Public Education
Texas Law
- Provides for the free, appropriate public education of students with disabilities determined eligible for special education services.
- 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.
- Provides for the creation of the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf.
- Requires districts to provide a Spanish translation record (written or taped) of the Individualized Education Plan to parents of special education students who only speak Spanish. The districts are required to make a good faith effort for translation to other languages as well.
- Defines and restricts the use of confinement, restraint, seclusion, and time-out for students with disabilities in public and charter schools.
- Requires individualized transition planning to be considered in special education students’ individualized education programs.
- 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.
- Provides for informed parental consent of psychological and other testing measures used for special education determination.
- Provides for a system of early intervention services for children, birth to age three, who have developmental disabilities or delays.
- 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.
- Requires the development of an individual management plan for students with diabetes.
- Requires school districts to allow students receiving special education services to participate in a graduation ceremony after the fourth year of high school.
- Requires provisions for the creation of a dyslexia practitioner license and a dyslexia therapist license.
- Establishes an autism spectrum disorders resource center to coordinate resources for individuals with autism and other pervasive developmental disorders and their families.
- Requires staff development training for effective practices in dealing with students with disabilities.
- Requires the Texas Education Agency to establish and online resource for teachers of students with disabilities.
- Requires that schools consider a student's disability when determining which disciplinary actions to take.
- Allows students with physical disabilities to substitute academic credits for required physical education credits.
- Provides that at least one director of special education sits on the Texas Special Education Continuing Advisory Committee.
- Authorizes a teacher to request a review of a student's Individualized Education Program (IEP).
- Provides for anti-bullying measures in school, including measures against cyberbullying.
- Establishes October as Persons with Disabilities Awareness Month, a month for celebration and activities promoting respect for and better treatment of people with disabilities in Texas.
- Requires schools to adopt policies addressing severe allergies in students.
- Provides for certified teachers for students with visual impairments.
- Requires board-certified teachers to be trained to identify and support students with dyslexia.
- 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.
- Allows for a child with a disability and that child's siblings to receive child care from a relative within the child's home without the relative having to abide by all of the child care standards (such as a criminal background check) usually required by the Texas Workforce Commission.Requires students with visual disabilities to be assessed prior to or soon after being placed in a classroom and to receive instruction in braille, assistive technology, independent living skills, self-determination, and sensory efficiency.
- Requires that an initial evaluation of student's eligibility for special education services based on a visual disability include an orientation and mobility (O&M) evaluation performed by a certified O&M specialist.
- Allows a person in special education to be represented in a due process hearing by an individual who is not an attorney but has knowledge or training in special education matters.
- Allows students with disabilities to substitute academic credit for a foreign language requirement.
- 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.
- Provides that the student's admission, review, and dismissal (ARD) committee determine the appropriate level of assessment when taking the STAAR-Alternate test, allowing the student to test at the lowest level if necessary. Texas Education Agency may not adopt a performance standard that indicates the student will not pass.
- 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, 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.
- Requires the school district to respond to a request for evaluation of special education services no later than the 15th school day.
- Requires the court to consider the student's eligibility of special education services and previous disciplinary actions when processing a school-related disciplinary complaint.
- Requires school districts and charter schools to report the number of students in their district or school who have been diagnosed with dyslexia.
- Requires the Texas Education Agency and Health and Human Services Commission to develop a transition and employment guide, and requires each school district to make that guide available to parents and to designate a transition coordinator for student in special education.
Texas Statutes
- Special Education:
Texas Education Code, Chapter 29
- Statewide Education Plan:
Texas Education Code, Sections 30.001 - 30.005
- Texas School for the Blind and Visually Impaired:
Texas Education Code, Sections 30.002
Texas Education Code, Sections 30.021 - 30.029
- Texas School for the Deaf:
Texas Education Code, Sections 30.051 - 30.059
- Texas Regional Day Schools for the Deaf:
Texas Education Code, Sections 30.081 - 30.087
- Use of Confinement, Restraint, Seclusion and Time-Out:
Texas Education Code, Section 37.0021
Texas Administrative Code, Title 19, Part 2, Chapter 89, Subchapter AA, Rule §89.1053
- Applicability to Charter Schools:
Texas Education Code, Section 12.104
- Transition Planning:
Texas Education Code, Section 29.011
- Personal Graduation Plan:
Texas Education Code, Section 28.0212 - 28.0213
- Testing:
Texas Education Code, Section
Texas Human Resources Code, Chapter 73
- School Transportation:
Texas Education Code, Section 34.007
- Diabetes Care:
Texas Health and Safety Code. Chapter 168
- Graduation Ceremonies:
Texas Education Code 28.025 (f)
- Dyslexia Practitioners and Reporting:
Occupations Code Chapter 403
- Autism Spectrum Disorders Resource Center:
Human Resources Code, Section 114.013
- Staff Development for Teachers:
Section 21.451, Education Code
- Online Resource: Special Health Needs:
Education Code Subchapter J, Chapter 21, Subsection 21.463
- Disciplinary Actions:
Education Code, Section 37.001
- Assessment:
- Education Code, Section 39.0023
- Evaluation:
Texas Education Code, Section 29.004
- Representation in Hearings:
Texas Education Code, Section 29.0162
- Online Learning:
Texas Education Code, Section 26.0031
Contact
- Texas Education Agency
- Information: (512) 463-9734
Complaints: (800) 252-9668
Relevant Federal Laws
- Individuals with Disabilities Education Act:
U.S. Department of Education, Office of Special Education Programs - (202) 245-7459
- No Child Left Behind Act:
U.S. Department of Education
(800) 437-0833 TTY, (800)872-5327
Resources
Transitioning from High School to College (PDF)
(get free Adobe Reader)