By Steven Aleman, Education Policy Specialist at DRTx

August in Texas means extremely hot weather and of course, back to school. It also means some changes in how public schools deliver special education services.

The Texas State Board of Education (SBOE) and Texas Education Agency (TEA) have several new rules going into effect in the 2024-25 school year related to students with disabilities.

New SBOE rules impacting students with dyslexia and related disorders include:

• School interventions and services to students with dyslexia are considered special education services and therefore these students should qualify under the Individuals with Disabilities Education Act (IDEA).
• Schools are required to involve school personnel with expertise on dyslexia in the evaluation of a student suspected of dyslexia, and in the planning of services.
• More detailed direction of which school personnel may be considered as having expertise on dyslexia and whether a teaching certificate is required.

New TEA rules related to educating students with disabilities in special education include:

• For students referred and evaluated for special ed services during the summer, the deadline for the ARD (Admission, Review, and Dismissal) committee to have a written IEP (Individual Education Plan) has changed from the first school day of the school year to the 15^th.
• The eligibility category of “emotional disturbance” was renamed to “emotional disability.”
• The eligibility category of “learning disability” was revised to clarify that students with dyslexia and related disorders fall within this category.
• A more meaningful definition of what annual goals in an IEP should contain and cover was provided.
• The IEP supplement for students with autism was enhanced by adding new elements for ARD committees to consider and address.
• ARD committees are required to start addressing federal transition planning requirements when a student reaches age 14, rather than at age 16.

For more information about issues happening at schools across the state that may impact your child, see our August 2024 Back to School E-Newsletter. And remember that we have several education rights resources on our website including our comprehensive IDEA manual to help you advocate for your student.

Disability Rights Texas, alongside The Arc of the United States, The Arc of Texas, and the American Association on Intellectual and Developmental Disabilities, has joined with Fried, Frank, Harris, Shriver & Jacobson LLP to file a “friend-of-the-court” brief in a significant death penalty case before the Texas Court of Criminal Appeals. The brief aims to safeguard individuals with intellectual disability from unconstitutional executions by advocating for the use of scientific criteria over outdated stereotypes in determining intellectual disability.

The brief, which centers on the case of current death row inmate Blaine Milam, emphasizes that accurate identification of intellectual disability is crucial in ensuring justice, particularly in capital cases. The brief also underscores that courts must adhere to clinical standards rather than relying on misconceptions that can lead to unjust outcomes.

The brief seeks to reinforce already-established legal protections, thus advocating for a more just and equitable judicial approach for individuals with intellectual disabilities facing the death penalty.

We are excited to learn that we have received this year’s National Disability Rights Network (NDRN) Advocacy Award for our work on behalf of voters with disabilities in Texas.

An email from Marlene Sallo, NDRN Executive Director, said:

I am very excited to reach out and let you know that it is my pleasure to inform you that Disability Rights Texas has been awarded the NDRN Advocacy Award for your work on behalf of voters with disabilities in Texas.

Disability Rights Texas has shown extraordinary leadership by investigating the accessibility of county election websites throughout the state and determining that most of the websites were in noncompliance. These efforts led the Department of Justice to initiate its own investigation which supported your findings. Bravo!

I know that you are very proud of the diligent work of DRTx’s voting team, attorneys, and staff and the results of their work: improved access to accessible ballots on behalf of voters who are blind or who have print disabilities and amicus support for lawsuits seeking to improve access to mail-in ballot drop boxes.

DRTx’s persistent and creative approach to voting rights and access has allowed many voters with disabilities to vote privately and independently for the first time. Your efforts are a model for the entire P&A/CAP network.

For these reasons and more, we’re so happy to be able to honor your work this year.

Thank you for reading our Fiscal Year 2023 Impact Report (PDF) and coming here to learn about other important advocacy work we are doing because of your support. Here are a few more highlights from the past year.

Fighting for justice for Texans with disabilities trapped in jail

For nearly two decades, Texans deemed incompetent to stand trial have suffered prolonged stays in jail, spanning months or even years, while waiting for admission to mental health facilities for competency restoration treatment. Without this treatment, their right to a fair trial remains elusive.

In response to this egregious practice, Disability Rights Texas took action in 2016 by filing a class action lawsuit, Ward v. Young (formerly Ward v. Hellerstedt), on behalf of affected Texans, asserting that this prolonged confinement violates their constitutional right to due process under the 14th Amendment.

Today, their plight continues. Due to lack of staff and space at facilities, close to 2,000 people are languishing in jails, enduring an average wait time of 1.2 years for transfer to mental health facilities. Tragically, during these extended waits, some have suffered irreversible harm, including death, severe medical complications, and physical injuries.

