As many of you know, the U.S. Department of Education required the Texas Education Agency to create and implement a corrective action plan that goes into effect this school year after an investigation found TEA to be in violation of the Individuals with Disabilities Act (IDEA). Starting in 2006, TEA had enacted an illegal 8.5 special education enrollment limit, denying thousands of children the services they are entitled to by law. 

One part of the plan involves students not yet identified as needing special educations services. This fall, schools must make an extra effort through targeted outreach to reach and refer students for an initial evaluation. For parents of children not yet receiving any special services or receiving 504 or Response to Intervention (RtI) services who feel like these programs are not meeting your child's needs, ask your district for a special education evaluation. You don't need to wait for school to start - you can ask today.

Another part of the plan involves students who have Individualized Education Plans (IEPs). The committee that writes the IEP must consider whether any delays in referral to special education entitle the student to "compensatory" services to make up for what she should have received.

Disability Rights Texas continues to think about all who have been impacted by school violence including those at Sante Fe High School. This summer, our staff and other organizations have been busy educating state leaders on the importance of creating school safety plans that are accessible to students with disabilities. 

We have also communicated serious concern about the surge in students with disabilities being taken into custody and funneled in the juvenile justice system. Though we certainly are in agreement that the safety of all students is critical, reaction to perceived threats must follow legal and educational protocols. Sometimes a student's behavior is a result of his disability and can be misinterpreted as a danger to a school. 

We encourage parents of students with disabilities to ask your school how its risk assessments are considering disability and what your school is doing to proactively address certain behaviors with up-to-date behavioral intervention plans based on current assessments.