Thanks to the website realcleareducation.com for pointing me to this shocking story. The Houston Chronicle did an investigation and discovered that state officials in Texas had set an arbitrary cap of 8.5 percent on the number of children who could receive special education services, thus saving the state billions of dollars. Consequently, many children who needed these services did not receive them. Kudos to the Houston Chronicle for a very important journalistic coup that reveals a malevolent state policy that hurts children, just to keep taxes low. Priorities?
During the first week of school at Shadow Forest Elementary, a frail kindergartner named Roanin Walker had a meltdown at recess. Overwhelmed by the shrieking and giggling, he hid by the swings and then tried to escape the playground, hitting a classmate and biting a teacher before being restrained.
The principal called Roanin’s mother.
“There’s been an incident.”
Heidi Walker was frightened, but as she hurried to the Humble school that day in 2014, she felt strangely relieved.
She had warned school administrators months earlier that her 5-year-old had been diagnosed with a disability similar to autism. Now they would understand, she thought. Surely they would give him the therapy and counseling he needed.
Walker knew the law was on her side. Since 1975, Congress has required public schools in the United States to provide specialized education services to all eligible children with any type of disability.
But what she didn’t know is that in Texas, unelected state officials have quietly devised a system that has kept thousands of disabled kids like Roanin out of special education.
Over a decade ago, the officials arbitrarily decided what percentage of students should get special education services — 8.5 percent — and since then they have forced school districts to comply by strictly auditing those serving too many kids.
Their efforts, which started in 2004 but have never been publicly announced or explained, have saved the Texas Education Agency billions of dollars but denied vital supports to children with autism, attention deficit hyperactivity disorder, dyslexia, epilepsy, mental illnesses, speech impediments, traumatic brain injuries, even blindness and deafness, a Houston Chronicle investigation has found.
More than a dozen teachers and administrators from across the state told the Chronicle they have delayed or denied special education to disabled students in order to stay below the 8.5 percent benchmark. They revealed a variety of methods, from putting kids into a cheaper alternative program known as “Section 504” to persuading parents to pull their children out of public school altogether.
“We were basically told in a staff meeting that we needed to lower the number of kids in special ed at all costs,” said Jamie Womack Williams, who taught in the Tyler Independent School District until 2010. “It was all a numbers game.”
Texas is the only state that has ever set a target for special education enrollment, records show.
It has been remarkably effective.
In the years since its implementation, the rate of Texas kids receiving special education has plummeted from near the national average of 13 percent to the lowest in the country — by far.
In 2015, for the first time, it fell to exactly 8.5 percent.
If Texas provided services at the same rate as the rest of the U.S., 250,000 more kids would be getting critical services such as therapy, counseling and one-on-one tutoring.
“It’s extremely disturbing,” said longtime education advocate Jonathan Kozol, who described the policy as a cap on special education meant to save money.
“It’s completely incompatible with federal law,” Kozol said. “It looks as if they’re actually punishing districts that meet the needs of kids.”

Outrageous.
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I wonder if NYC has similar restrictions in place. There are many schools where administrative tries to downplay and sometimes ignore services for students who need them.
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Oh it’s not just happening in Texas!! Wish we could get teachers reports from across the country! USDOE is in complete denial of this issue!
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Don’t other states use things like RTI and its tiered model as targets/guidelines? Tier 1 “should be” 85%, Tier 2 = 15%, Tier 3 (Special Ed) = 5%?
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Some states might be using this framework, but should never be used as a cap. The top of the RTI triangle is not “Special Ed,” it is “Intensive Interventions.” The tiers refer to levels of support needed. A student could be receiving Tier 2 supports and still have an IEP. In addition, the 5% of students receiving intensive interventions is for either academic or social/emotional/behavioral needs. These do not always overlap and are not the same 5% of kids. In addition, the percentages should never be set in stone, and RTI should be based on the actual number of students who need that level of intervention after other interventions have been tried. RTI is a great concept, but could also be improved. For example, I have seen RTI triangles that use four tiers, because there is a lot of room between small group interventions for at-risk students and intensive interventions that could be more thoughtfully addressed.
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In some sense, NY is similar, is t it? I believe that there’s a cap, above which the state won’t reimburse a district. Auditing of those districts that exceed the preferred percent is common.
I’d love you to find out for us! Thank you for all you do!