Since the lawsuit’s inception, significant milestones have been achieved, including defeating a motion to dismiss and obtaining class certification. With the parties currently submitting cross motions for summary judgment, DRTx is optimistic that a resolution is within reach.

Helping justice-involved youth stay in school

Anywhere from 65 to 85 percent of students in the juvenile justice system have a disability and may require special services to be successful in school, yet many are not receiving those services. To address this critical issue, Disability Rights Texas formed a partnership with the Harris County Juvenile Probation Department in 2016 to provide educational advocacy services for youth involved in the county’s justice system.

Since the program’s inception, we’ve been able to help nearly 3,000 youth to get the educational services they need. More than 90 percent of the youth we have served have not re-offended.

One major barrier youth face after exiting the system is re-entry into their local public school. That’s why in 2023 we collaborated with multiple agencies and professionals to provide training at area conferences on best practices and legal requirements for school re-entry. To accompany the training, DRTx helped produce “Back on Track,” a short video that explains the issue and includes testimonials from school administrators on the critical role they have in helping youth return to school.

Advocating for the needs of children in foster care

As many as half of the 28,000 plus children in Texas foster care have a disability.

Many of those kids are not getting the medical care, education and other services they need. Also, they are half as likely to be reunited with their family or adopted and are more susceptible than their peers to experience homelessness, incarceration, and dropping out of high school.

In 2023, we provided legal representation to more than 80 children in foster care.

One of our clients was a terminally ill child who was experiencing fraud and medical neglect by his care provider. We ensured he was moved to a safe and caring home for the remainder of his life.

We also helped a client finally qualify for a Medicaid waiver program she had been turned down for multiple times, ensuring that she will be able to remain with her long-term caregiver and receive supports for the rest of her life.

Since forming this specialized team in 2010, DRTx has represented youth in numerous court hearings, special education ARD meetings, treatment team meetings, and more. Because of our innovative approach, we have witnessed children’s lives transform in tangible ways. Caseworkers, lawyers, and judges from around Texas request our involvement in cases due to our innovative approaches and expertise.

Counting the cost of a proposed school voucher bill

In the 2023 Texas legislative session, a proposed bill for school vouchers sparked heated debate. With an already under-funded state public school system, many feared that the bill would be detrimental for children needing special education services, especially those who live in lower income school districts. That’s why our policy staff joined with other advocacy groups in a full-on effort to educate legislators through the regular session and four special sessions about how the bill would negatively impact Texas children with disabilities.

The bill did not pass.

Rounding up a more accessible Houston Rodeo

Sometimes our legal advocacy for one person benefits many others. In 2023 we filed a Department of Justice (DOJ) complaint on behalf of one client because of inaccessibility of the Houston Rodeo. We later learned that the DOJ received additional similar complaints and investigated. The Houston Rodeo has since made their parking, bathrooms, seating and other parts of the event accessible.

Fiscal Year 2023 Impact Report

 

If you live in Texas, you know that a disaster can strike at any moment – it’s a question of when, not if. Because disasters and emergencies are a constant threat, it’s important for people with disabilities to be ready so you don’t have to get ready. So how prepared are you? Tell us!

Disability Rights Texas (DRTx) is conducting the 2024 Disaster Resilience Survey of Texans with Disabilities. Your responses will help DRTx understand how prepared Texans with disabilities are and identify the needs in the community.

The survey is for:

• people with disabilities
• people who support people with disabilities
• other people with a connection to the disability community

The survey asks what you’re worried about, how prepared you are, what supplies you keep on hand, and more. With the survey results, DRTx could create new resources, develop education and training for the community, guide advocacy and policy initiatives, and educate emergency managers about the needs of the disability community.

American Sign Language (ASL): If you use ASL, watch this ASL video about the survey or read the information below.

ASL users can complete the survey via video phone call. To complete the survey, call DRTx at one of the video phone numbers below. The video phone lines are open Monday through Friday, from 9 a.m. to 4 p.m. Central Time. If there’s no answer, please leave a video message and we’ll call you back within a few days.

• Sign Language Video Phone: 1-866-362-2851
• Purple 2 Video Phone: 1-512-271-9391

The survey is available in English, Spanish, and ASL. The deadline to complete the survey is May 13, 2024. If you need help completing the survey, or if you need it in a different format, you can either email DRTx, or you can call us at 1-800-948-1824 or one of the video phone options listed above.

Surveys links:

• 2024 Disaster Resilience Survey of Texans with Disabilities
• Encuesta 2024 de resiliencia ante desastres de Tejanos con Discapacidades

Our Human Resource Team interviewed some of DRTx’s Black disability rights advocates and attorneys about Black History Month (BHM). Here are some of the things they had to say. Our sincere thanks to Marvin, LaRita, and Danielle for taking the time to share their thoughts.

What does Black History Month mean to you?

