In September 2016, the Houston Chronicle began publishing a series of articles based upon an investigation that uncovered a systematic denial of special education services to students across Texas. I am a neuropsychologist working at a children’s hospital in north Texas, and most of my patients receive (or should receive) special education services. I also have a son who has received special education services through the Fort Worth Independent School District since he was three years old. As such, I began following the series closely. In short, the investigation revealed that the Texas Education Agency (TEA) set a special education identification benchmark of 8.5% of the student population despite special education rates of approximately 12% across the rest of the country. The entire series can be found here: http://www.houstonchronicle.com/denied/
The articles validated my experience advocating for special education services for many of my patients. I found that my patients who spoke English as a second language were particularly unlikely to receive special education services. I was also dismayed that a diagnosis of Dyslexia was typically not adequate to qualify a student for special education services despite being considered a disability throughout the rest of the country. Based upon the series, in December 2016, the Office of Special Education Services (OSEP) within the United States Department of Education (DOE) conducted listening sessions across Texas. I personally testified at a meeting in Dallas regarding my experiences as a mother and doctor treating children with developmental deficits. On January 11, 2018 the DOE released a report regarding their findings and concluded that Texas violated federal special education law. Similar to my own observations, they found evidence that schools often refused to properly evaluate students who were struggling, delayed services through the improper implementation of Response to Intervention (RTI), or substituted Section 504 accommodations for special education services. In addition, TEA had penalized schools that identified more that 8.5% of students for special education services. The TEA has until January 18, 2018 to provided a corrective action plan to OSEP.
Many Texas teachers have expressed their frustration to me regarding not being able to provide essential special education services to their struggling students. I am hopeful that, as a result of this investigation, more Texas students will receive the services that they need in order to achieve their academic, and life, potential. However, we must remain vigilant in holding TEA, the Texas legislature, and the governor accountable, and we must closely monitor any action taken (or not taken). All students, including those requiring special education services, deserve the best public education possible.
Finally, I would like to personally think Brian M. Rosenthal, the investigative journalist who wrote the “Denied” series. I had the opportunity to directly communicate with him about his articles and subsequent investigation by OSEP. Mr. Rosenthal’s reporting is a prime example as to why we need a free press to hold government accountable and to ensure that everyone’s liberties are protected, especially the rights of our children.