Houston Chronicle

SPECIAL ED: Senate OKs bill banning state from imposing limits on student services

- By Brian M. Rosenthal

AUSTIN — The Texas Senate moved Wednesday to ban state officials from ever again imposing a cap on the percentage of students allowed to receive special education services.

The chamber voted unanimousl­y in favor of Senate Bill 160, putting the legislatio­n just one step away from the desk of Gov. Greg Abbott, who already has indicated his support of the measure.

That last step, a vote on the floor of the Texas House, is expected to take place soon.

The legislatio­n was filed in response to “Denied,” a 2016 Houston Chronicle investigat­ion that exposed the state’s decade-old cap and revealed that it had denied services like tutoring and therapy to tens of thousands of children with disabiliti­es.

As a result of the arbitrary

2004 policy, which the Texas Education Agency enacted while facing a $1.1 billion state budget cut and without notifying lawmakers, federal officials or the public, Texas now provides special education services to the lowest percentage of any state in the country — by far.

Now, with the Senate passage of Senate Bill 160, the state might be able to erase that ugly distinctio­n, according to the proposal’s sponsor, Senate Minority Leader Jose Rodriguez, D-El Paso.

“Parents have a right to have their child evaluated for special education services, and to have a place at the table when schools design appropriat­e accommodat­ions,” Rodriguez said in a statement after the Senate vote. “Children deserve our best efforts to provide a quality education.”

In all, 16 bills were filed in response to the Chronicle investigat­ion. Senate Bill 160 is the first to receive approval by a full chamber. The other proposals are at various stages in the process; several have not yet gotten a hearing.

Disability Rights Texas, the advocacy group that was the first to discover the cap, a decade after it was implemente­d, said in a statement Tuesday that the Legislatur­e’s efforts would help many kids to reach their potential.

“Countless children with disabiliti­es in our state will have a fairer chance at completing their education, finding gainful employment, and living independen­tly,” the group said.

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