North - Northwest Edition | May 2023

EDUCATION

State action imminent over special education issues

The Texas Education Agency has a process to determine if a student needs to receive special education services. Austin ISD is being investigated for its backlog of evaluations for these services. EVALUATION PROCESS EXPLA INED

BY AMANDA CUTSHALL

auditory impairment. At home, he receives special education therapy, but for a student to receive services from AISD, the district must evaluate them. Olmsted is one of the students waiting for AISD to complete their evaluation, and the district is fac- ing a state conservatorship over its backlog. As of March 20, more than 1,800 special education evaluations were overdue, according to Texas Education Agency records. A TEA report released on March 31 cited 40 instances of “systemic noncom- pliance” where the district failed to meet its special education obliga- tions in a timely manner. While the district awaits a review by the TEA—asking for a less severe form of intervention—families are making choices for their students. Hendrix said the process dragged out for more than a year. She made the decision to move him to the Texas STAFFING SHORTAGES CAUSE BACKLOGS AISD officials said a shortage of educational diagnosticians and licensed specialists in school psychology is one of the reasons for the backlog of student evaluations for special education.

School for the Deaf but says she has to wait for the evaluation to be completed. Another AISD parent, Marie Le, said her 17-year-old daughter has also waited more than a year for a completed special education evalua- tion. Le said she plans to fight for her daughter, whom she believes is not ready to move beyond high school due to the district denying her the special education services she needs. Le said the report she received from the district is incorrect as it does not include all of her daughter’s disabili- ties nor needed accommodations. “She’s so close to graduating and not at all prepared,” Le said. What happened On March 31, TEA officials announced they would seek a conser- vatorship over AISD. Under the con- servatorship, the board and interim superintendent would remain in place, but the conservators would have decision powers. AISD has failed to correct com- plaints against the district since July 2019, according to the TEA report. Since then, a lawsuit was filed in 2021 by Disability Rights Texas, a nonprofit advocating for people with disabilities. DRT attorney Kym Davis Rog- ers said as a result of the delayed evaluations, “many students with disabilities did not receive any spe- cial education services, and others received services based on out-of- date evaluations.” Rogers said the “situation has only gotten worse” each year. “The critical personnel shortage, particularly in employing the needed

For more than a year, Nicki Hendrix’s 10-year-old son, Hendrix Olmsted, has been awaiting special education accommodations at Austin ISD. A physician diagnosed him with autism, attention-deficit hyper- activity disorder, dysgraphia and Starting in 2018 and worsening during the pandemic, AISD has failed to meet state deadlines to provide special education evaluations. DELAYED EVALUATIONS

THE EVALUATION JOURNEY

The district evaluates the child within 45 days of receiving permission from the parent A parent or campus official requests a student receive an evaluation for special education services AISD HAS BEEN IN “NONCOMPLIANCE” STATUS WITH THE TEA OVER ITS FAILURE TO COMPLETE EVALUATIONS ALONG THE STATE TIMELINE SINCE 2018, PROMPTING THE PROPOSED CONSERVATORSHIP The district notifies the parent of the outcome of the evaluation within 30 days Once a child is deemed eligible for services, an educator creates an Individualized Education Program and services are provided

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2

EVALUATION REQUESTS EVALUATIONS COMPLETED

100%

99.93%

3

93.25%

4

Pandemic begins

24.05%

Special education staff monitor the student’s progress

5

63.21%

The district reviews the student’s IEP annually

6

Positions available 71% Positions filled 29%

72 total positions*

The district re-evaluates the student every three years

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new evaluations requested between January 2023 and March 2023

*AS OF MARCH 15

SOURCES: PARTNERS RESOURCE NETWORK, TEXAS EDUCATION AGENCY/ COMMUNITY IMPACT

evaluations completed from May 2022 through March 2023

SOURCES: AUSTIN ISD, TEXAS EDUCATION AGENCY/COMMUNITY IMPACT

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