Lawmakers to overhaul state schools

AUSTIN (KXAN) - After a Department of Justice investigation revealed more than 450 cases of abuse and neglect in Texas' 13 State Schools in 2007 alone, lawmakers are now compelled to fix the problem.

"We're not waiting until the Federal government puts a club to our heads or a lawsuit that forces us to do what we know we need to do anyway," said Sen. Rodney Ellis (D-Houston).

Sen. Ellis and Rep. Patrick Rose (D-Dripping Springs) have filed legislation that would require the Health and Human Services Commission to develop a 10-year plan overhaul State Schools and, in essence, move money that goes the institutions to community based programs.

"We are denying Texans their constitutional right of choice," said Rep. Rose.

Neither lawmaker would specify which or how many State Schools could close down as a result of the reforms, but they both said downsizing would be necessary.

"I want to stress though that we are not closing schools down for financial reasons," said Sen. Ellis.

Austin is home to one of the 13 State Schools. The DOJ report cites 43 "deficits" at the school in Austin. The findings include a "failure to protect clients' rights, the right be free from abuse, neglect and mistreatment." The report also indicates that cases of abuse were not all reported or investigated.

The school would not make an official statement in regards to the legislation, but did say they would comply with whatever lawmakers decide.

Ellis and Rose said the bills will expand the role of community-based services and transfer money to those services in order to reduce their waiting lists. The legislation also aims to give patients more choice in where they live. Some advocates for patients' rights are happy with the legislation, but feel more could be done.

"There should be a moratorium on children being allowed to come to the State Schools," said Susan Murphree with Advocacy Incorporated.

Sen. Ellis said moratoriums are band-aids that lawmakers too often use and a complete overhaul is the only answer to fixing the system.

"Since it was one of the Governor's emergency items, we don't have to wait 60 days to introduce the bill," he said. "We could get this bill on the Senate floor very soon."

 

 

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