One state institution in Texas to be designated for people with intellectual disabilities who have been accused of a crime

From the Waco Tribune-Herald in Texas:

The Mexia State School and its relationship with the surrounding community soon would undergo decisive change if a bill adopted by the Texas House of Representatives on May 18 becomes law.

The legislation would designate the facility — a home for people with mental retardation — as the state’s forensic institution for people with developmental disabilities. That means all state school residents accused of a crime would be sent to Mexia, at least initially, instead of being scattered throughout Texas’ 13 state schools.

That virtually eliminates the chance the Mexia State School ever would close, officials said.

The move also would affect the Mexia Independent School District, the town’s public school system.

The district has been locked in a dispute with the state over the education of students from the institution who have been accused of a crime. The Mexia facility already houses the majority of forensic juveniles in the state school system, with the district serving about 90 such students this year.

Mexia ISD has contended that the state is responsible for providing extra personnel to make sure those students do not endanger other students and staff. The state, however, has said the district is responsible for them during the school day.

The bill would end that tension by giving the district $5,100 per alleged offender student each year. The district would be required to use that money to hire “behavior support specialists” who would attend to the students’ noneducational needs.

That part of the bill was added by Rep. Byron Cook, R-Corsicana, who represents Limestone County. Other key parts of the legislation call for an independent ombudsmen to monitor the 13 state schools, for video cameras to be installed in common areas for security purposes and for staff training to be improved.

“Countless hours and hard work were spent to pass legislation that significantly improves the system of care for individuals with disabilities living in state schools as well as in the community,” Cook said Monday in a written statement.

The future of state schools has been uncertain for months. Some advocates for people with disabilities have urged lawmakers to close or consolidate the institutions. Those efforts failed this session, but the issue is sure to resurface.

In Mexia, the unfolding drama has had another layer due to the tension between the state school and the school district. The problems started at the beginning of the school year, when the state school stopped sending staff along with alleged offender students who attend class on district property.

That alarmed district personnel, who said many of the students have been accused of serious crimes such as sexual assault and aggravated assault. The charges have not been prosecuted or dropped because a judge ruled the youth’s mental retardation makes them incapable of adequately assisting in their own defense. The same is true for adult state school residents who have been accused of a crime.

As a short-term fix, the district hired a police officer to help watch the forensic students. It also filed a lawsuit against the state, asking that the state school either be required to send staff with students or provide enough classroom space at the institution so all forensic students can attend classes there.

District Superintendent Jason Ceyanes was attending a school board meeting Monday evening and could not be reached for comment about the House bill. However, it appears to address the district’s most pressing concerns. Ceyanes has said in the past that the district would be satisfied if the state gave it extra money to hire extra personnel to supervise alleged offender students.

Laura Albrecht, a spokeswoman for the Texas Department of Aging and Disability Services, which oversees state schools, said she had not seen Cook’s amendment to the bill and could not comment on it.

A version of the legislation already has been passed by the Senate. The bill as amended now will go back to the Senate for consideration.

If Mexia becomes the designated state school for forensic residents, it would continue to house regular residents, but in separate facilities. However, those regular residents could ask to move to another state school campus.

Forensic residents would undergo an evaluation at the Mexia campus to determine whether they are at a “high risk” of causing substantial physical harm to someone else. Alleged offenders determined not to be high-risk could petition to be moved to another state school.

The number of forensic residents living at other state schools was unclear Monday.