The Senate Education K-16 committee also met Tuesday (yes, the barrage of overlapping hearings is not an accident) to take up an agenda of bills primarily related to supporting students with disabilities and special education funding.
The primary bill for the day was Sen. Paul Bettencourt’s Senate Bill (SB) 568, which would reform the way Texas funds special education. The bill is a multipronged approach to rectify a complex set of funding shortfalls; the major policy components would be a transition from a placement-based system to a service intensity-based system and dedicated funding for student evaluations.
While there was broad support in testimony for the bill, even proponents had some suggestions for improvement. First, advocates pointed out that major changes like this require care in rulemaking and extensive training of district staff. They requested a delayed implementation of one year in order to implement the bill with fidelity. Others asked for additional dollars in the evaluation reimbursement and to repeal the funding offset districts experience when some students who need special education services are pulled from their regular classes.
While the Senate seems amenable to making substantial investments in special education this session to bridge the annual $1.7 billion shortfall to districts, the total costs of the bill are not fully known.
Sen. José Menéndez also presented SB 1447 to the committee. This bill would address some unintended effects of HB 18 – the Securing Children Online Through Parental Empowerment (SCOPE) Act – from the 88th session. Since the bill’s implementation, some districts blocked the use of certain electronic devices based on approved standards but also in violation of a student’s individualized education plan (IEP). Menéndez’s bill would allow students with disabilities to access their permissible electronic devices and software applications used by a school district that may be otherwise prohibited by the SCOPE Act as a part of their reasonable accommodation or assistive technology. This solution ensures that school districts and charter schools are abiding by the student’s IEP and the Individuals with Disabilities Education Act (IDEA).
Thursday morning, SB 569, a large virtual education package also by Bettencourt was reported as engrossed and will now make its way over to the Texas House.
In a flash announcement, the committee met again Thursday to vote on pending business. The above-mentioned bills were voted favorably out of committee. Also voted out were a few “parental rights” bills, including a “parent right handbook” (SB 204) and an “opt-in” requirement for human sexuality instruction (SB 371). While not a voucher, SB 686 is a “school choice” bill that would require for an open transfer of students within and between school districts.
Last but not least, SB 12, the Senate’s K-12 expansion of its attack on diversity, equity, and inclusion (DEI) policies, was brought up for a vote. Notably, a committee substitute offering significant changes was handed out just prior to the vote; it passed on party lines. We expect a hefty floor debate on this bill, and with the dizzying pace of the Senate this session, that could be as early as next week.