Individualized Education Plans, or IEPs, are a critical part of navigating education as a student with disabilities (or the parent of a student with disabilities). While they are, in theory, a way to determine specific ways to support your child, they can be very confusing to understand — and complicated to actually implement.
And, to make matters worse, not all Texas schools abide by IEPs perfectly or provide parents with the resources necessary to be informed agents for their families.
This resource will help. Here, we'll discuss what IEPs are, how they work, and what your rights as a parent or guardian of a Texan K-12 student are. If you require assistance at any time to enforce your IEP, assess your school's compliance with your IEP, or understand whether your IEP meets Texas state standards, the Education Law Team at the Lento Law Firm is here to assist. Call today at 888.535.3686 to discuss your options.
What is an IEP in the State of Texas?
An IEP, or an Individualized Education Plan, is a federally-mandated plan that school districts must create and provide for all students with disabilities.
IEPs are:
- Legal documents that describe the individualized programs at a school that are available to support students with disabilities
- Documents that parents, school administrators, teachers, and other professionals work together to create for each student
- Documents that include information about students' unique disabilities, academic histories, required accommodations, and ideal support systems or related services (such as speech therapy or exam modifications)
- Documents that are reviewed on a regular basis
Under the relevant laws — including the Individuals with Disabilities Education Act (IDEA) — schools must issue these plans to all K-12 students within their geographical boundaries.
While most laws governing IEPs are national ones, each state may have regional guidelines and some level of flexibility over the way the IEP system functions.
Texas' Specific Requirements for IEPs
According to the Texas Education Agency, the state of Texas has specific requirements that all IEPs must follow.
These requirements include:
- That the IEP team must be comprised of several individuals with differing roles, including the parents or guardians of the student, a special education teacher, and a general education teacher.
- That IEPs must be generated within a set period of time after a student is deemed eligible for special education (generally, within 30 calendar days).
- That IEPs must include annual goals that are measurable and well-defined, and that relate to each individual student's abilities and needs.
- That IEPs must include a specific, measurable plan for monitoring both the student's progress and the efficacy of the school's special education supports and services.
- That IEPs must include a statement that can be provided to relevant personnel, including the student, teachers, test proctors, or even larger district- or state-wide testing, that specifically describes any necessary test-taking modifications or accommodations the student requires.
In addition to these stipulations, there are certain sections that every Texas IEP must include. Examples of these sections are transition plans and emergency plans.
What are IEP Transition Plans in the State of Texas?
Transition plans are meant to help students with disabilities transition from their K-12 school to their next life chapter — whether that be a different high school, college, graduate school, or employment.
Transition plans are a part of comprehensive IEPs. The same team that created your child's IEP should create the transition plan as well.
The Texas Transition and Employment Guide contains specific instructions and guidelines for the development of these transition plans. According to this resource, a complete transition plan should include:
- Tools for the student or their support teams to assess the student's career or employment readiness
- Training resources for postsecondary education
- Plans for helping the student achieve independent living skills
- Resources to help the student advocate for themselves
Much like the larger IEP, a student's transition plan should contain measurable goals for the student to work towards throughout their postsecondary academic career or their first years of employment. The transition plan must also list all services, support systems, and skills needed for the student to achieve those goals.
The student and their family should be involved in the creation and finalization of the transition plan, and the transition plan should also contain a plan for updating the plan itself, should the need arise.
Do IEPs in Texas Contain Plans for Emergency Situations?
Especially in recent years, Texas IEPs have begun to include plans in the event of an emergency — particularly an emergency that necessitates a school closure.
This is especially pertinent for students who require IEPs, as the support systems that students with disabilities often need may be tied to in-person academic institutions.
Now, Texas IEPs should include plans and resources regarding the ongoing support of students in the event that their school closes (even temporarily). The reasons for closures can vary, and can range from epidemics to earthquakes, strikes, safety hazards, or other states of emergency.
The emergency IEP plans should include guidelines for transitioning to alternative educational environments, resources for educational supplements and support services, and details about who to contact for further help if the emergency happens very suddenly.
If you've realized that your student's IEP does not contain adequate information about what might happen in an emergency event, get in contact with your student's school. You should be able to schedule an update meeting to discuss these provisions as necessary.
What Common Issues Arise with Texas IEPs?
Most of the issues that arise with Texas IEPs occur when the general rules followed above are not met.
