❗CHANGE NOTICE: Today is only chance to oppose HB 1

Published: Thu, 11/09/23

Advocacy Opportunities

& Resources

CHANGE NOTICE: Today (Thursday) is now your only chance to oppose House Bill 1 on school vouchers and state supported living centers. The hearing will no longer extend into Friday. See below for two ways to take action now!

Act Today: Submit Comment Opposing School Voucher Program and State Supported Living Centers and/or Testify Today

Quick Summary

We are deeply concerned about the consequences of House Bill 1 (HB 1) and ask that you join us TODAY in expressing strong opposition to the proposed establishment of a school voucher program and the recently added state supported living centers (SSLCs) provision. Jump to the “Take Action” section of this email to learn how to testify in person today and/or submit a public comment online.

Background

Tuesday night, the Governor called a fourth special session to pass a private school voucher program bill. Immediately, House Bill 1 (HB 1) was filed to combine increases in public school funding, teacher pay, and special programs – a bait tactic for a private school voucher program.

In addition, HB 1 includes a provision on state supported living centers (SSLCs), requiring admission, review, and dismissal (ARD) committees to give parents of students receiving special education services information on SSLCs. This is a harmful provision that has the potential to increase the number of institutionalized children with disabilities and would have a detrimental impact on children with disabilities and their families.

The Arc of Texas remains opposed to any measures that diminish the resources and effectiveness of public school systems. Charter schools and private schools that accept public funds through a voucher or voucher-like system must be required to comply with the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act. Specifically, The Arc’s position is that they must provide zero reject and free appropriate public education in the least restrictive environment, including nondiscriminatory evaluation, individualized appropriate education plan, access to the general curriculum (academic, extracurricular, and other school activities), procedural safeguards, and parent participation.

Two Ways to Take Action

1) Testify at the House Committee Public Hearing Today (Room E1.030)

If you live in the Austin area, testify on HB 1 at the Capitol today, Thursday, Nov. 9.Testimony is limited to 2 minutes. We expect Chairman Brad Buckley will limit the number of testifying witnesses, so an early arrival to the Capitol to register to testify is encouraged.

2) Submit House Public Comments on HB 1 Today

Submit the draft language below via the online House public comment portal. You can also use this language to develop your testimony if you can attend the committee hearing. Feel free to personalize this language as your unique perspective strengthens our collective voice.

Draft public comment and testimony language for your use:

Dear Members of the House Select Committee on Educational Opportunity and Enrichment:

I am writing to express strong opposition to House Bill (HB 1). As a member of The Arc of Texas, and an ally of people with intellectual and developmental disabilities (IDD), I’m deeply concerned about the negative impact this bill would have on students with IDD.

HB 1's authorization of education savings accounts could divert crucial resources from public schools, affecting the education of students with disabilities. Private schools, lacking accountability and specialized programs, may deny admission or fail to provide adequate support, hindering the academic and social growth of already marginalized students.

I am also greatly concerned about the state supported living centers (SSLCs) provision in Section 29.0056 of HB 1(88(4)) and the negative impact this could have on students with IDD as it could increase the number of institutionalized children with disabilities, posing a detrimental impact on these children and their families.

Both the federal government and the state of Texas recognize that SSLCs are the most restrictive residential placement for children with disabilities. Institutions are not family homes, and children should grow up with their families whenever possible. This principle is acknowledged by the federal government through the Supreme Court’s decision in Olmstead v. OC and by our state through Texas Government Code Section 531.0245 (SB 368, 77R).

It is inappropriate for school district personnel or the ARD committee to provide parents of students with disabilities information about SSLCs when discussing possible residential options. Local IDD Authorities are the most informed and appropriate entities to provide such information.

Even an additional three students with disabilities residing in an SSLC, as a result of this provision, would incur significant financial burden to the state, costing over a million dollars each year. SSLCs cost Texas approximately $28,300 per month per resident, significantly more than alternative options such as the Home and Community-based Services (HCS) Waiver Residential program, which costs taxpayers approximately $6,600 per month per individual. By highlighting SSLCs specifically as an option, there is a risk of influencing families to choose the most costly and restrictive setting.

There already exists a comprehensive residential options brochure, rendering the creation of another brochure a duplication. [Existing brochure: https://www.hhs.texas.gov/sites/default/files/documents/services/disability/residential-options-brochure.pdf]

In conclusion, I urge you to oppose HB 1 and protect the rights of students with disabilities to receive quality, inclusive education. Your rejection of this bill is vital in ensuring that our public education system survives. (At minimum, please remove the SSLC provision from HB 1.)

Sincerely,

[Your Full Name]

[Your Address]

[City, State, ZIP Code]

[Your Email Address]

[Your Phone Number]