Feds Propose End to Special-Education Disparity Reporting
The USDE stated this move aims to reduce paperwork burden for states, not to rescind the underlying disproportionality regulation, commonly referred to as “Equity in IDEA”.
In the 2020‑21 school year, about 5% of school districts nationwide were flagged for significant disproportionality. The department continues to affirm that states and local education agencies (LEAs) must still comply with IDEA’s requirements, as federal law remains in force, including identifying disparities and providing corrective actions.
Experts warn, however, that without a centralized federal database, national analysis of trends and disparities will become more difficult, even if state-level data collection persists.
Existing Federal Support Structure
The department has previously invested in infrastructure to support equitable data collection. In 2023, it funded a five-year, $14.5 million technical assistance center focused on helping states with data collection, analysis, and use related to significant disproportionality.
IDEA section 618(d) legally requires states to annually examine data on racial and ethnic disparities in identification, placement, and discipline categories.
State authorities continue to collect data through the Texas Student Data System (TSDS) and Special Education Data System (SPEDS). The latest SPEDS reporting window for 2025‑26 has opened and local agencies are preparing to submit data as part of Texas’ accountability processes.
Should the federal reporting requirement be removed, states like Texas would retain data collection obligations under IDEA. Without a unified federal repository, cross-state comparisons and trend tracking may suffer. That could weaken national accountability for racial equity in special education, even as disparities remain entrenched in states.
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Special Education Committee Seeks Members
The CAC also advises TEA on standards related to significant disproportionality determination and is required by state statute to submit a report to the legislature biennially with recommended changes to state law and agency rules relating to special education.
The governor appoints members to four-year terms, with a majority required to be individuals with disabilities or parents of children with disabilities. Other representatives required include public school administrators. Should any TCASE members wish to serve, we recommend viewing the list of specific roles required to be represented, and to indicate ALL categories you represent (such as whether you are also a parent of a student with disabilities, are a person with a disability, teach special education at a university, etc).
Details and the application are available on the TEA website.
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Several Policy Changes Taking Effect Sept. 1
Bills that went into effect on Sept. 1 include:
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legislation relating to the display of the Ten Commandments in public schools (SB 10);
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the establishment of a period of prayer and religious reading in public schools (SB 11);
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parental rights, school clubs, and bans on diversity, equity, and inclusion duties (SB 12); and,
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new school library requirements (SB 13).
There are also several provisions of House Bill (HB) 2 that take effect Sept. 1, including the Teacher Retention Allotment, the Support Staff Retention Allotment, and the Early Intervention Allotment. Changes to the Early Education Allotment and Additional Days School Year funding are also effective Sept. 1.
TCASE members have access to the 89th Legislative Session Bill Summary in the All Member Community on TCASE Connect here (login required). Please remember that this document is copyrighted and should not be shared without expressed written permission of TCASE.
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TEA Releases Special Education Resource
TEA also released a Parental Rights and Options Form that school districts can use to comply with the parental rights form requirement in the bill. TEA also released a model notice for school systems to use to notify parents of any changes in services, as required under the bill. More information is here.
The Special Education Back-to-School Update includes multiple clarifications regarding recently passed legislation, including that statewide IEP facilitation can now be used prior to a dispute. The update also includes the information on Local Intellectual and Developmental Disability Authorities (LIDDAs) that is required to be shared with families under HB 1188.
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Testing Bill Heads to Governor as Session Ends
HB 8 overhauls the testing and accountability system for public schools in Texas by moving to a series of three smaller tests throughout the year rather than one major test administration. The new framework would take effect by the 2027-2028 school year.
HB 8 exempts students with severe cognitive disabilities from the beginning-of-year and middle-of-year tests and includes a mandate that the Texas Education Agency (TEA) request a federal waiver of participation and graduation rates for campuses with 90 percent or more of students tested using alternate assessments.
Governor Abbott has 20 days to sign or veto bills now that both chambers of the legislature have adjourned.