The Arc of Texas Provides Input on Proposed Education Savings Account Program

Good afternoon, Chair Creighton and members of the committee. My name is Sabrina Gonzalez Saucedo, and I am the Director of Public Policy & Advocacy for The Arc of Texas, a statewide organization dedicated to advancing the rights of Texans with intellectual and developmental disabilities.

The Arc of Texas opposes SB 2 due to its negative impact on students with disabilities. These concerns are detailed in the press release on page 2 in the handout before you, which we signed onto with our disability rights partners during the 88th legislative session. Among the many concerns, the loss of critical legal protections for students and families is particularly significant. Therefore, we urge the committee to consider the following recommendations.

First, we recommend that private schools receiving ESA funds be required to comply with the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and Title II of the Americans with Disabilities Act (ADA). These laws are essential to ensure that students with disabilities receive the services, accommodations, and protections they are entitled to under federal law. Without these protections, students may face discrimination, exclusion, and lack of necessary support. Similar requirements have been incorporated into programs across the nation, including Wisconsin’s Special Needs Scholarship Program and Ohio’s Jon Peterson Special Needs Scholarship Program, both of which require private schools to implement the child’s most recent IEP.

Additionally, we recommend that families receive clear, comprehensive, and accessible information about how an ESA program will impact their child’s education. While SB 2 requires a special education notice, we believe it should be expanded to fully explain the loss of IDEA rights and other federal protections when enrolling in a private school. Furthermore, private schools should be required to provide a clear description of the services they intend to offer. This information is vital for parents to assess how an ESA will impact their child.

Thank you for your time and the opportunity to testify. I am happy to answer any questions.