Action Alert about Special Education Due Process Hearing System

[Guest guest]

Important Component of SB 422 and HB 2576 re the Special Education Due Process

Hearing System

Legislation has now been filed that incorporates the recommendations of the

Texas Sunset Commissions review of the functions of the Texas Education Agency.

The identical bills, commonly referred to as TEA Sunset bills, are HB 2576 by

Kent Grusendorf and SB 422 by Mike .

WE NEED YOUR HELP TO KEEP THIS IMPORTANT SPECIAL EDUCATION PROVISION IN THE

SUNSET LEGISLATION.

SECTION 1.11 of those bills contain language which, by amending Sec. 29.0161 of

the Texas Education Code, moves the special education due process hearing system

from the Texas Education Agency to the State Office of Administrative Hearings

(SOAH). You can see the entire bill by going to: www.capitol.state.tx.us. The

SOAH language begins on page 13.

Many parents and parent advocates believe that the current system, as operated

by the Texas Education Agency, is biased against parents and that SOAH would be

more objective. The Legislature first looked at this issue when provided

information showing that in 2000-01 school year only 1 parent won a due process

hearing on all the issues. That same year, 52 school districts won on all

issues and 19 were split decisions. Nationally, parents win 35% of the hearings

on all issues. (Note: TEA has changed how they report this information. The

data now reported by TEA counts hearings as bwon by parentsb if the parent

wins on ANY of the issues in the hearing. The hearings they report as bwon by

school districtsb are ones in which the district won on ALL issues.)

SOAH is the entity established by the state specifically to operate the hearing

systems of state agencies. SOAH currently conducts hearings for 58 state

agencies. Its judges are experienced attorneys trained to conduct hearings in

those issue areas to which they are assigned. The intent of the transfer is not

to move to a system that favors parents, but to one that is neutral.

There are many problems with the current special education due process system

that a move to SOAH alone will not fix. This does not change the considerable

amounts of money spent by some districts on due process hearings, nor will it

make more private attorneys willing to represent a parent in a special education

hearing. However, it is a start and is bringing needed attention to a system

that isnbt working for students with disabilities and their families.

There will be an effort to remove this provision from the TEA Sunset bills.

Those who want the system transferred should ask members of the House Public

Education and Senate Government Organization Committees to keep the language

requiring the move from TEA to SOAH in the TEA Sunset bills.

M. Guppy

www.TexasAutismAdvocacy.org

Regional Coordinator for the TEAM Project: www.PartnersTX.org