Multiple news outlets are reporting tonight that the Texas Education Agency will move to appoint a conservator to oversee Austin ISD because a 31-page TEA report covering 43 investigations over several years has concluded that the district has failed to serve the needs of its special education students.

A conservator for a school district would mean a designated person or group of people would serve as an active manager overseeing the district. According to the TEA’s website, a conservator can “direct the action of a campus principal, superintendent, or board of trustees.”

The Board of Trustees said in a statement Friday evening that the TEA conservators would work with AISD to provide special education services to students with disabilities. The board also said the district has a right to appeal the conservatorship but not whether or not it will appeal the decision.

“Under a conservatorship, a team selected by the Commissioner of the Texas Education Agency would work closely with our Special Education team to ensure we’re meeting the needs of our students who are referred to be evaluated for disabilities or who receive special education services,” the district said in its statement.

The board’s statement also made it clear that the agency’s move is not a complete takeover and that the trustees and interim superintendent are still in place.

“We are focused on our students, and we welcome collaboration with TEA to help us catch up on long-overdue evaluations. We are united in our focus to ensure that all students receive what they need, when they need it,” the statement continued.

The board also said it is reviewing the 31-page report from TEA and will hold a public meeting on the issue at 6:45 p.m. on Monday. The community may sign up to submit recorded comments between 7:45 a.m. and 3 p.m. on Monday.

School board President Arati Singh told the Statesman today the district has been working to address special education department concerns for months.

“This has really been a top priority for I think most of us if not all of us on the board,” Singh told the Statesman. “Our students do deserve to be evaluated in a timely manner. They’re missing out on education services if we’re not.”

She said the district has formed an ad hoc committee, which has created new systems to better document those wait times on special education cases. The press release also outlined steps the district is taking to improve its handling of special education evaluations.

The Texas Tribune reported today that the TEA investigation found that AISD failed to provide resources to students eligible to receive special needs services and those looking to be evaluated. The TEA report also shared that the district was on an improvement plan but that the district was not able to make significant improvements.

“The agency has developed a rigorous plan for AISD to implement so it can return to state and federal compliance and begin appropriately serving students in need of special education services as quickly as possible,” the TEA statement said.

KXAN reported tonight that the lastest district data shows that AISD is behind on almost 1,800 special education evaluations, which include initial and re-evaluations that the district must do, in compliance with federal and state law, to assess students with disabilities or those that may need extra support.

Currently, Austin ISD is also facing a lawsuit filed by Disability Rights Texas alleging the district is behind on evaluating over 800 students who possibly need special needs services.

State Rep. Gina Hinojosa, D-Austin, released a statement tonight saying she was aware of the special education needs not being met by AISD but that the district is on the right track by electing new board members and a new interim superintendent. 

“They have briefed me on their plans to turn around the special education department in AISD,” Hinojosa said. “I believe that we were finally on track to do right by our kids. I am dismayed by [TEA Commissioner Mike] Morath’s decision to install a conservatorship in our school district at this time.”

In her statement, Hinojosa also said there is bipartisan support against the TEA’s acts to implement a conservator and the way the agency is imposing on school districts across the state.

“This is a severe intervention,” Hinojosa said. “This is the first step taken against Austin ISD.” 

My statement on @TEA‘s intent to place a conservatorship over @AustinISD pic.twitter.com/kIqNWDbPcb

— Gina Hinojosa (@GinaForAustin) March 31, 2023

Just two weeks ago, the TEA announced it would take over the Houston Independent School District and replace its Board of Trustees and current superintendent with a “board of managers.” The TEA originally had a conservator in place for two years overseeing Houston ISD before announcing they would take over. Local civil rights organizations launched a federal complaint today against the TEA over its takeover of Houston ISD, alleging that move takes away the right of voters of color from choosing their own school officials.

Deficiencies in the special education department at Austin ISD are not unique from other school districts across the state. A 2018 federal investigation found that the state had been denying students with disabilities seeking tools and services needed in order to learn, which is in violation of federal law.

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