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Find information on key laws and resources for the education of students with disabilities. While this page includes a summary of laws by topic, it is not intended to be used as legal advice.

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Special Education

(Texas Education Code, Chapter 29)

  • Requires the free, appropriate public education of students with disabilities determined eligible for special education services.

Evaluation

Early Childhood Intervention (Human Resources Code Chapter 73)
Evaluation for Special Education (Texas Education Code Sec 29.004)

  • Provides for a system of early intervention services for children, birth to age three, who have developmental disabilities or delays.
  • Provides for informed parental consent of psychological and other testing measures used for special education determination.
  • Requires a school district to complete an initial evaluation for special education services within 45 days of the request. If the request occurs within 35 and 45 days before the last day of school, the evaluation report must be provided to the parent(s) or guardian by June 30th and the Admission, Review and Dismissal (ARD) committee must meet by the 15th day of the following school year.

Individualized Education Program

Admission Review and Dismissal Committee (19 Texas Administrative Code, Section 89.1050)
Transition Planning (Texas Education Code, Section 29.011)
Graduation Plan (Texas Education Code, Section 28.0212)
Graduation Ceremonies (Texas Education Code, Section 28.025, subsection f)
Transportation (Texas Education Code, Section 34.007)

  • Authorizes the Texas Education Agency (TEA) to develop a clear and concise model form to be used by parents and educators in the Individualized Education Program (IEP) process.
  • Authorizes parents and teachers to request a review of a student's Individualized Education Program (IEP).
  • Allows a student's Admission, Review, and Dismissal (ARD) committee determine if that student is required to pass an end of the course exam in order to graduate.
  • Requires a personal graduation plan for junior high, middle, or high school students who do not perform satisfactorily on the statewide assessment or who are not likely to graduate after five years of high school.
  • Requires school districts to allow students receiving special education services to participate in a graduation ceremony after the fourth year of high school.
  • Provides for the transfer of assistive devices within a district, or to an outside entity such as adult service provider, parent, or another school district.
  • Requires individualized transition planning to be considered in special education students’ individualized education programs. The Texas Education Agency and Health and Human Services Commission are required to have a transition and employment guide available and each school district is required to make that guide available to parents and to designate a transition coordinator for student in special education. 
  • Authorizes parents to designate transportation of students by school bus to and from either a childcare facility or a grandparent's residence as long as these stops are on pre-approved bus routes.

Texas Educational Systems for Special Populations

Statewide Education Plan (Texas Education Code, Chapter 30)
Texas School for the Blind and Visually Impaired (Texas Education Code, Section 30.002)
Texas School for the Deaf (Texas Education Code, Section 30.051)

  • Requires a comprehensive state plan for children with visual impairments, who are deaf or hard of hearing, or who are deaf-blind. This includes provisions for Regional Day School Programs for the Deaf.
  • Creates and regulates the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf.

Disciplinary Actions

Disability Considerations (Texas Education Code, Section 37.001)
Procedure and Restrictions (Texas Education Code, Section 37.0021)

  • Requires that schools consider a student's disability when determining which disciplinary actions to take.
  • Defines procedure and restricts the use of confinement, restraint, seclusion, and time-out for students with disabilities in public and charter schools.

Assessments

(Texas Education Code, Section 39.023)

  • Provides that the student's admission, review, and dismissal (ARD) committee determine the appropriate level of assessment. Students with disabilities must take the STAAR, with or without accommodations, unless they meet participation requirements for STAAR Alternate 2.

Resources

Texas Education Agency
Office of Special Populations and Student Supports
How to File a Special Education Complaint

SpedTex Information and Resources
1-855-773-3839
[email protected]

Relevant Federal Laws