Marvin: “Black History Month honors our ancestors, change-makers, and revolutionaries—both the well-known names and the unheard-of and forgotten individuals. Many of them worked tirelessly, yet the fruits of their labor often went unseen and unenjoyed. Our freedoms owe much to their efforts. While we often appreciate the stories and legends, it is essential to express our gratitude to the human side of these individuals who dedicated parts of themselves to improve our society.”

LaRita: “During the month of February, I take extra time to reflect on my life story and the stories of everyone that has helped to pave the path that I walk on. I use both the terms Black and African American history. Black History is a part of my everyday life. Whether I am talking with a relative who just happens to be the first African-American man to work as a clerk in a public bank in Falls County, Texas, or sitting down to eat lunch with three prestigious Navy officers, learning (trying to learn) Pidgin Bantu or working to convince young women, of any color, that they too can be the first person in their family to go to college. I am aware that everything that I do also becomes part of a larger history. Black History Month for me is about taking the time to acknowledge and cherish those whose hard won accomplishments made it possible for me to go forward and help pave the path for others.”

Danielle: “To me, Black History Month means an opportunity to reflect on the significant innovations that African Americans have made to the United States in the areas of Advocacy & Social Justice, Law, Education, Poetry, Health, Science, Fine Arts and Entertainment for the betterment of our society and culture.”

How are you observing this month?

Marvin: “I am being intentional about supporting Black-owned businesses, not just during this month but as part of my regular consumer choices. I am attending cultural events, performances and discussions in the Austin Metro area that provide a platform for authentic conversations about Black history and contemporary issues.”

LaRita: “This year I am working with a church group of kids between the ages of 8 to 12 who are learning about Black Trail Blazers living and gone who have helped the community as a whole here in Houston, Texas, with a “History is closer than you think” project.  I am also learning more about my genetic past and working towards one day visiting West Africa.”

Danielle: “I celebrate Black History Month throughout the month and year through my support for black owned businesses by attending ‘Black Market Vendor’ events, attending and exploring various culture events, such as Alvin Ailey Dance Theater, book readings, museum exhibits, and restaurants. Additionally, I am a proud active member of Alpha Kappa Alpha Sorority, Incorporated which is the oldest Greek Lettered African American Sorority founded in 1908 with a membership of over 300,000 women who are committed to providing service to all mankind throughout our communities, states, nation, and the world.”

What do you want your coworkers and colleagues to know most about BHM?

Marvin: “Black History Month means the appreciation and acknowledgement of Blackness and how it touches all aspects of our society. It is a celebration of the radical joy and resilience of Black folk, including women, nonbinary, trans, queer and disabled people. It’s a reminder that the level of respect shown during this month is something that needs to be consistent the entire year. It’s a call to action to continue to advocate for and uplift those within society who are often pushed to the margins.”

LaRita: “This month and during future Black History Months, take the time to listen to the histories of those in your local community.  It is not only the big 4= MLK, Malcolm X, Harriet Tubman and George Washington Carver. Yes, they are important and had an impact on the lives of thousands. But so are Charles Rhinehart (1^st African-American to be admitted to University of Houston in 1961, now 83 years old), Barbara Jordan (my first big hero to see in person and 1^st African-American Texas Senator) and Lee Brown (59^th Mayor of Houston, still living). You never know, your next-door neighbor may be a truly phenomenal individual. Today as so many seek to change how history is viewed and learned, always remember the old adage those who fail to learn from history are doomed to repeat it. Embrace the good, the bad and the ugly parts of history and work to make a better story for everyone.”

Danielle: “Black History is a very rich culture of various depths.  Be open and curious to research the achievements of various Black Americans that have made major contributions to our beautiful and diverse United States of America. If you are ever in the Washington D.C. and surrounding areas, plan a trip to the Smithsonian’s National Museum of African American History and Culture for an unforgettable experience through the Black Legacy: Past, Present, & Future.”

Here are some websites Danielle suggests for people to explore and learn more:

• National Museum of African American History
• Alpha Kappa Alpha Sorority
• National Pan-Hellenic Council
• National Geographic Kids: African-American Heroes
• Black and African American Inventors and Inventions that Changed The World

Marvin also ask that we share this picture of Trayvon Martin while attending aviation camp, and asked that we include it with this thought, “Rest in Power, Trayvon.”

 

The Disability Rights Texas (DRTx) website now includes Google Translate, which makes our information and resources available in Chinese and Vietnamese. To use Google Translate on the website, just click the “Language” dropdown next to the globe at the very top of the website.

The majority of the DRTx website continues to be available in Spanish, having been translated by human translators. Webpages that have Spanish versions can be identified by the English/Español toggle (and the corresponding flag) that appears at the end of the website’s navigation section. Google Translate is available to translate any webpages that don’t already have a Spanish version.

