Parents allege special education discrimination, seek federal intervention and TEA audit

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    NORTH TEXAS (KTVT) — Some Denton ISD parents are addressing the treatment of their children receiving special education services, claiming their federally protected rights are being violated. They are seeking help from the federal government and calling for a Texas Education Agency (TEA) audit.

Tanya East believes her 4-year-old son, who has autism, is being discriminated against at his Denton ISD school.

“Sadly, I feel that I need to come forward and speak up because unless we speak up, we’re not heard,” she said.

Last year, she began documenting her concerns, one of the biggest being that some Denton ISD teachers providing special education services are not state-certified.

“My son has not had a certified teacher most of last year,” she said. “They haven’t had adequate staffing in the room which has led to neglect. There are times where he went the day with maybe one or two diaper changes. One time he was not changed for several hours.”

East has since met other Denton ISD parents of children with special needs who share similar concerns.

“My daughter is in special ed,” Sandoval said. “This is her third academic year. All last year my daughter did not have a certified special ed teacher. The school is not delivering appropriate education minutes and basic special ed services to my daughter as outlined in her individualized educational plan.”

“I’m greatly concerned that the students who are disabled in Denton ISD are not receiving their services, and they are being systemically discriminated against,” East said.

Federal law prohibits disability discrimination and guarantees that students with disabilities have equal access to educational opportunities, including free appropriate public education (FAPE) in public elementary and secondary schools.

East and Sandoval said special education advocate Karen Mayer Cunningham has filed complaints on their behalf with the Department of Education’s Office of Civil Rights (OCR).

A DOE spokesperson told CBS News Texas it does not confirm complaints but directed us to their website, which lists two open Denton ISD “Disability – FAPE” investigations.

“I’ve had multiple meetings with the principal and the superintendent, with all the right chains of command, and I still feel like we’re not being heard,” Sandoval said.

In a statement to CBS News Texas, a spokesperson for Denton ISD wrote:

“Denton ISD does not discriminate. We will continue to partner with parents to meet the needs of all students.

Of the 33,348 students we serve, we are aware of two complaints made to the Department of Education’s Office of Civil Rights.

One is regarding a general education student surrounding football, and that individual is no longer enrolled in Denton ISD.

Of the more than 5,400 students served by the Denton ISD Special Education Department, we have been made aware of one complaint related to special education. This involves a Pre-K student who qualified for special education services and is currently receiving services. Before filing this complaint, the parents had agreed with Denton ISD at every ARD meeting and were supportive, until hiring the referenced consultant.

Please keep in mind that OCR complaints can take up to five years to resolve.

Denton ISD stands committed to serving students of all abilities.”

“We want to see Denton ISD make it right,” East said.

Parents and Cunningham will a press conference outside Denton ISD’s Central Office on Thursday at 6 p.m.

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