1 00:00:01,930 --> 00:00:03,520 - Hello, this is Dustin Rynders. 2 00:00:03,520 --> 00:00:06,840 I am the supervising attorney of the education team 3 00:00:06,840 --> 00:00:08,850 here at Disability Rights Texas, 4 00:00:08,850 --> 00:00:10,670 and I wanted to check in with you 5 00:00:10,670 --> 00:00:13,720 and thank our friends at the Houston Chronicle 6 00:00:13,720 --> 00:00:15,340 and Houston Public Media 7 00:00:15,340 --> 00:00:18,580 for really incredible follow-up joint investigation 8 00:00:18,580 --> 00:00:21,570 into the status of special education in our state. 9 00:00:21,570 --> 00:00:24,670 What they found is that even after a year 10 00:00:24,670 --> 00:00:27,350 of the corrective action plan where the federal government 11 00:00:27,350 --> 00:00:30,120 was expecting the Texas Education Agency 12 00:00:30,120 --> 00:00:32,390 to make sure that students who should be eligible 13 00:00:32,390 --> 00:00:37,330 for special education are finally identified and evaluated, 14 00:00:37,330 --> 00:00:41,010 that we've only made 1 percentage point of improvement. 15 00:00:41,010 --> 00:00:45,910 And so we still have hundreds of thousands of Texas students 16 00:00:45,910 --> 00:00:49,320 who we would suspect as being eligible for special education 17 00:00:49,320 --> 00:00:52,210 who are not receiving the services that they need. 18 00:00:52,210 --> 00:00:54,640 That's very consistent with what we still see 19 00:00:54,640 --> 00:00:56,810 here at Disability Rights Texas. 20 00:00:56,810 --> 00:00:59,350 Unfortunately we're still in a time 21 00:00:59,350 --> 00:01:02,630 where even though schools may be getting a little better 22 00:01:02,630 --> 00:01:06,380 at responding to parental requests for evaluation, 23 00:01:06,380 --> 00:01:10,880 they are not doing the proactive evaluation of children 24 00:01:10,880 --> 00:01:15,620 who it's their responsibility to identify. 25 00:01:15,620 --> 00:01:18,010 And a lot of the reason for that 26 00:01:18,010 --> 00:01:21,260 is that the Texas Education Agency has dragged its feet 27 00:01:21,260 --> 00:01:24,260 in the reforms that were required by the federal government 28 00:01:24,260 --> 00:01:26,403 under our state's corrective action plan. 29 00:01:27,410 --> 00:01:31,760 Specifically, the Chronicle and Houston Public Media found 30 00:01:31,760 --> 00:01:34,850 that TEA had not yet provided resources 31 00:01:34,850 --> 00:01:36,970 that they were supposed to to parents. 32 00:01:36,970 --> 00:01:39,640 That's so important to us here at Disability Rights Texas 33 00:01:39,640 --> 00:01:41,820 because we really try to do the best we can 34 00:01:41,820 --> 00:01:45,150 to keep you all in this community informed of your rights 35 00:01:45,150 --> 00:01:49,290 with the information on our website and in social media, 36 00:01:49,290 --> 00:01:51,900 and in the trainings that we give in the community. 37 00:01:51,900 --> 00:01:53,610 But we cannot do it alone. 38 00:01:53,610 --> 00:01:55,410 Our state is too big. 39 00:01:55,410 --> 00:01:58,500 There are too many communities that have unequal access 40 00:01:58,500 --> 00:02:01,570 to the information that's out there, 41 00:02:01,570 --> 00:02:03,960 so we ask for all of your help 42 00:02:03,960 --> 00:02:07,370 in sharing the resources available on our website 43 00:02:07,370 --> 00:02:08,930 and the knowledge that you have 44 00:02:08,930 --> 00:02:12,630 with people who are less likely to have that information. 45 00:02:12,630 --> 00:02:15,730 On the topic of getting evaluated for special ed, 46 00:02:15,730 --> 00:02:18,200 it is so incumbent that we share the word 47 00:02:18,200 --> 00:02:21,010 that families request the evaluations in writing 48 00:02:21,010 --> 00:02:22,470 if they're still being denied. 