Office of the Texas Governor | Greg Abbott
Menu

K-12 Education

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

On This Page:

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, Section 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 happens 35-45 days before the last day of school, the evaluation report must be provided to the parent(s) or guardian by June 30th. After that, the Admission, Review and Dismissal (ARD) committee is required to meet by the 15th day in the next school year.

Individualized Education Program

ARD 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 form usable 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 to determine if that student is required to pass an 'end of the course' exam to graduate.
  • Requires a personal graduation plan for middle and high school students who did not pass statewide assessments or are unlikely 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. This includes adult service providers, parents, 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. Each school district is required to make that guide available to parents. A designated transition coordinator for students in special education is also required.
  • Authorizes parents to designate transportation of students by school bus. This can include 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.

Texas Education Freedom Accounts

(Texas Education Code, Section 29.351)

  • Provides for the creation of an education savings account program.
  • Includes priority eligibility for children with a disability in a household with a total annual income at or below 200% of federal poverty guidelines.
  • Provides coverage for private school exemptions from the Individuals with Disabilities Education Act. Allows transfers of up to $30,000 to the account of a child with a disability for a school year. This amount is calcuated by private school tuition and other education costs listed on the child's prior individualized education program in public schools. 

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
inquire@spedtex.org

Texas Comptroller's Office
Texas Education Freedom Accounts FAQ
Customer Service Portal
888-334-4112

Relevant Federal Laws

Individuals with Disabilities Education Act

  • Guarantees students with disabilities a Free Approrpriate Public Education (FAPE) in the Least Restrictive Environment (LRE).
  • Requires the creation of a written plan (IEP) that outlines a student's specific educational goals and services received.
  • Provides for early intervention services for infants and toddlers up to age 3 with disabilities.

Every Student Succeeds Act

  • Requires states to measure student progress in reading, math, and science using assessments.
  • Requires students with disabilities to participate in state assessments with accommodations.
  • Sets limitations on the number of students who can take alternate assessments.

Section 504 of the Rehabilitation Act of 1973

  • Requires all federally funded programs, including public schools, to provide reasonable accommodations to people with disabilities.
  • Mandates students with disabilities who are not eligible for special education to have a 504 Plan which outlines the accommodations required by the student.