Grassroot Advocates of The Arc of Texas,

The House Public Education Committee is hearing a very troubling bill today and we need as many of you to take advocacy actions as possible. Do what you can where you can!

Please contact members of the House Public Education Committee and express your opposition against state supported living center (SSLC) provisions in HB 3781 by Representative Jetton. 

Urgent Advocacy Ask: Express Concerns About Schoolchildren Being Referred to SSLCs for Educational Residential Placement (HB 3781)

The Arc of Texas is appalled by Section 7 of House Bill 3781 by Jetton as filed. Section 7 of HB 3781 requires school district personnel to provide information regarding state supported living centers (SSLCs) when discussing possible residential options. Our reasons for concern include:

• We believe that it is not appropriate for and not the role of ARD committees to provide information regarding SSLCs. Local IDD Authorities are the most appropriate entity to provide information related to residential options, including SSLCs. School personnel are often not well-versed in available disability services and supports, but LIDDAs are.
• Schools are not required to inform families regarding Home and Community-Based Services (HCBS) waivers until the age of 14 currently. This means that families could be told about SSLCs before even knowing about HCBS waivers. HCBS waiver interest lists have over 150,000 people waiting – some up to 16 years. SSLCs are an entitlement and do not have a wait. Why call out the residential option that has no wait and not call out the option that does?
• SSLCs cost roughly $28,300/month per resident. HCS Waiver Residential costs roughly $6,600/month per individual (Cost Comparison Report 2022). By highlighting SSLCs specifically as an option, we risk influencing families to gravitate towards the most costly and restrictive setting. Even if this bill results in 3 additional students with disabilities becoming residents of SSLCs – it will cost Texas over 1 million dollars each year. SSLCs are the opposite of fiscal conservatism.
• Children should grow up and live with their families. Institutions are not family homes. Whenever possible, we must do all we can to ensure all children reside in family homes where they can be loved on and nurtured.

To address these concerns, we recommend the following substitutions:

    Sec. 29.0056.  INFORMATION REGARDING RESIDENTIAL OPTIONS.  (a) At an admission, review, dismissal meeting when residential options are discussed, the school district shall provide to the child's parent or legal guardian the information regarding state supported living centers developed under Subsection (b) for use in discussing possible residential options.

(b)  The Health and Human Services Commission, in collaboration with the agency and stakeholders representing the full continuum of educational residential placement options, shall develop materials to be provided to a parent of a child regarding possible residential options who may qualify for placement in a state supported living center.

(c)  The agency shall make the materials developed under Subsection (b) available for school districts.

Furthermore, The Arc would welcome the addition of the following text in HB 3781.

Subchapter A, Chapter 29, Education Code, is amended by adding Section 29.025 to read as follows:

Sec. 29.025.  REFERRAL TO LOCAL INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITY.  A school district shall refer each student receiving special education services under this subchapter who has or is suspected to have an intellectual or developmental disability to a local intellectual and developmental disability authority for services or public benefits, including services under a Medicaid waiver program established under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c)).

Thank you for your advocacy.