Learn more about our website translation options.

With your support this year, we helped tens of thousands of Texans with disabilities know their rights, stay in their jobs, get the education and healthcare they need, move out of institutions, have their rights restored, and more. Below are highlights of what we were able to accomplish this past year because of you. You can also read our full Fiscal Year 2023 Impact Report (PDF).

Some recent changes to voting laws in Texas could impact voting accessibility. Learn about how the changes – and accommodations that are available – could impact people with disabilities.

Curbside voting

Did you know that Texas voters who are unable to physically enter a polling place can vote curbside? Each polling place is required to have (at least) one designated curbside voting parking space. The parking space should have a sign that says “curbside voting” and there should be a way for you to let election workers know that you are there. This parking space is not one of the accessible parking spaces.

If you plan on voting curbside, you are not legally required to contact your polling place ahead of time, but it’s not a bad idea to do so.

Voting order priority

Voters with certain disabilities and impairments can ask to move to the front of the line (i.e., to be given priority) at a polling place. This includes people:

• with neurological or orthopedic conditions;
• with heart and lung disease;
• who use oxygen; and
• who use a wheelchair, walker, cane or other mobility device.

It is also possible that an election worker will see you and ask for your permission to move you to the front of line.

Election workers must allow voters with certain disabilities to go to the front of the line. If someone is assisting you at the polling place, that person should also be able to go to the front of the line with you. Election workers are not allowed to ask you about your disability in any way.

Voter assistance

You can get help (i.e., assistance) at a polling place if you need it. You can ask for help with:

• navigating the polling place,
• getting checked in, and
• reading and marking your ballot.

You can get help from an election worker or someone else that you choose.

Voting by mail

To vote by mail in Texas, you must apply for a ballot by mail. The Application for Ballot By Mail (ABBM) is available in English and Spanish. You can access the ABBM on your county’s election website (if it has a website) or on the Texas Secretary of State’s website.

Submit your completed application to your county’s election office. If your county can’t process your ABBM, they may contact you and you may be able to correct the problem through the online Ballot By Mail Tracker.

For the current election, the deadline to submit an ABBM was Friday, October 27, 2023.

Voting resources

See our Voting resources for more information to help you vote.

Blind and low-vision registered voters in Bexar County can vote absentee in a secure, accessible manner this year for the first time.

To vote using the new electronic accessible ballot by mail option for the upcoming election, you must apply by October 27, 2023. Here is what you need to do:

• Complete the Application for Ballot by Mail and the Declaration of Blindness.
• Print out and sign both.
• Address and mail to the Early Voting Clerk at 1103 S. Frio St., Suite 200, San Antonio, TX 78207-6328.
• Submit before Friday, October 27, 2023.

Learn more about the OmniBallot Electronic Absentee Ballot and get further instructions on downloading the above forms.

Information Session via Zoom

Join the National Federation of the Blind of Texas and Disability Rights Texas on Monday, October 23 at 3:00 p.m. Central Time for an information session on the accessible Ballot by Mail and other voting changes this year. Join the meeting in one of the following ways:

• Zoom link: https://nfb-org.zoom.us/j/98446201963
• One tap mobile +13126266799,,98446201963#
• Phone: 1-346-248-7799

Meeting ID: 984 4620 1963. Captions and Spanish will be available.

Why This Just Became Available

In 2022, 3 blind voters – Larry Johnson, Wendy Walker and Amelia Pellicciotti – along with the National Federation of the Blind of Texas and the Coalition of Texans with Disabilities, filed suit against Bexar County in federal court. The complaint alleges violation of the Americans with Disabilities Act (ADA). The plaintiffs are represented by Disability Rights Texas, Winston & Strawn, LLP, and Eve Hill of the Baltimore firm of Brown Goldstein & Levy.

Other federal courts have held that the ADA applies to all aspects of a jurisdiction’s voting program, including mail-in ballots specifically.

Due to these advocacy efforts, the Court issued a Permanent Injunctive Order on July 27, 2023. Bexar County only recently put the accessible electronic system in place. The order states:

“Beginning with the November 7, 2023, election, and for all future elections within the term of this Permanent Injunction, Defendants Bexar County, Texas and Bexar County Elections Administrator, Jacquelyn Callanen, in her official capacity, shall ensure that an electronic remote accessible vote-by-mail system (“RAVBM”) is available to blind voters in time for the start of absentee voting for the election in Bexar County.”

Your Voice Makes a Difference

Voting in any election is important because it provides citizens with the opportunity to voice their opinion about elected leaders and policies. Your voice matters even more this year because the success of the accessible absentee program may affect whether it is made available in future elections and in other counties.

Know Your Voting Rights

Visit the Disability Rights Texas Voting Rights Resources webpage to learn more about all of your voting rights.