Our recent Back to School Newsletter provides highlights of a few significant special education related bills that passed this year. Here are a few more details on those laws plus information on a new resource we have explaining many other new laws.

New laws that impact our kids

Many education-related bills that impact students with disabilities passed in this year’s state legislative session. Our new resource, Overview of Texas Special Education Bills Passed in 2023, lists several of these new laws. Here are a few highlights from that resource:

• House Bill 3928 improves special education services for students with Dyslexia and related disorders. Some of the bill’s provisions include clarification on how students with Dyslexia qualify for special education services, a requirement to update the state’s Dyslexia Handbook, and that providers of Dyslexia interventions must be appropriately trained. These are just a few of the many requirements in this new law.
• Senate Bill 133 limits law enforcement and school security personnel in the use of physical force and restraint techniques on elementary students. We started the session with a press conference at the Capitol calling on legislators to stop the violence experienced by many Texas students when being restrained. This bill is a start. It applies to students in 5th grade or below and prohibits use of a Taser, chemical irritant spray, handcuffs, and physical restraint.
• A major provision of recently passed House Bill 473 adds to legislation passed in 2019 that created school threat assessment teams. Now those teams must involve the parents of the student being assessed.
• House Bill 3 addresses physical security and safety of public schools and includes several requirements such as new guidance on emergency plans for students with disabilities; district employees being trained in mental health first aid; and TEA monitoring districts on school safety and establishing an Office of School Safety and Security. Read our resource to learn about other provisions in this new law.

These laws become effective for the 2023-2024 school year. For more on these and other bills that passed, see our new resource, Overview of Special Ed Laws Passed in 2023.

Resources for a successful school year

Don’t forget that we have several education resources to help you know your rights so you can advocate for what your student needs this year.

• IDEA Manual: A Comprehensive Guide on Special Education in Texas
• Requesting an Initial Evaluation
• How to File a TEA Complaint
• Request a Camera in Your Child’s Classroom
• Dealing with Incident Reports and Requesting Video Recordings
• Interactive Discipline Guide

For news and updates throughout the year, join our Facebook group, Keeping Tabs on TEA and State Related Special Ed Issues, and subscribe to our new Special Education News & Resources email list.

If there’s a disaster or emergency, planning for your healthcare needs – which includes specialized medical services, attendant services, and mental health supports – could help you stay as independent as possible during a potentially chaotic time.

Provider services

Whether you receive healthcare services in the community or in a group setting, you should continue to have access to services when a disaster strikes. Be proactive and ask your provider about their disaster or emergency plan so you know what to expect when a disaster occurs.

Medications

If a disaster or emergency turns your life upside down, you still want to have access to your medications – no matter where you end up. Make sure you have enough medications and keep your medications safe. Also, learn how you can refill a prescription if you run out of one during a disaster.

Mental health care

Your mental and behavioral health could be impacted by the trauma and uncertainty associated with a disaster and recognizing your personal needs is critical to your recovery and overall well-being. Learn about the potential mental and behavioral health resources and supports that could help you recover from a disaster.

Additional information

For a deeper dive on each of these topics, see the resources listed below.

• Maintaining Healthcare When Disaster Strikes
• Medications and Disasters
• Disaster Mental Health Care

By now most people know that the ADA (Americans with Disabilities Act) is a ground-breaking law that protects the rights of those with disabilities and enables them to be fully included in American life. As we celebrate the 33rd anniversary of the passage of this legislation, we did some research and found out a few things about the ADA that we bet you didn’t know:

1. President George H.W. Bush signed the ADA with 59 pens, each of which were later given to key figures involved in the advocacy for disability rights.
2. Since 2000, 181 countries have have passed disability civil rights laws inspired by the ADA.
3. More than half of accommodations for people with disabilities under the ADA cost employers NOTHING. The average for other accommodations is about $500.
4. The ADA also applies to digital accessibility, not just physical. In fact, the number of web accessibility lawsuits that were brought to federal court citing Title III of the ADA reached a new record in 2022, with plaintiffs filing 3,255 lawsuits—a 12 percent increase from 2021.
5. Family members and others that have a relationship with a disabled person cannot be discriminated against by an employer or potential employer for that association. For example, an employer cannot refuse to hire an individual who has a child with a disability based on an assumption that the applicant will be away from work excessively or be otherwise unreliable. (Learn more about the ADA’s Association Provision.)

Join us in celebrating the ADA anniversary by purchasing one of our Imagine t-shirts. Proceeds from sales support our work to create a more accessible Lone Star State. (Sales end July 30, 2023.)

Knowing your rights and then learning how to effectively advocate for yourself are extremely important skills for people with disabilties to have. That’s why we are excited to announce a new 3-part video series, How to Be Your Own Best Advocate.

These videos and accompanying resources were created in partnership with DRTx Self-Advocate Intern Larissa Minner of the University of Texas ACT-LEND Practicum Program and is based on her research, and her professional and personal experience.

