Disability rights advocacy groups want language in El Paso health order modified

Jul. 23--Part of the El Paso health order closing classrooms discriminates against students with medical conditions, Disability Rights Texas says.

At least two other Texas counties issued orders with similar discriminatory language in the wake of El Paso's order, the state advocacy agency said. Dr. Hector Ocaranza, the city-county health authority, was the first in the state to require classrooms to temporarily remain shut to students when the new school year begins.

Of concern to Disability Rights Texas is the provision that "all children with special healthcare needs that are considered medically fragile, as determined by a licensed physician, shall not return to school for on-campus, face-to-face instruction" until the 2021-22 school year, "to the extent permitted under the Individuals with Disabilities Education Act."

This provision is "a blanket statement against children who may be medically fragile but ultimately the law requires individualized plans for each student who qualifies for special education," said Angel Crawford, an El Paso-based Disability Rights Texas attorney.

Crawford emailed Ocaranza, as well as City Attorney Karla Nieman and County Attorney Jo Anne Bernal, on July 16 seeking to have the provision removed from the health order. Crawford had not received a response as of Wednesday.

The El Paso Times reached out to the city for comment on Wednesday, but had not heard back as of Thursday afternoon.

As it stands, El Paso's order puts the burden on parents and students in both general and special education to prove they are entitled to in-person instruction if they choose, Crawford said.

" ... the burden should be on the school districts to make a plan to provide in-person instruction to the students on-campus, and perhaps they need to make adjustments to the school rooms or the options available," Crawford said.

Disability Rights Texas is open to finding a way El Paso officials can revise the order so it still protects students with special education needs without being discriminatory. The agency points to Tarrant County as having issued a health order that achieved that.

That county's order reads that "students whose individual plans cannot be implemented with remote learning or who have limited household connectivity to the internet may be provided in-person instruction with social distancing and facial coverings, as feasible."

The Brownsville Herald and The Monitor reported that Cameron and Starr counties, whose orders the advocacy agency also flagged, are in the process of modifying their orders.

Though Disability Rights Texas has no immediate plans to take legal action if El Paso officials do not respond to their concerns, that isn't out of the question.

"We do try to negotiate and avoid it (a lawsuit), but if need be then we absolutely are willing to take it to that point to the protect individuals with disabilities," Crawford said.

Molly Smith may be reached at 915-546-6413; mksmith@elpasotimes.com; @smithmollyk on Twitter.

___

(c)2020 the El Paso Times (El Paso, Texas)

Visit the El Paso Times (El Paso, Texas) at www.elpasotimes.com

Distributed by Tribune Content Agency, LLC.