Texas law on autistic students increases details, concerns
Parents of Texas' roughly 20,000 autistic students hope that recent changes to state law will resolve one of special education's more contentious areas by clearly spelling out considerations that must be made for their children. The revamped “autism supplement” defines 11 areas, including specific teaching strategies and social skill supports, that parents and educators must discuss before they decide on an autistic child's education plan. It replaces an older, very brief list that some advocates say school districts simply skirted over. Education officials, on the other hand, worry that families may view the new guidelines as mandates, rather than considerations. “Everybody's on a learning curve,” said Cynthia Buechler, director of the National Educators Law Institute and a partner at an Austin law firm that specializes in education issues. “My biggest concern is that it'll be construed that there's an entitlement to these services.”
Under existing state and federal law, school districts are already required to provide any service that a special-education student needs, including all of those that are now specifically mentioned in the supplement. “We're not really bothered by the autism supplement," said Nadine Fidler, assistant superintendent in the Cy-Fair school district. "A lot of the things, we already do. We're just now committing it to writing." But advocates said the supplement means school districts have to be more upfront about what the possible services are. Unsure of how these conversations will play out this year, some school districts are scrambling to train educators on the changes. They're worried, for instance, that parents might see “applied behavior analysis” in the supplement and think it means their child is entitled to the popular therapy. Considered by many parents to be one of the most successful interventions for autistic children, ABA calls for trained educators to spend up to 40 hours a week teaching behaviors by using reward and consequences. It's a costly and somewhat controversial therapy. “This is going to be a litigated issue," Houston advocate Louis Geigerman said. “Frankly, the districts don't like ABA. While this doesn't mandate that they have to do it, it does mandate that they have to discuss it.” Advocates say they hope this expanded list will guide parents' conversations, letting them know they can ask to attend training workshops or ask that their children receive social-skills support. While parents appreciate the items and examples being added to the supplement, many are quick to point out that talk is cheap. Legislators and policymakers have a responsibility to make sure schools have enough resources to help students with autism, they said. "The major hindrance, even if there were 20 provisions, is the ability to implement," said Cy-Fair parent Michelle Guppy, who has a teenage son with autism. "If they don't have the funds, and the teachers don't have the training, it doesn't matter what they say."
Source: Houston Chronicle, 2/11/08, By Jennifer Radcliffe
[Editor’s Note: The provisions are set forth below under subsection (e). The next subsection stipulates that if the student’s Individualized Education Program (IEP) team determines that services are not needed in one or more of the areas specified in the supplement, then “the IEP must include a statement to that effect and the basis upon which the determination was made.” The cover story of this month’s issue of American School Board Journal addresses “The Rise in Autism and Its Costs.”]
19 Texas Administrative Code §89.1055
American School Board Journal, March 2008, By Joetta Sack-Min