Video 1 covers:

• Defining self-advocacy
• Tips for problem solving
• How to be assertive vs. aggressive

Video 2 explains:

• What partial disclosure is
• Why and how to use self-disclosure

Video 3 discusses:

• Facing external obstacles such as people’s attitudes toward your disability
• Dealing with your own self-talk and internal struggles

Accompanying handouts are available linked below.

• Self-Advocacy Overview
• Self-Advocacy Problem Solving
• Partial Disclosure

Our thanks to Larissa for her great work on this important project. 

This month we celebrate the 33rd anniversary of one of the most important pieces of legislation in our nation’s history – the Americans with Disabilities Act (ADA). Passed in 1990, this civil rights law prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.

The law’s purpose is to ensure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. The law was amended in 2008 to making a number of significant changes to the definition of “disability.”

Though we’ve seen many changes over the years in making our nation more accessible, Texas still has some work to do. Disability Rights Texas remains dedicated to creating a Lone Star State where people with disabilities can live and thrive in our communities.

You can celebrate the ADA this year and support our work by purchasing one of our “Imagine” t-shirts. Spread a message of inclusion while supporting our work to make Texas fully accessible. And buy a few extra for family and friends!

Thank you for your continued support of our work.

 

Summer is here, and that’s not always a good thing.

Texas is hot, and it’s going to get hotter. As temperatures rise and we see more extreme heat and wildfires, more people with disabilities and service animals may face dangerous – even life-threatening – conditions.

With recent temperatures already exceeding 100° across many parts of the state, the time to prepare is now. Below are some things you can do to stay safe.

• Know what’s up: watch the weather so you know when extreme heat is coming and make sure you understand the different heat-related warnings.
• Stay cool: before the heat arrives, prepare your home to keep the hot air out and the cool air in. And know where your local cooling centers are if you have to leave.
• Signs of illness: understand heat-related illness so you know what symptoms to look for and what to do.
• Wildfires: take proactive steps to protect your home from wildfires and create your own wildfire action plan.

For more information about these tips and others, see our new resource:

• English: Be Prepared for Texas Heat & Wildfires
• Spanish: Prepárese para el calor y los incendios forestales de Texas

Hurricanes can cause all types of problems that turn your life upside down. They can disrupt access to things like food and water, power, cell phone service, and more. It’s important to be prepared so you can deal with whatever a hurricane throws at you.

Hurricane season officially started June 1. Whether you’re a preparedness newbie or someone who has prepared in the past, take this opportunity to make sure you’re as ready as possible. Get started by reading – and thinking about – the questions below.

• Food and water: do you have enough food and water on hand, and do you know where it will be distributed?
• Transportation: if you leave your home, do you have access to reliable transportation?
• Housing: is there a place you can go if you have to leave your home?
• Power: do you have a backup power source in the event there’s a long power outage?
• Healthcare: do you have a plan for accessing medical care during and after a hurricane?
• Get help: do you know what resources will be available to help you recover from a hurricane?

For more information about the questions listed above and more, see our new hurricane preparedness guide:

• English: Hurricane Preparedness for Texans with Disabilities
• Spanish: Preparación ante huracanes para personas discapacitadas en Texas

May is Mental Health Awareness Month, a great time to remind ourselves about what we can do to advance awareness, acceptance, and inclusion of people with mental health conditions.

People with mental health conditions are just like everyone else. They have hopes and dreams, and they experience the ups and downs that life brings. They want to live in the community, spend time with friends, have a job, and make their own decisions. They want what most people want.

They also have the same rights as everyone else including the right to be treated with dignity and respect and to be free from discrimination. If a person is receiving mental health services, they have specific rights, whether they live in the community or an institution.

Protecting Rights

Protecting the rights of people with mental illness is a big part of what we do at Disability Rights Texas (DRTx). That’s because historically, people with mental health issues were often confined against their will and subjected to unnecessary, inhumane treatments. Those who were not institutionalized still faced an uphill battle against discrimination and stigmatization.

As society’s understanding has grown, some attitudes and policies have shifted. Laws were passed and programs were established to ensure the rights of people with mental health conditions were protected, including the establishment of agencies like ours.

Knowing the Facts

But as you know, we still have a long way to go. For example, the media, public officials, and others are quick to link mass shootings to mental illness. Yet according to the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA):

Most people with mental health conditions are no more likely to be violent than anyone else. Only 3%–5% of violent acts can be attributed to individuals living with a serious mental illness. In fact, people with severe mental illnesses are over 10 times more likely to be victims of a violent crime than the general population.

It Could Be You

Today, an estimated one in five people will experience a mental health issue this year, and half of all people will experience one in their lifetime. Anyone can have a mental health condition, regardless of their background or lifestyle. Even if you don’t experience a mental health issue, odds are someone you know will.

So let’s stop the stigma by changing the way we think and talk about mental illness. Because tomorrow you could find it’s your loved one – or you – who you are talking about.

Next Steps

Get Involved: We are now accepting applications from those interested in becoming a member of our Protection and Advocacy for Individuals with Mental Illness (PAIMI) Council. The PAIMI Council includes Texans with mental illness, family members and professionals who advise DRTx on policies and priorities specific to our advocacy for those with mental health issues. The application deadline is July 31, 2023.

