Students with disabilities are protected by two major federal laws—the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). These laws are key laws in the United States for ensuring education rights for people with disabilities. They mandate certain requirements for students with special needs, especially in elementary and secondary schools.
Specifically, ADA requires equal access and protects individuals from discrimination based on their disabilities. ADA trumps all other laws regarding students in the postsecondary environment. IDEA governs any special education in children from age 3 until they graduate from high school or until age 21, if they remain in high school.
Each state may provide additional protections and support for these students, as may counties and school districts. Parents in the Greater San Antonio area with students with disabilities should be aware of the applicable federal, state, and local laws that impact their child's access to education. One caveat is that these laws govern public schools, not private schools. Private schools may have different policies, but they don't have to abide by federal laws.
Regardless of where your child is getting their education, if a school is not providing them with the support they need, you have the right to speak up and advocate on their behalf. The Lento Law Firm works with school districts in Greater San Antonio and across the country to ensure students have the best possible support to succeed.
Greater San Antonio
Greater San Antonio is an eight-county metropolitan area in Texas defined by the Office of Management and Budget (OMB) as San Antonio-New Braunfels. The metropolitan Statistical Area sits on the southwestern corner of the Texas Triangle, straddling South Texas and Central Texas. Greater San Antonio has a population of about 2.5 million, up from about 1.7 million in 2000. It is Texas's third largest metropolitan area behind Dallas-Fort Worth-Arlington and Houston-The Woodlands-Sugar Land.
Eight counties make up Greater San Antonio:
- Atascosa County
- Bandera County
- Bexar County
- Comal County
- Guadalupe County
- Kendall County
- Medina County
- Wilson County
San Antonio is a principal city and the central city of Greater San Antonio, with a population of greater than 1.5 million. New Braunfels is also a principal city, with a population of just over 104,000. Seguin is a third principal city with a population just shy of 30,000. Other cities in the MSA that rival Seguin in size include Cibolo, Converse, Schertz, and Timberwood Park.
These cities and communities may have different policies regarding students with disabilities. Understanding the specifics of each allows parents and students to maximize their support.
Colleges and Universities
San Antonio is home to 31 higher-education facilities, including the University of Texas at San Antonio, Texas A&M University-San Antonio, and the five colleges that comprise the Alamo Community College District. Others include St. Mary's University, the University of the Incarnate Word, Trinity University, and Wayland Baptist University.
Like other institutions of higher learning, these facilities must follow federal and state laws but may have more leeway in their policies for students with disabilities. For example, education is a right for all children from infants through high school graduation, whereas education is considered an opportunity in the postsecondary education setting. Schools are responsible for identifying, testing, and providing any needed services for special education students. In contrast, in postsecondary schools, students must self-identify as special needs, arrange and pay for their testing, and seek out services independently. They are also only allowed certain accommodations in college classrooms. Disabled students in the college and university setting are also not given accommodations such as reduced assignments, extended study time, or grading changes unless it is at the professor's discretion. And any accommodations made must be reasonable and not compromise the class's academic integrity.
The bottom line, once a child reaches the age of 18 and enters postsecondary education, parents no longer have a legal role to act as their advocate. Instead, students are expected to advocate on their own behalf.
Understanding FAPE, IEPs, 504 Plans, and LREs
Moreso than postsecondary schools, K-12 schools must provide students with disabilities with support and resources to complete their education under certain federal laws. These laws and some of the key aspects of them include the following:
Free Appropriate Public Education (FAPE) entitles all students in the U.S. with disabilities to an education guaranteed by the Rehabilitation Act of 1973. The IDEA may provide additional services or programs to students at no additional cost to them or their families.
Individualized Education Programs (IEPs) are plans or programs designed to help students with disabilities in elementary and secondary schools receive specialized instruction and related services.
504 Plans provide reasonable accommodations to students with disabilities and remove barriers to ensure their academic success and access to learning. Schools are not required to provide all accommodations and may consider factors such as cost and use of resources to determine what constitutes a reasonable accommodation for each student. Everything that's included in a 504 Plan can be in an IEP. If a child qualifies for an IEP, there is usually no reason for them to have a 504 Plan.
Least Restrictive Environment (LRE) means that school districts must provide students with disabilities meaningful access to same-age peers without disabilities when appropriate. For example, schools may assign an aide to a student in a general classroom.
Ideally, FAPE, IEPs, 504 Plans, and LRE work together to provide students with disabilities the resources and support they need to have the same education opportunities as other students.
Texas Law
The Legislature revised the Texas Education Code in 2021, to address the needs of students with disabilities who have or need a behavioral intervention plan (BIP). BIPs provide teachers with positive solutions to behavioral issues with special needs children rather than punishing the child. A student's BIP is considered part of a student's IEP in Texas. Under the new revisions, public schools are now required to better prepare for and monitor changes in student behaviors that impede learning and success in school.
