an overall Joel Olsteen type movement to live your best financial life now because God wants you to have it

[Winehole23]

Different year, same shit.

1728807732054986767

[HemisfairArena]

Kinda funny how you dems keep up these talking points but Americans are leaning to bringing back Trump as president in 2024,,,,why is that do you think?

[Winehole23]

Kinda funny how you dems keep up these talking points but Americans are leaning to bringing back Trump as president in 2024,,,,why is that do you think?how does that relate to Texas denying help to kids with special needs? I don't see the connection.

[Winehole23]

Is screwing disabled kids a plank in the party platform?

[HemisfairArena]

how does that relate to Texas denying help to kids with special needs? I don't see the connection.

because Texans care more about your open border bullshit than they do kids with special needs,,,,right or wrong?,,,,who knows?,,,,but thats truth and you gonna lose in 2024 with the obscure points of view,,,,like if republicans hate broccoli and its health benefits,,,,,republicans dont give a fuck about special needs kids just like democrats dont give a fuck about a child in the womb,,,,

[Winehole23]

Another incoherent hemisderp post.

[HemisfairArena]

Another incoherent hemisderp post.

ok,,,,keep on fighting the good fight,,,lets see how that works out for you dems in 2024,,,,

[Winehole23]

A year is a long time in political terms. One or both candidates could kick off. American men don't live much past 78 on average

[HemisfairArena]

A year is a long time in political terms. One or both candidates could kick off. American men don't live much past 78 on average

If youre a betting man,,,and you had to bet your life savings,,,,who do you got kickin' the bucket in the next year sooner,,,,,Trump or Biden?,,,,

[Winehole23]

If youre a betting man,,,and you had to bet your life savings,,,,who do you got kickin' the bucket in the next year sooner,,,,,Trump or Biden?,,,,I'm not a betting man.

Thar said, political factors might intervene to sink the chances of either one. I hear Trump has one or more criminal trials that might happen before the election next year.

[HemisfairArena]

I'm not a betting man.

Thar said, political factors might intervene to sink the chances of either one. I hear Trump has one or more criminal trials that might happen before the election next year.


and thats the only way the dems win,,,,what does that tell you, Wine Ho?,,,,think about it,,,,dems can only win this election if Trump is incarcerated,,,,thats how bad Biden and his policies and the democrat party are right now,,,,,