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Happening in HoCo MD. Special Ed is being gutted due to a study/report that was done (by some company out of Boston?). The Superintendent refuses to produce the report. County Gov’t has demanded the full report but it still hasn’t been turned over. Meanwhile, special education spending is being cut. A wonderful mother of a special education student questioned the report, it’s findings and it’s cost and wound up in court with the school system, having to pay the court costs for the school system’s lawyer (if you don’t shut up, we’ll stick it to ya!). We live in a sad world.
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“by some company out of Boston?”
Probably the Boston Consulting Group.
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BINGO!!! couldn’t remember the name
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Could you please provide more info on BCG? I plan to start researching them more as soon as time allows only because in the two days worth of testimony at the Tx SBOE meetings this past week I have watched a curious thing happened — these Men In Suits were so graciously allowed to be given boat loads of time to speak (& disrupt the agenda for the 2nd time that day — our hard won fight over the course of TWO YEARS just to try to get Reform Math out of the “new” Math TEKS) just so they could catch their flights back “home.”
I’m pretty sure that even the TxSBOE chairperson was ignorant (or masterfully playing dumb) about the fact that they were NOT going to be stranded at the airport so far from “home” should they not make their flights…up the road & back to Dallas. GRR!!!
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To learn more about BCG (Boston Consulting Group), Google my name and theirs. I wrote several posts about them when they were paid $$$$ to write a slim “report” about Philadelphia schools. Basically, replace them with charters.
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Who specialize in ripping apart local democratically controlled public schools in order to privatize them “gubmint skools”.
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LIBRUL gubmint skools
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Like!
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This is not surprising as more leaders are influenced by reform and its lack of concern for young people. This Darwinian view is very compatible with an ideology that creates winners and losers. Classified students become the ‘losers’ as some administrators and state officials are unwilling to invest in them, even if it means ignoring IDEA. Once again, it may have to be resolved in the courts.
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retired teacher: your comments are a sober, understated and damning indictment of the entire corporate education reform project.
I do not think it hyperbole to assert that this law is an example par excellence of institutionalized child abuse.
☹️
I also refer readers of this thread to the remarks of drext727 and Laura H. chapman below.
My thanks to all of you for keeping it real, not Rheeal.
😎
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My daughter did a report on all the losers. Steve Jobs, Thomas Edison, David Rockerfeller, Gavin Newsom, Steven Spielberg, Erin Brockovich, and thousands more. I’m sure you know this though. 🙂
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Ciedie Aech’s new book “Why is you always gotta be trippin” is a very good expose of that Darwinian view and it’s bloody aftermath of implementation.
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Thanks Duane. Sadly, bloody aftermath sums up the mess made in our district all too well. NCLB/ESSA invasions have absolutely been a war on our nation’s poorest children, especially when the powers that be now promote an educational mentality bent upon Winners Vs. Losers competitions. http://www.ciedieaech.wordpress.com/2015/10/09/weapon-systems-failure
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Reblogged this on David R. Taylor-Thoughts on Education and commented:
In the spring of 2005, I have to be right in the middle of this mess. I was a principal at a small district in NE Texas.
It was the beginning of the PBMAS (Performance Based Monitoring Analysis System) which was developed based up numbers. It is divided into 4 major categories with each categories having subcategories or indicators. The 4 major categories are Bilingual/ESL, Career and Technology, NCLB, and Special Education.
Under the Special Education Category there 16 Indicators:
SPED Indicator #1(i-v): SPED STAAR 3-8 Passing Rate
SPED Indicator #2(i-v): SPED Year-After-Exit (YAE) STAAR 3-8 Passing Rate
SPED Indicator #3(i-iv): SPED STAAR EOC Passing Rate
SPED Indicator #4: SPED STAAR Alternate 2 Participation Rate
SPED Indicator #5: SPED Regular Early Childhood Program Rate (Ages 3-5)
SPED Indicator #6: SPED Regular Class ≥80% Rate (Ages 6-21)
SPED Indicator #7: SPED Regular Class ˂40% Rate (Ages 6-21)
SPED Indicator #8: SPED Annual Dropout Rate (Grades 7-12
SPED Indicator #9: SPED Graduation Rate
SPED Indicator #10: SPED Representation
SPED Indicator #11: SPED African American (Not Hispanic/Latino) Representation
SPED Indicator #12: SPED Hispanic Representation
SPED Indicator #13: SPED LEP Representation
SPED Indicator #14: SPED Discretionary DAEP Placements
SPED Indicator #15: SPED Discretionary ISS Placements
SPED Indicator #16: SPED Discretionary OSS Placements
Each Indicator is assigned a Performance Level:
A performance level (PL) is the result that occurs when a standard is applied to a district’s performance on an
indicator. The PLs available for indicators in the 2016 PBMAS include Not Assigned (NA) (including Not
Assigned through SA or DI), 0, 0 SA, 0 RI, 1, 1 SA, 2, 2 SA, 3, and 3 SA. SA refers to special analysis, which is
described in the Minimum Size Requirements and Special Analysis section. RI refers to Required Improvement,
which is also described in a separate section. DI refers to data integrity and is used in combination with the NA
performance level to address situations where compromised data render any other performance level impossible to
determine. Beginning with the 2016 PBMAS, Significant Disproportionality (SD) will be noted for certain
Report Only indicators in the special education program area. (See Report Only Indicators section.)
