Patrick Rose

Austin American-Statesman
Tuesday, December 09, 2008

This week, the U.S. Department of Justice (DOJ) warned the state of systemic failures and abominably inappropriate care in Texas’ state schools.  The DOJ cited 450 confirmed cases of abuse and neglect, and 53 residents died from generally preventable conditions in fiscal year 2007 alone.

The case has never been stronger for fundamental reform.  While Texas spent over $1.5 billion last year to serve people with intellectual and developmental disabilities, there were 37,000 Texans on just one of Texas’ many waiting lists for home and community-based programs.

Our state must shift its focus from institutional to community-based care, while strengthening system-wide accountability and oversight.  Accordingly, we will propose legislation during the upcoming session that will direct the Health and Human Services Commission to reduce our dependence on state schools and increase opportunities for independent living through community-based settings.

Today, Texas is serving 664 fewer state school residents than it was a decade ago, yet we continue to operate the same number of state-run institutions.  Not surprisingly, a recent Texas Legislative Budget Board report found that our system is expensive and inefficient.  In 2007, the average annual cost for a single resident in a state school was $125,000.  By comparison, the average cost to serve a person in the most costly community program was less than half:  $59,000 annually.  As a consequence, the LBB recommended that any effort to downsize state schools be accompanied with commensurate funding increases for home and community-based services.

Texas has a legal obligation under the Americans with Disabilities Act, which states that "isolation and segregation of individuals with disabilities [is] a serious and pervasive form of discrimination," yet we have the largest institutionalized population in the country.  Continuation of this trend is unacceptable, and the DOJ has put the state on notice that if we do not address this and other concerns, the "[U.S.] Attorney General may institute a lawsuit" to protect the rights of state school residents.  Waiting for mandates from the federal government is not a prudent road map.

Finally, Texas has a moral obligation to respect the life and dignity of persons with disabilities and to honor their right to be served in home and community-based settings if they so choose.  We respect the decision of families who have chosen a state school setting, and our plan will not force any individual to opt for community-based services should they prefer another setting.  We would be remiss, however, if we failed to acknowledge that the reverse occurs on a daily basis.   A family whose only alternative to institutionalization is an eight-year wait list does not have a real choice. 

Texans place great stock in individual choice, fiscal responsibility, and the dignity of their fellow citizens, and our system of long-term services and supports could do a much better job of reflecting these common-sense values.  In the past, the Legislature has skirted its responsibility and avoided the tough but necessary decision to consolidate and close state schools.  Our state can no longer afford, however, to continue to band-aid this outdated system.

State Senator Rodney Ellis (D–Houston)                     

Chairman, Government Organization Committee

State Representative Patrick M. Rose (D–Dripping Springs)

Chairman, House Human Services Committee