Austin ISD Settles Delayed Special Education Assessment Lawsuit, Creates Fund for Injured Students

A federal judge on Wednesday signed a settlement between Disability Rights Texas and Austin ISD over a backlog of special education assessments. The settlement requires the district to set up a fund to help cover the cost of services for students affected by the delayed assessments.

Kym Davis Rogers, supervising attorney for Disability Rights Texas, said the group was pleased to reach an agreement on behalf of Austin ISD students.

“Most importantly, AISD has committed to timely assessment of students with disabilities and has established a $4 million fund to provide remedial education to students whose assessment has been delayed,” she said.

Kenneth M. Walker II, Austin ISD general counsel, said in a statement to KUT that students who qualify for aid under the agreement must meet certain criteria. First, they must be currently enrolled in the district. They must also have experienced a delay in grading of more than 20 days between March 1, 2020, and the end of the 2024-25 school year.

When the lawsuit was filed in 2021, Disability Rights Texas said at least 800 students did not receive an initial evaluation within the time frame required by state and federal law. Evaluations that determine whether a student has a disability are the first step in the process of providing any needed services or supports. Some Austin ISD families have waited up to a year for an evaluation of their children.

The Austin ISD school board voted to approve the settlement last month.

Austin ISD Trustee Kathryn Whitley Chu, who represents District 4, said reaching an agreement is important for the district and families. She said she decided to run for school board in 2022 because she’s experienced delays first-hand:One of her children waited almost a year for an evaluation.

“It was a huge milestone for me and my colleagues, and a huge milestone in my role as a trustee, to be able to vote with my colleagues on this agreement,” she said.

Whitley Chu said reaching a settlement with Disability Rights Texas was especially important to her because the organization puts children’s rights first.

“I felt good because I knew this was a group that had the best interests of the kids in mind and that they wouldn’t be satisfied until we did what was right,” she said. “They wouldn’t stop until we did what was right for the students.”

Under the settlement, Austin ISD must be fully compliant with federal assessment deadlines by Dec. 31. It also requires the district to cover the cost of an independent educational assessment if parents of students affected by assessment delays request one.

The $4 million fund the district must create will also be used for “compensatory summer educational programs for impacted students.” The programs must last at least four weeks and be available on multiple campuses starting next summer. Austin ISD must also communicate with families whose students qualify for the program in October and November, as well as next January.

Under the agreement, if needs exceed $4 million, the district will pay more money into the fund.

Since the Disability Rights Texas lawsuit, Austin ISD has made significant progress reducing the number of overdue assessmentsBoth the school board and the superintendent have repeatedly said that improving special education services is a priority. Last October, the Texas Education Agency also appointed observers to ensure the district implements state-mandated changes to these services. Last year, TEA reached an agreement with Austin ISD after the agency found the district repeatedly failed to provide services required by state and federal law.

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