In a recent government meeting, advocates from Disability Rights Texas (DRTx) raised significant concerns regarding the implementation of House Bill 3 (HB 3), particularly its requirement for schools to maintain threat assessment records on students. They highlighted the unintended consequences this policy has had on students with disabilities, emphasizing the misinterpretation of disability-related behaviors as threats.

DRTx representatives shared troubling cases where behaviors associated with disabilities, such as emotional outbursts and verbal aggression, were mischaracterized as threats, leading to unnecessary assessments that caused distress for students and their families. One case involved an eight-year-old student whose behavioral intervention plan included various challenging behaviors. During a recent meeting, the student made alarming statements about self-harm and violence, prompting school administrators to initiate a threat assessment instead of providing necessary mental health support.

The advocates argued that this approach criminalizes behaviors linked to disabilities, imposing long-term consequences on students and failing to account for their developmental progress. They noted that even with the establishment of safe and supportive school teams, staff members often feel intimidated by the presence of law enforcement during meetings, which can skew the direction of discussions.

Furthermore, the composition of these teams varies by district, raising concerns about the absence of special education staff or counselors during critical assessments. This inconsistency can lead to the circumvention of legal protections for students, allowing schools to remove children without adhering to due process.

To address these issues, DRTx proposed several recommendations, including the periodic review and expungement of records from improperly conducted assessments. They also called for prioritizing access to youth empowerment services for special education students facing serious mental health challenges and ensuring that qualified professionals are involved in threat assessments.

The meeting concluded with a commitment from DRTx to assist lawmakers in considering legislative changes in the upcoming session, aiming to protect the rights and well-being of students with disabilities.