The new mandate also requires that a school committee review each student's IEP and update it annually, which means the committee may update a child's BIP annually, as well. During that review, the committee must consider any changes in the children's circumstances, such as discipline, unexcused absences, placement, unsupervised departures from the educational setting, and the safety of the student and others around them.
If a public school official physically restrains a student with a disability, the school must inform the student's parents by written notice. If the student has a BIP, the note should include a recommendation on whether the committee should revise the child's BIP. If the child does not have a BIP, the school must provide information on how the parent can request a meeting with the committee to discuss a functional behavioral assessment (a formal evaluation for a BIP) and developing a BIP.
Every Student Succeeds Act
The Every Student Succeeds Act (ESSA) is a federal law passed in December 2015 that oversees the U.S. K-12 public education policy. It replaced the No Child Left Behind Act and reauthorized the Elementary and Secondary Education Act (ESEA) in 1965. ESSA requires every state to measure students' reading, math, and science performance and inform parents of their standards and results. The goal is to ensure quality education regardless of their socioeconomic status or disability.
Regarding students with disabilities, ESSA incorporates multi-tiered systems of support (MTSS), an evidence-based framework that integrates multiple services to address a student's academic, behavioral, and social-emotional well-being. School districts throughout the state of Texas have adopted MTSS.
The Texas Education Agency, the state agency that oversees primary and secondary education in Texas, provides guidance for schools that informs them that all public schools must “notify a parent of each child who receives assistance from the school district for learning difficulties every year. This includes supports through an MTSS program that are above the level of intervention used with all children. This notice does not apply to parents of children receiving special education.”
The agency defines the tiers as follows:
Tier 1 – high quality classroom-wide instruction and support for all students.
Tier 2 – targeted support to address a student's gap in skills
Tier 3 – intensive support usually provided more often and in smaller groups.
The San Antonio Independent School District (SAISD), a major public school district in the San Antonio-New Braunfels metro area, is implementing MTSS practices into its 5-Year Goals.
SAISD points out that its MTSS plan isn't just for students with special needs: "The purpose of MTSS is to engage in a continuous cycle of problem-solving based on data to provide immediate support when students have unmet educational needs. When effective, MTSS reduces the need for more restrictive educational placements for many students by intervening early. For students performing below grade-level, movement to less intensive Tiers is a high priority, when appropriate to the needs of each student. All school staff (teachers, administrators, counselors, social workers, interventionists, parent specialists, etc.) should work together to implement the MTSS framework for the benefit of all students on a campus."
San Antonio School Districts
San Antonio is served by 19 independent school districts, each with elementary, middle, and high schools:
- Alamo Heights
- East Central
- Edgewood
- Floresville
- Fort Sam Houston
- Harlandale
- Judson
- La Vernia
- Lackland
- Medina Valley
- North East
- Northside
- Randolph Field
- San Antonio
- SCUCISD
- South San Antonio
- Southside
- Southwest
- Somerset
Some of the largest high schools in this district include Stevens High School, Brennan High School, Roosevelt High School, Jay High School, and Churchill High School.
New Braunfels Independent School District
K-12 students in New Braunfels are served by the New Braunfels Independent School District, which has nine elementary schools, three middle schools, two high schools, and an alternative school. The entire school district serves just under 10,000 students.
Seguin School Districts
Two independent school districts serve students in Seguin—Seguin Independent School District and Navarro Independent School District. Seguin ISD is the largest school district in Guadalupe County, serving about 7,500 students in K-12 grades. The district has seven K-5 elementary schools, two middle schools, one 5A high school, a nontraditional high school learning center, and an alternative school.
Navarro ISD serves more than 1,900 students in Seguin, New Braunfels, and San Marcos communities. Navarro ISD has one high school, one junior high school, one intermediate school, and one elementary school.
San Antonio Disability Services
San Antonio ISD offers a range of services for students with special needs, including adapted physical education, alternative learning environment, assistive technology, juvenile detention campus, behavior support curriculum, crisis prevention intervention, deaf & hard of hearing services, dyslexia, early childhood special education, inclusion resources, psychological services, regional day school program for the deaf, residential facilities, social-emotional-academic development services, speech programs, and blind and visual impaired learning.
If a parent believes their child has unaddressed needs, the Texas Education Agency's Office of General Counsel oversees the Special Education Mediation and Due Process Hearing programs. If you have concerns about your child's needs special needs, an experienced attorney-advisor with the Lento Law Firm can help.
Protect Your Student's Right to an Education
Federal and state laws in Texas ensure all students have the right to free and appropriate public education. If you live in the San Antonio-New Braunfels metro area and are concerned about your school's ability to meet your child's needs, you must fight for your child's rights. If and when a school district fails to support you and your child, you must consult an attorney-advisor who knows all the available laws and services in your area.
The Lento Law Firm is a National Education Law Firm, serving students with disabilities. They are experienced advocates who will protect your student's rights in Greater San Antonio and throughout Texas. Call 888-535-3686 today for a consultation.