PBMAS indicators include a range of PLs, and each PL range has an established set of cut points. Throughout the
PBMAS indicators, the higher the PL is, the lower the district’s performance is.
When the system began many districts had identified 12-13% of their students as Special Education which meant that many of them had write monitoring plans on how the district planned to reduce that number to the arbitrary 8.5% that the State of Texas had decided we needed to under.
Here we are 12 years later and we are more focused on the numbers and less on the students needs.
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This trend is not going away as people like Gates pay to set up the “Big Data” monster. Now that profiteers know that data is big profit they will push to accumulate more of it until they supplant human teachers with computers and turn our young people into ‘children of the corn’ glow learners. It is so disheartening that our representatives facilitate this harmful trend.
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“I was a principal. . . ”
My condolences. I’m glad you survived that with your soul intact!
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I like being a principal. It allowed me to be in a position to make real changes. I feel that I lost more of my soul by being forced to return to the classroom rather than going by my choice.
Being back in the classroom and watching how things are done poorly and knowing that it can be done better is painful everyday.
Blogging and writing has become a form of therapy for me. It allows me to share some of my ideas and feel like some of my opinions matter to some.
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“I like being a principal. It allowed me to be in a position to make real changes.”
From what I’ve seen of your writings and thought I don’t think you qualify for adminimal status-ha ha! I enjoy what you write.
At the same time, I was certified to be an admin but I knew I couldn’t in good conscience implement, cheer lead for what I knew/know to be malpractices. That and I preferred working with the students. Hell, no one wanted a straight talking older dude with business experience, they knew they couldn’t control me. Their loss was my student’s gain as far as I’m concerned.
The knowing that “it can be done better” plagued me also as a teacher as I felt most of the educrats just didn’t have a broad enough base of knowledge to truly identify and correct the real problems.
Please keep on writing and commenting here!
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I was very direct about what I expected and what is was going to take to improve.
Between year one and year two of my first principalship I had increases as high as 30% in some subject tests. Even with those type of results, there was always one person unhappy because I replaced his best friend and long time (30years as) principal.
The great part was, the teachers knew I was doing right by the kids and the staff. It has been 9 years since I left that school and I am still in contact with the teachers.
I supported the teachers in regards to student discipline. Basically if a student we sent to my office there was going to be a consequence. It didn’t take long until my discipline amounted to 2 or 3 regulars.
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I have to ask, where are the teachers in this?!? How do they provide services to all students in their classrooms without additional support. I cannot imagine how they are able to effectively do their jobs within these constraints. It only takes one challenging child (Exceptional or regular Ed) to disrupt a class. Learning is lost. Other children with special needs may just “be there” with no support person to assist. This situation is indefensible. What if there were a cap on free and reduced lunches? Would the students above the cap just go hungry?
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The teachers are doing everything they can to stay afloat. In the end, many reach a breaking point and head for the door. This is a directive from the state level and teachers do what they must to keep their jobs if they want them.
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Okay, I am clueless (nothing unusual there). Does the state of Texas accept federal funds for exceptional children and if so how are they apportioned? I am having a difficult time (clearly) understanding how a student who is identifiable as an exceptional child is then NOT officially identified because of budgetary limitations. It would seem to me to be illegal and for that, some oversight group would intervene or bring charges.
In regard to the teachers my thoughts were that if this situation is pervasive then teachers as professionals could alert or counsel parents to this neglect on the part of the state. It is unacceptable that a child in public school with needs is not getting his or her needs met but other students with the same needs are getting their needs met because they got in under the cap.
I’m sure my logic is twisted in some way but that’s what I think.
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No your logic is not twisted. The state leadership is twisted.
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I have to stay anonymous on here – but what is ‘not done’ with regards to special education students in the low social economic district I work in is shameful – same tactics as described above. Teachers fight an uphill battle to get services for their students.
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This echoes the assertions of the judge who recently stated, in effect, there was no good reason to spend money for the education of children who could not benefit from it.
