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Schools Accused Of Forcing Out Special Education Students
http://www.disabilityscoop.com/2015/05/29/schools-accused-forcing-out/20344/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.
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.
A similar practice exists in NYC, where the special-needs classes are used to warehouse slower black and Latino kids, while those with actual special needs attend one of many state-funded private schools; a back-door way for Albany to subsidize NYC schools.