Know Your Rights: To make sure you know your rights and the rights of others, see the self-advocacy resources on the DRTx website and also the Rights of All Persons Receiving Mental Health Services in the Texas Administrative Code. If you think your rights have been violated, you can apply to get help from DRTx.

People with disabilities experience sexual assault at alarmingly high rates – much higher than people without disabilities. Consider these statistics:

• 90% of people with intellectual or developmental disabilities (I/DD) will experience sexual abuse at some point during their lives.[1]
• Women with I/DD are 10.7 times as likely to be sexually assaulted than other women.[2]
• 50% of people with I/DD will experience 10 or more incidents of sexual abuse.[1]

A couple of the reasons people with disabilities experience sexual assault are the closeness of the perpetrators and barriers to reporting what happened.

Perpetrators

People with disabilities can be easy targets and the perpetrators are likely to be someone close to them, like a family member or caregiver. The perpetrator has easy access to the person with a disability, and knows their vulnerabilities, routines, etc. For example, if the person with a disability spends part of their day in an isolated setting – where no one is watching – a perpetrator may exploit this situation.

Barriers

A person with a disability who has been sexually assaulted may face various barriers that prevent them from reporting what happened to them. Below are just some of the potential barriers.

• Retaliation: The individual may fear that the perpetrator, who has access to them, could retaliate if they found out it was reported.
• Credibility: Society may incorrectly perceive people with disabilities as being less credible, so the individual may think no one will believe them, even if they do report the incident.
• Stigma: Most people who experience sexual assault don’t want to talk about it for various reasons, including the stigma associated with these incidents.
• Accessibility: Methods for reporting incidents may not be accessible to people with disabilities.

Report it

Even with the challenges described above, it’s important that instances of sexual assault experienced by people with disabilities are reported. The survivor should be able to pursue justice and the perpetrator should be held accountable.

According to Texas laws, anyone who has a reasonable cause to believe an adult with a disability is being abused must report it to the Texas Department of Family and Protective Services (DFPS).

There are a few ways you can report abuse to DFPS:

• Phone: 1-800-252-5400
• Online: Texas Abuse Hotline Website
• Relay: Use the relay service of your choice or use Relay Texas at 7-1-1. Tell the relay operator to call the Texas Abuse Hotline at 1-800-252-5400.

Also, for additional information about getting help and support, see Sexual Assault and People with Disabilities.

 

April is Sexual Assault Awareness Month

 

Footnotes:

[1] Valenti-Hein, D. & Schwartz, L. 1995. The Sexual Abuse Interview for those with Developmental Disabilities. Santa Barbara, CA: James Stanfield Publishing Company
[2]Carlene Wilson & Neil Brewer (1992) The incidence of criminal victimisation of individuals with an intellectual disability, Australian Psychologist, 27:2, 114-117, DOI: 10.1080/00050069208257591

Did you know that there are different ways to refer to different people with disabilities? While there are different opinions within the disability community about how to talk about people with disabilities, being respectful and asking an individual about their preference are always good ideas.

What’s the difference?

Identity-first language is a way of referring to individuals that emphasizes what they consider to be a core part of their identity. Identity-first language is more common in the autism community, where some people identify as autistic and work to dispel the notion that autism as an unfortunate affliction or defining characteristic.

Examples of identity-first language in the autism community could include “autistic person” or “autistic individual.”

People-first language, on the other hand, puts the person before their disability or condition. The theory here is that someone is a person first and not defined by their disability. Historically, people with disabilities were often referred by the name of their disability, which denied their individualism and, in a way, dehumanized them.

A broad example of people-first language is “person with a disability.” More specific examples could include “an individual with Down syndrome” or “a person with an intellectual disability.”

Our poll

Throughout the disability community, preferences on how to refer to people vary widely, which was reflected in a poll we conducted of our social media followers. We had 129 people answer our poll and share their opinions on this topic. Here were the results:

• 11% preferred identity-first language
• 56% preferred people-first language
• 26% were okay with using either
• 7% answered “other” but didn’t tell us why

One person who preferred identity-first language said, “I’m disabled. My daughter is disabled. Person-first is often (not always) pushed by parents and providers as if disabled is a shameful word.”

Another who preferred people-first said, “My son is diagnosed with Down Syndrome/Autism, but that’s not who he is.”

Others said that as long as a person was speaking and acting respectfully, they didn’t have a preference.

When in doubt, ask

Ultimately, this issue of what language to use is all about respect. If you aren’t sure about how to refer to someone, do the respectful thing and just ask them. Getting the person’s preference directly from them ensures that they choose – not someone else – how they’re referred to.

Additional resources

Identity-First Language: In the autism community, there are differing views on how to refer to autistic individuals. In this article, Lydia Brown explores this topic and makes the case for identity-first language. You can also listen to the Identity-First Language article.

People-First Language: A resource from the Texas Council for Developmental Disabilities covers everything you need to know about people-first language. Download the People-First Language handout (PDF) to learn about why words matter and what you should say.