Advocates Call on State to Suspend Special Education Project Amid Privacy Concerns

Alejandra Matos
Houston Chronicle
Posted December 6, 2017

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AUSTIN — Two statewide education groups are demanding the Texas Education Agency suspend its $4 million contract with a data company analyzing the confidential records of students with disabilities.

Disability Rights Texas and the Texas Council of Administrators of Special Education asked the department to temporarily halt a project that examines Individual Education Plans (IEP), which  detail a student's disability, his or her education needs and how a school intends to meet those needs. IEPs often contain sensitive medical and psychological information.

"A temporary suspension of the project is the only appropriate action given the questions surrounding it at this time," the two organizations wrote in a letter to Texas Education Commissioner Mike Morath Tuesday.

The agency will not stop the project, a TEA spokeswoman said in a written statement. She said the organizations have appeared to be supportive of the project until now.

"The project has been optional for districts and continues to be," said Lauren Callahan, the spokeswoman.

The request comes as the project continues to roil the state education department after its former special education director filed a federal complaint alleging the state improperly awarded a contract to SPEDx, a Georgia-based data company leading the analysis.

TEA officials repeatedly have said the department followed all the proper procurement procedures. They say the project is necessary to improve education outcomes for special education students in Texas, but some parents and advocacy organization have privacy concerns and question if the money spent on the project could be put to better use.

“The IEP Analysis Project is intended to identify specific approaches to individual education plans that show the most promise for our students," said Lauren Callahan, a TEA spokeswoman. "With this information in hand, Texas school districts will be able to significantly improve the academic resources available to teachers who support our special education students."

TEA invited districts across the state to participate in the analysis, which is designed to find trends and patterns in the kind of educational services provided to students with disabilities. Districts would be paid thousands of dollars for sharing the information.

The advocacy organizations, including parent groups, were made aware of the project "from its inception," Callahan said, adding that the two organization that want the contract canceled had encouraged districts and parents to participate.

Steven Aleman, a policy specialist with Disability Rights Texas, said the organization wrote a Facebook post in October informing parents that the state hired SPEDx to interview parents about what needs to change in special education. The organization encouraged parents to reach out to a SPEDx employee. But a TEA official told Aleman that the interview process was intended for select parents, not volunteers.

"Making reference to an opportunity for parents themselves to speak firsthand about their special education experience is consistent with our mission and totally separate from the core project of collecting and doing IEP analysis," Aleman said.

He said the organization has never expressed support of the project, and is "disappointed but not surprised" with TEA's response.

Calls to halt the project come two weeks after TEA fired its special education director, Laurie Kash. TEA officials said they fired Kash last month because of allegations that she covered up the sexual abuse of a 6-year-old girl in her previous school district. Two former employees filed a civil lawsuit making the allegations in Oregon days before Kash was fired.

Kash denies the allegations.  Kash's lawyer contends TEA is using the Oregon lawsuit as a cover and believes Kash was fired because she was outspoken about the SPEDx contract.

Article available at Austin American Statesman online HERE.