HB 1781

HB 1781

TCDD Bill of the Week: House Bill 1781 Featured Graphic

 

For this weekly feature, the Texas Council for Developmental Disabilities (TCDD) profiles a noteworthy bill that is going through the legislative process. The bill may relate directly to TCDD’s Public Policy Priorities or another disability-related issue.

Bill: House Bill (HB) 1781, relating to evaluation under the state accountability system of schools that enroll students who receive special education services.

Bill Author: Rep. Gina Hinojosa, House District 49 (Austin)

Background

Some schools throughout the state are populated primarily with students who receive special education services. However, these schools don’t always meet the criteria for an alternative accountability plan due to a limited number of students considered at risk of dropping out. Additionally, with a high percentage of students who cannot participate in regular assessments, providing alternative assessments can hinder the evaluation of these schools and put an undue burden on teachers, students, and parents of children who require intensive medical care.

What does the bill do?

HB 1781 would amend the Education Code to require the Texas Education Agency (TEA) — in consultation with administrators, teachers, parents, guardians, and other stakeholders  —  to create accountability guidelines for specialized support campuses. These guidelines would help campuses develop alternative accountability plans based on their student populations.

The bill defines a “specialized support campus” as a school district campus that:

  • has a campus identification number;
  • serves students in any grade level at which state assessment instruments are administered; and
  • has at least 90% of its students receiving special education services with a significant percentage of those students unable to be adequately assessed using alternative methods.
      

The bill allows a specialized support campus to develop an alternative accountability plan tailored to its students, and then submit the plan to TEA for approval. The plan must follow the bill’s proposed guidelines and federal law. The performance of students enrolled at the specialized support campuses would be determined, reported, and considered using the approved plan.

If passed, HB 1781 would take effect on Sept. 1, 2023, or immediately if it received an affirmative vote of two-thirds in both the House and the Senate. The bill would apply beginning with the 2023-2024 school year. By Dec. 1, 2026, TEA would be required to submit a report on the bill’s effectiveness and include any recommendations for legislative action or other action.

Statement from Rep. Gina Hinojosa, bill author:

Rep. Gina Hinojosa

Statement from Rep. Gina Hinojosa, bill author:

Rep. Gina Hinojosa

“There are a few campuses across the state, such as the Rosedale School in Austin ISD, that serve students who have significant disabilities, including medically fragile children who need intensive behavioral support. HB 1781 allows these specialized support campuses to develop an alternative accountability plan tailored to the student population served by the campus based on the guidelines established by TEA, which would remove the need to subject these students to testing that is inappropriate at determining their progress, and allow campuses like Rosedale to focus on satisfying the extraordinary needs of the students and families that rely on their school’s specialized knowledge and expertise.” 

Where is the bill in the process?

On Jan. 27, 2023, HB 1781 was filed for the 88th regular session. The bill is waiting to be referred.

Who supports the bill and why?

The following comments were taken from a public hearing on April 17, 2019, on a bill identical to HB 1781:

  • AISD: Chad Ouellette, the assistant director of special education at Austin Independent School District (AISD), explained the motto of the district is to focus on worrying about the “whole student”, while also accounting for “each student”. He referenced the work done at the Rosedale School of Austin — which he deemed as “exceptional” — and indicated that the school’s well-trained educators serve students with significant disabilities and that all of these students are not cognitively able to complete standardized tests. He argued that the current system for measuring achievement is incompatible with schools like Rosedale and needs to be changed to fit the schools’ needs.
  • Parent: Maureen Benschoter, a parent of a Rosedale School student, referenced her son, George, who is paralyzed from the waist down, nonverbal, and requires a nursing-home level of care 24 hours a day. She said: “Rosedale was a choice for us because I knew the staff at Rosedale would push my son to achieve what he can achieve academically and socially. And it’s appalling to me to think that the system does not recognize the work that is done at the school and the achievements he makes at school with the accountability system in place.” Benschoter continued: “Our schools have to be held accountable, but the accountability system that we have in place doesn’t make any sense and doesn’t recognize what we do every day at Rosedale.”  
      

A number of individuals and groups registered support for the legislation but provided no testimony, including the Autism Society of Texas, Disability Rights Texas, Texas Parent to Parent, Texas Association of School Boards, Texas Association of School Business Officials, Texas School Alliance, Texas Association of Community Schools, Upbring, League of Women Voters of Texas, Texas Association of School Administration, Texas Council of Administrators of Special Education, San Antonio ISD, and Texas Elementary Principals and Supervisors Association.

Who opposes the bill and why?

Two people registered their opposition to the identical bill in 2019 but provided no testimony.

How much will the bill cost?

In 2019, the Legislative Budget Board (PDF) found that a bill identical to HB 1781 would not increase the state budget in a significant way.

Is there a Senate companion to the bill?

No identical bill has been filed in the Senate.

Share this bill

TCDD created a Bill of the Week one-pager for HB 1781 (PDF). This is a simplified explanation of the bill that you can share with your representative and personal network. 

Stay informed

For the latest information and status of HB 1781, follow the bill on the Texas Legislature Online. To receive future legislative updates from TCDD, subscribe to our newsletter or follow us on TwitterFacebookLinkedIn, and Instagram.

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