Schools Accused Of Forcing Out Special Education Students - Disability Scoop

Schools Accused Of Forcing Out Special Education Students - Disability Scoop



Advocates are accusing schools across one of the nation’s largest
states of using truancy laws to funnel kids with disabilities off their
rolls.


Thirteen school districts in Texas — including those in Austin,
Houston, Fort Worth and San Antonio — are allegedly using truancy laws
to absolve themselves of responsibilities under the Individuals with
Disabilities Education Act, according to a complaint filed this week by
the advocacy groups Disability Rights Texas, the National Center for
Youth Law and Texas Appleseed.


“Rather than providing these students with the special education and
related services to which they are entitled — services which would allow
them to stay in school and access their education — their school
districts have referred them to court for the Class C misdemeanor of
Failure to Attend School,” according to the complaint filed with the
Texas Education Agency. “Once in court, the school districts actively
force students out of their regular education programs, in violation of
the students’ rights under the Individuals with Disabilities Education
Act.”


The nonprofits say that the state education agency has failed in its
responsibility to ensure that schools follow special education laws and,
without appropriate services, students are more likely to miss school
and end up facing truancy charges. They are asking for an independent
investigation and administrative remedies at the state level.


“It is especially egregious that our most vulnerable youth are being
pushed out of a system that is supposed to provide opportunity and
support only to be forced to defend themselves in adult court without
the assistance of an attorney,” said Deborah Fowler, executive director
of Texas Appleseed.


In Texas, students can be referred to court for truancy for having as
few as three “days or parts of days” of unexcused absences within a
four-week period. Once there, the threat of criminal charges and fines
often compels families to accept deals requiring that they withdraw from
school, advocates allege.


The groups cite state data showing that between 2010 and 2013 over
1,200 students with disabilities were ordered by Texas courts to drop
out of school and take the GED exam only to fail. In other cases,
students with disabilities have been pushed into alternative schools or
mandatory homeschooling after being charged with truancy, the complaint
says.


DeEtta Culbertson of the Texas Education Agency said the agency is
not able to comment because they have not yet received a formal, signed
copy of the complaint.

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