49 00:02:22,470 --> 00:02:24,600 And the forms on how to do that 50 00:02:24,600 --> 00:02:28,660 are all available on our website at drtx.org. 51 00:02:28,660 --> 00:02:33,660 TEA has also not provided the information that schools need. 52 00:02:35,310 --> 00:02:36,970 Schools have so many questions 53 00:02:36,970 --> 00:02:40,490 about how to better identify children with disabilities, 54 00:02:40,490 --> 00:02:42,970 and one of the things that I thought was really important 55 00:02:42,970 --> 00:02:45,630 about the media coverage this week 56 00:02:45,630 --> 00:02:49,170 was that it showed that the Regional Service Center, 57 00:02:49,170 --> 00:02:52,680 Region Four here in Houston, given responsibility, 58 00:02:52,680 --> 00:02:55,700 special responsibility on Child Find, 59 00:02:55,700 --> 00:02:58,010 this important issue of identifying all the children 60 00:02:58,010 --> 00:02:59,590 who need special education 61 00:03:00,430 --> 00:03:02,940 went to the Texas Education Agency 62 00:03:02,940 --> 00:03:06,490 desperately seeking guidance on solutions 63 00:03:06,490 --> 00:03:09,870 of how to get waiting list of children identified 64 00:03:09,870 --> 00:03:12,570 when there just aren't enough evaluators. 65 00:03:12,570 --> 00:03:16,810 I was really impressed to see that Region Four came to TEA 66 00:03:16,810 --> 00:03:18,690 with a creative solution. 67 00:03:18,690 --> 00:03:23,260 They said, you know some families have outside evaluations, 68 00:03:23,260 --> 00:03:26,810 and already know about disability issues 69 00:03:26,810 --> 00:03:28,980 that the children could be served with. 70 00:03:28,980 --> 00:03:31,300 Our schools don't have enough psychologists. 71 00:03:31,300 --> 00:03:32,780 Could we in some cases 72 00:03:32,780 --> 00:03:35,960 go ahead and use those outside evaluations, 73 00:03:35,960 --> 00:03:38,870 and start providing special ed services 74 00:03:38,870 --> 00:03:40,860 so that children don't have to wait any longer 75 00:03:40,860 --> 00:03:43,120 and struggle any longer, 76 00:03:43,120 --> 00:03:47,550 knowing that we may have to do additional supplemental tests 77 00:03:47,550 --> 00:03:50,490 on the school side at a later date? 78 00:03:50,490 --> 00:03:53,030 And according to an email 79 00:03:53,030 --> 00:03:57,420 from the Special Ed Director at Region Four, 80 00:03:57,420 --> 00:03:58,990 she was told on the phone 81 00:03:58,990 --> 00:04:02,200 by our hightest ranking special ed official in Texas, 82 00:04:02,200 --> 00:04:05,700 Justin Porter, that they should not do that, 83 00:04:05,700 --> 00:04:09,990 that he didn't want there to be any kind of jumping the gun 84 00:04:09,990 --> 00:04:12,200 and providing services to children 85 00:04:12,200 --> 00:04:14,880 until a full evaluation is done. 86 00:04:14,880 --> 00:04:16,750 And he didn't offer any other solutions 87 00:04:16,750 --> 00:04:18,910 for how we're gonna make sure that these children 88 00:04:18,910 --> 00:04:22,620 get promptly identified and served. 89 00:04:22,620 --> 00:04:26,900 And then even more shocking in that email correspondence 90 00:04:26,900 --> 00:04:30,730 from the Region Four director to districts, 91 00:04:30,730 --> 00:04:33,420 it was shared that he suggested 92 00:04:33,420 --> 00:04:36,890 that there would be some form of grace period to districts 93 00:04:36,890 --> 00:04:38,907 for not promptly identifying children. 94 00:04:38,907 --> 00:04:40,750 You know, I was asked 95 00:04:40,750 --> 00:04:42,970 what kind of grace period would be reasonable, 96 00:04:42,970 --> 00:04:47,130 and I reminded people that this law was passed in 1975. 97 00:04:47,130 --> 00:04:50,770 There's no room for grace at this point in time. 98 00:04:50,770 --> 00:04:54,023 Children need served yesterday and they need served today. 99 00:04:56,010 --> 00:05:01,010 In responding to this email, Justin Porter has claimed 100 00:05:01,150 --> 00:05:04,470 that the Region Four Special Ed Director misspoke 101 00:05:04,470 --> 00:05:06,270 and that he never gave the advice 102 00:05:06,270 --> 00:05:07,963 that is contained in her email. 103 00:05:09,430 --> 00:05:12,330 I wasn't on that call, and I don't know what was said, 104 00:05:12,330 --> 00:05:15,770 but I'll tell you this; in my experience, 105 00:05:15,770 --> 00:05:17,940 the regional service centers and districts 106 00:05:17,940 --> 00:05:20,310 are truly hungry for solutions 107 00:05:20,310 --> 00:05:23,840 to try to move forward in this process, 108 00:05:23,840 --> 00:05:27,290 and TEA is not giving them what they need. 109 00:05:27,290 --> 00:05:30,970 I have no reason; Ms. Gates who was in the job 110 00:05:30,970 --> 00:05:33,560 at Region Four is now in retirement, 111 00:05:33,560 --> 00:05:35,080 and I think it's somewhat unfair 112 00:05:35,080 --> 00:05:37,710 that we've besmirched her reputation. 