Welcome to our 7th Annual Back to School Special Edition newsletter. Each year in August we provide parents with information about some of the new special education laws that passed and current issues they may have questions about. In this edition, we’ll be highlighting:
- Compensatory services for students who lost progress because of the pandemic
- New guidelines for positive behavioral intervention plans and parental notification of disciplinary action
- Our position on masks in schools
- Our new school re-entry toolkit for students who withdrew from school and are going back
- Resources to help you understand your child’s rights
We’ll also host a series of Facebook live events during the week of August 16 on some of these topics.
Making Up for Lost Academic Progress Due to the Pandemic
The COVID-19 Special Education Recovery Act passed in the 87th Texas Legislative session earlier this year provides students with disabilities the educational services needed to make up for skills and learning lost when services described in the student’s Individualized Education Program (IEP) were not provided by the district. School districts are responsible for these providing these services (officially referred to as "compensatory services") even though they were not at fault for school closures because of the pandemic. Please see one of our recent staff blog posts, Texas Lawmakers Pass COVID-19 Special Education Recovery Act, for information about what actions schools must take for every student with a disability.
Improved Behavioral Plans
Updates to the Texas Education Code now require public schools to better plan for and monitor changes in behaviors that can impede a student’s learning and success in school. Behavioral Intervention Plans (BIPs) address challenging student behaviors with positive solutions rather than just using punishment. These plans are part of a student’s individualized education program (IEP). A new mandate passed this session has new requirements about how often a student’s BIP must be reviewed, specific requirements for parental notification that includes information about BIPs and Functional Behavioral Assessments (FBAs) when physical restraint is used or a change in placement occurs because of a disciplinary action.
Masks at School
With the new school year approaching – or already starting for some of you – and COVID-19 cases increasing, parents are worried about the safety of their children under 12 years old who are currently unable to receive the vaccine. One safeguard that lessens the spread of the coronavirus is the wearing of masks. The Center for Disease Control and Prevention updated its guidance and recommends indoor masking for all teachers, staff, students, and visitors to K-12 schools regardless of vaccination status. This followed the American Academy of Pediatrics stating that all students older than two years of age and all school staff should wear face masks at school unless medical or developmental conditions prohibit use.
In Texas, the Governor has issued an Executive Order prohibiting school districts and charter schools from implementing mask mandates. Disability Rights Texas believes this decision is putting students with disabilities at significant risk, is discriminatory, and violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.
No family should have to choose between their child’s health and their child’s special education services. Many school districts across Texas are moving forward with requiring masks in schools regardless of the Governor’s current Executive Order. Parents should monitor their district’s masking policy given that local action is happening daily. The implementation of several coordinated interventions, including masks, can greatly reduce risk and allow students with disabilities to go to school to get the special instruction and services they deserve.
School Re-Entry Toolkit
For various reasons your student may have withdrawn from school – whether because of legal problems or issues related to the pandemic. To re-enroll your student, you must take several specific steps. Our new School Re-Entry Toolkit helps you more easily navigate the process.
Know Your Child’s Rights
