Investigation: Texas systematically denied students sped services

Brian M. Rosenthal of the Houston Chronicle published a report entitled “Denied: How Texas keeps tens of thousands of children out of special education” that documents systematic denial of special education services to approximately 250,000 students in Texas. Over the course of more than 10 years, Mr. Rosenthal reported, the Texas Education Agency routinely scored local school agencies (“LEAs”) on their compliance with state guidelines, one of which addressed the percentage of students identified for special education.

LEAs could earn a perfect score on that part of their report card only if they identified 8.5% or fewer of their students as needing special education. In 2015 the state was identifying 8.5%, a substantial drop from the nearly 12% it was identifying in 2004.

In detailed analyses, Mr. Rosenthal and his colleagues presented compelling graphics showing these changes. He also provided documents as well as the usual journalist cases to illustrate the strains on individuals and families.

Some Texas educators argued that the decreases are a consequence of improved instructional practices (e.g., adoption of response to instruction), but that position does not hold water. Were it true, the effects would be largely specific to learning disabilities, but Mr. Rosenthal noted, the decline is evident in multiple categories of special education in Texas. In addition, as an expert on response to instruction, Douglas Fuchs of Vanderbilt University, told Mr. Rosenthal, were those reforms to be working, then reading achievement would have risen in Texas; it has not.

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John Lloyd

John Lloyd--founder and lead editor for