113 00:05:37,710 --> 00:05:40,850 I have no reason to doubt that TEA did 114 00:05:40,850 --> 00:05:44,190 what they've done for years, and suggest continued delay 115 00:05:44,190 --> 00:05:46,020 and denial of districts, 116 00:05:46,020 --> 00:05:48,150 not thinking that they would be caught, 117 00:05:48,150 --> 00:05:50,600 not thinking that a public information request 118 00:05:50,600 --> 00:05:52,210 would identify the email 119 00:05:52,210 --> 00:05:57,210 where the advice was recalled to Texas districts. 120 00:05:58,300 --> 00:06:01,090 We can't afford for TEA to give mixed messages. 121 00:06:01,090 --> 00:06:03,550 It doesn't matter if it's an official communication 122 00:06:03,550 --> 00:06:05,910 or a communication of any other sort, 123 00:06:05,910 --> 00:06:10,100 it is important that TEA speak across the board 124 00:06:10,100 --> 00:06:12,350 in every setting about the importance 125 00:06:12,350 --> 00:06:14,763 of identifying children who need to be served. 126 00:06:16,020 --> 00:06:18,770 TEA is now working on some resources for schools, 127 00:06:18,770 --> 00:06:20,340 and we're pleased to see that, 128 00:06:20,340 --> 00:06:23,570 but we still haven't seen any clear directives 129 00:06:23,570 --> 00:06:26,720 on some of the most obvious solutions 130 00:06:26,720 --> 00:06:30,790 to find the children who need identified. 131 00:06:30,790 --> 00:06:33,330 For example, in our state we know 132 00:06:33,330 --> 00:06:35,680 that there are many students currently served 133 00:06:35,680 --> 00:06:39,890 by Section 504 and in dyslexia services. 134 00:06:39,890 --> 00:06:44,670 Both groups of students, we already know have disabilities. 135 00:06:44,670 --> 00:06:48,350 TEA should be speaking clearly to districts 136 00:06:48,350 --> 00:06:49,970 that they need to review 137 00:06:49,970 --> 00:06:52,650 all of the children in those programs, 138 00:06:52,650 --> 00:06:55,490 and look for children who aren't succeeding academically, 139 00:06:55,490 --> 00:06:57,790 who have been held back for a year, 140 00:06:57,790 --> 00:07:00,748 who are being sent to disciplinary settings, 141 00:07:00,748 --> 00:07:04,710 and do a folder review on any of those children 142 00:07:04,710 --> 00:07:07,440 who are struggling to ask that question; 143 00:07:07,440 --> 00:07:10,090 should this child be suspected 144 00:07:10,090 --> 00:07:11,560 of needing special ed services? 145 00:07:11,560 --> 00:07:13,940 Should we initiate evaluation? 146 00:07:13,940 --> 00:07:17,300 I have yet to see anything from TEA 147 00:07:17,300 --> 00:07:21,020 encouraging districts to take that very obvious step. 148 00:07:21,020 --> 00:07:25,453 And so that's what we would request from them at this time. 149 00:07:27,330 --> 00:07:31,130 I also think it's important to speak to y'all, 150 00:07:31,130 --> 00:07:35,100 our disability community and other families 151 00:07:35,100 --> 00:07:39,340 and concerned professionals, and ask that you help us. 152 00:07:39,340 --> 00:07:42,170 We'll keep trying to keep the pressure on TEA 153 00:07:42,170 --> 00:07:45,540 to do a better job of educating families about their rights. 154 00:07:45,540 --> 00:07:47,040 But here at at Disability Rights Texas 155 00:07:47,040 --> 00:07:48,280 we want your help too. 156 00:07:48,280 --> 00:07:51,850 So the biggest thing you can do to help us at this point 157 00:07:51,850 --> 00:07:54,110 is share these outstanding media articles, 158 00:07:54,110 --> 00:07:57,020 share the Houston Public Media story, 159 00:07:57,020 --> 00:07:58,790 the Houston Chronicle story. 160 00:07:58,790 --> 00:08:00,380 Share the resources you find 161 00:08:00,380 --> 00:08:02,530 on the Disability Rights Texas website, 162 00:08:02,530 --> 00:08:04,660 and of course share the valuable knowledge 163 00:08:04,660 --> 00:08:06,930 that many of you have as well. 164 00:08:06,930 --> 00:08:10,170 Thank you for being in this fight with us for the long haul, 165 00:08:10,170 --> 00:08:13,590 and making sure that we ensure that all Texas students 166 00:08:13,590 --> 00:08:15,620 who need special education services 167 00:08:15,620 --> 00:08:18,170 are afforded an opportunity to be evaluated 168 00:08:18,170 --> 00:08:19,770 and served the way they deserve.