A campaign to overrule IDEA seems to be in the works.
David Taylor’s comments above show how the allocation of services can be rigged to fit any arbitrary budgeting limitation in spite of the fact that about 13% of students are likely to qualify for services.
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This may explain why we have had trouble getting students classified as special ed. in Utah. When we, as a group of teachers, feel like we need to recommend a kid as special ed. we run into a wall. The only way it seems to happen is if the Disability Law Center gets involved.
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Utah unfortunately has the Pay for Success plan for special education, where investors are paid when referrals decline.
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Oh, that is too harsh, too harsh.
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But, is it true is the question?
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Sadly, I have seen nothing in my long years of experiencing test-score “reformers” to believe otherwise.
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In Utah, there’s no “limit” in place (that I know of), but Special Education funding is so limited, that many students are mainstreamed nearly all of the time. It’s really hard to have a third of the class that has IEPs.
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A version of this is being applied in my school district in Illinois. We have a new superintendent (from Chicago) and there is a strong suggestion that services to special education students are being severely reduced – if not this year, then beginning next year. The State of Illinois has been trying to eliminate any restrictions on the number of students with special needs in self-contained classes, and also as a percentage of students in general education classes. It is appalling and very concerning to those of us who work with these students.
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This is not news. For many years Texas teachers who have had students who could not learn as quickly or as well as his/her peers and recommended them for Special Education services has come under severe scrutiny themselves. Subtle questioning of professionalism or teaching strategies by special education personnel, and increased demands on teachers for weeks of documentation have kept teachers from recommending evaluations. Under the guise of least restrictive environment placement, many students get help one hour per day. That way they do not count as a whole student.
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Welcome to far right conservative insanity Texas style.
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This is nothing new, Texas has been capping Special Ed for years
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I could tell stories here, but suffice it to say, that I had a preterm baby that spent 5 years in early intervention. Suddenly as a kindergartner he no longer qualified for services. He spent K-3 in intervention limbo. He still didn’t know basic alphabet, phonics or sight words. He was still functioning as an early K student. i asked the elementary school to test him in October of his third grade year. They wanted to do more interventions first. By December he still had not been tested. I then decided to take action. I asked for a copy of his file. That’s all that was needed. They had him tested and placed in less than two weeks. They had avoided testing him because they believed that his IQ would be around 70. Which means that he would need to be functioning as an intellectually disabled child to qualify for services. He was functioning as a child with an IQ of 70. Problem was his IQ was actually 120. Seems that a parent must threaten a law suit to get their child services. I personally know two other parents that took these issues to court and won monetary settlements over this issue. Looks like it is once again the route to help students. The problem is not the teachers it is the politicians who refuse to adequately fund education.
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Limiting numbers of special education students who are identified by specialists is common practice. While Texas limits numbers, and therefore money spent, by legislation, much subtler techniques are employed elsewhere. As a special educator who evaluated special needs students, I was called to a small meeting with my principal and two colleagues who “asked” me not to write recommendations on my reports. No recommendations in writing, no demand by the parent for services. Rather, an acceptance of whatever was proposed. Also, no paper trail for the parent to cite in the future.
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This must be what Arne expected would happen when, in 2011, he shut down every SPED compliance office in every state.
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New York does it too. When I was working, there was an unstated demand that schools not refer too many kids. Teachers in some schools who referred too many kids were criticized, if you taught and managed the class better you wouldn’t need to refer kids. It waspainful to watch.
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I had my own phone call home.
The principal: I needed to call you to tell you that your daughter is stuck.
Me: Where? Get her out!
The principal: No, stuck emotionally. She’s been in the office screaming for three hours.
Me: Oh, yeah, she does that sometimes. I can pick her up or you can let her fall asleep.
The principal: I’ll let her sleep…
The problem ended up being that she had a high ANA (auto-nuclear-antibody) essentially an autoimmune disorder. We finally found the medication that lowered her antibodies and she’s a completely different kid–happy/pleasant. It took me three years though since that call to get her the services she needed. We felt so alone and felt that school was well versed in how to screw us–certainly not help us. This cap reporting makes everything much more clear–and the school is so much more helpful since the article came out. God bless those reports and the people who gave them the info. Thank you!
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The wife and I really love this blog and appreciate the useful information you provide. We would like to encourage you to keep writing and never abandon this blog. When you decide to have a mobile app version, we would love to help. I appreciate the hard work you have put into this blog and wish you all future success in business and in life.
Thank you for your time, it is the most precious thing we all possess.
-Jacque’
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Why, thank you, Jacque.
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