The power of the press. Less than one month after publication of a front page story in our state’s largest newspaper, the federal government has effectively ordered T.E.A. to drop one of the key indicators by which special education programs are measured. As many readers of this publication know, T.E.A. has included an “indicator” in the PBMAS system—no more than 8.5% of your students should be in your special education program. For years, some people have wondered if that specific number might cause districts to deny services to kids who need them. Two years ago a disability advocacy group complained about the 8.5% figure, but the complaint got little traction. Now the media has the story…and everything has changed.

Let’s acknowledge that the story in the Houston Chronicle has brought into the daylight an issue that has been subterranean until now. Outside of special ed types, very few people knew about the PBMAS, Indicator 10, the 8.5% figure, or the way that special ed numbers have declined over the past five years. Now, we are all talking about it. Good.

This is a classic “teachable moment” for educators. T.E.A. will certainly abandon Indicator 10, thus relieving districts of any outside pressure with regard to the proper identification of students.

So let’s double down on our efforts to get this right. If a parent asks about special education services—regardless of how the parent asks about it—the school should respond in one of two ways. Either we obtain parental consent and promptly begin the process of obtaining a full, individual evaluation. Or we decline to do so by providing the parent with two documents: Prior Written Notice of Refusal to Evaluate; and a copy of the Notice of Procedural Safeguards. What we don’t do is to put the parent off by telling the parent that their referral is premature, or we are just now beginning RTI efforts. A parent referral is never premature; and RTI should not delay that referral.

Our firm does a lot of training on this issue, and would be happy to help you out. Let us know if we can help.

DAWG BONE: WATCH FOR CHANGES IN THE PBMAS.

File this one under: SPECIAL EDUCATION

Tomorrow: Results of the Law Dawg’s Annual Survey of Educators—the Presidential Poll!!