8.24.2020

Texas School Decisions for Fall 2020

 

This guest blog post is courtesy of Regent Law 3L Michaela Ryan:

 

What do parents, children and families need to know about sending kids back to school this fall?  Have Texans received mixed signals? Or is Texas working to restore education to families in the midst of the pandemic?

Since the United States began a lockdown, and citizens began quarantining, according to the Center for Disease Control (CDC) the country has seen over 5.5 million cases of COVID-19, and 174,645 deaths. Texas has seen roughly 573,139 reported cases, with over 11,000 fatalities, out of its population of nearly 29 million.

As COVID-19 has progressed throughout the country, initial plans by governors have been in flux, and Texas is no exception. On June 18, 2020, Texas Governor Greg Abbott reportedly told legislators that Texas students will be returning to public schools in person this fall. Not long after this statement, however, Texans were told that Texas schools could have online learning for the first three weeks of school, or risk losing state funding. Many from Texas did not appreciate this, including educators, parents, and public health officials.

Options now, however, appear to be more flexible for school districts, as on campus classes may be delayed for at least four weeks and schools may ask for a waiver to continue remote instruction for up to an additional four weeks. Governor Abbott stated “[T]he commissioner of education, is expected to announce a longer period of time for online learning at the beginning of the school year, up to the flexibility at the local level...this is going to have to be a local-level decision, but there will be great latitude and flexibility provided at the local level.”

Just a few days after this plan, Governor Abbott announced in a press release that Texas will allocate $200 million in Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which will provide funding to the Texas Education Agency (TEA) to purchase devices to assist in distance learning, such as home internet solutions and eLearning devices. Governor Abbott stated “As school districts delay the start of in- person instruction for the 2020-2021 school year due to COVID-19, it is essential that we work to provide Texas students with the devices they need to connect and communicate online for classroom instruction."  Lieutenant Governor Dan Patrick stated that getting students back to school is a top priority and he does not want students to lose valuable learning time during the Covid-19 fight.  This seems to be the last word from the Governor and his committee on the matter.

In the latest report from the TEA, on July 21, 2020, schools are given the option to delay their school start date, and per the Governor’s recent comments, limit access to on campus for 4-8 weeks.

Texas has not spoken much on accommodations for special needs students. In late May of 2020, the TEA considered the issue and stated, “When school resumes, ARD (Admission, Review, and Dismissal) committees should address student-specific needs resulting from the closure. This might include discussions of compensatory education and extended school year (ESY) services made on a case-by-case basis. Any need for compensatory services related to school closure or inability to fully implement a student’s (Individual Education Plan) IEP will be addressed by ARD committees after school closures end.”  The TEA also stated that distance technology should also be used to the extent possible.

Texas, like much of the country, is struggling to do right by students and educators. It appears that Texas is not only leaning toward in- person classes but encouraging school districts to open in the fall. The flexibility offered from the TEA should ensure that students continue to be educated in the safest but also most convenient way. As for special education, while this has not been the focus from Governor Abbott, between Federal and State direction, children in this category should be able to have the same access as the rest of the student body, ensuring equality across the state.

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