For example, many people express concern over their IEPs when:
- Parents are not involved in the creation of an IEP
- There are no proper assessments, evaluations, progress monitoring, and other steps included within the IEP
- The goals and objectives of the IEP are not sufficiently specific to the individual student
- The IEP does not include sufficient access to the general education programs at the school for the student
- The IEP does not include a comprehensive transition plan or emergency plan, leading to issues when or if these events take place
Other problems crop up when an IEP is created and finalized according to the above parameters, but the IEP itself is not implemented correctly, or school districts deny students required accommodations despite the IEP.
For example:
- Schools may implement accommodations incompletely
- Schools may ignore mandatory modifications
- Schools may not have specialized support staff or trained teachers to provide necessary services per the IEP
- Schools may not communicate with parents about perceived issues with the IEP
In particularly egregious situations, schools or school staff may create situations (consciously or unconsciously) where students with disabilities suffer abusive conditions while at school. These conditions can range from unfair treatment by a student's peers to a lack of required support from staff — or even more dangerous events where a student may risk harm, yet not be able to advocate fully for their safety.
In a later section, we will discuss some recommendations that special interest groups have issued to the Texas government to reduce these issues. For now, and on an ongoing basis, you need to be your child's primary advocate.
If any of these or similar issues persist, you need to talk to an experienced attorney-advisor at once. Attorney-Advisor Joseph D. Lento and his Student Defense Team are prepared to assist. Call 888.535.3686 to discuss your case.
What is the Process of Setting Up an IEP with Your Texas School Like?
If you are just getting started with your student's educational journey and you know an IEP is in their future, it can be confusing to know how to get started.
While the specific process you will follow may depend on your specific school district, there are a few different steps that should be universal for Texas schools.
Keep an eye out for the following:
- A referral. Someone related to your student — whether it's you as a parent or guardian, or one of your student's teachers — will request an evaluation to see whether your student is eligible for special education programs.
- An evaluation. After receipt of this referral, your student will undergo an evaluation to see whether they meet the criteria for these types of programs or services. This may include a review of their previous academic work, meetings with you and your student, or other assessing activities.
- A meeting. Once your school has completed its evaluation, a committee will meet to review the results and determine whether your student is eligible for special education programs or support services.
- IEP development. If the committee determines that your student is eligible for these services, the committee — which should be comprised of educational and health professionals, as well as family members of the student — will work together to develop an IEP that meets all applicable standards.
- IEP implementation. Finally, the committee will share the IEP with other professionals directly responsible for its implementation — e.g., other teachers and administrative staff at the school — and initiate implementation. The committee will also schedule yearly updates to review and edit the IEP as needed.
While this entire process should center around your child's safety and well-being, there are several ways it could infringe upon your family's rights or fail to protect your child.
If you're ever worried about your school's ability to evaluate your child's eligibility for special education accurately, or you are concerned about the process your school is using to develop and initiate your student's IEP, contact Attorney-Advisor Joseph D. Lento and his team at once. The number is 888.535.3686.
Are There Resources Available to Help Texas Parents as They Navigate Texas IEPs?
Yes, there are resources available to help parents as they tackle this challenging journey.
For example, the Texas Education Agency has informational resources on its site that can help parents understand what IEPs are, the various steps involved in creating and implementing IEPs, and how to talk about IEPs with their schools and school districts. The agency also has a model IEP form on its site that can help people visualize what their students' IEPs might look like, which can be a helpful tool.
Additionally, the School, Family, and Community Engagement Network of Texas has resources available for students and families to peruse as they set up special education — again, mostly informational resources.
These resources and groups may be helpful, but if you're experiencing complicated issues as you're setting up or implementing your student's IEP, you need a professional dedicated to your case.
You need a student defense attorney with specific experience in the field.
This may seem like an overreaction, but it's not. If your student's IEP is set up poorly or your school does not implement it fairly, your child may not have access to a high-quality education that works for them. Clearly, this can impact their entire future.
Retain the Student Defense Team at the Lento Law Firm to help you go through your student's IEP process, and you can expect:
- Assistance protecting your student's rights throughout the IEP process
- Help understanding how your school can meet your child's needs
- Support as you ensure that your school recognizes those needs and builds systems to meet those needs in your child's IEP
- A thorough review of your school's evaluation and eligibility processes, to make sure that your school is assessing your child properly and recommending appropriate services
- A thorough review of the IEP itself, to make sure that it contains all required information, appropriate accommodations, relevant services, and measurable goals
- Representation throughout any disputes that may arise
- True advocacy for yourself and your child throughout a frustrating, stressful process.
At the end of this experience, you'll feel much more confident that your student's educational support system will truly work for their success — and you'll feel that you have someone in your court to speak to in case there are problems later on.
The Lento Law Firm is passionate about helping students and their families defend their right to education. Contact Attorney-Advisor Lento and his Student Defense Team today by clicking here or by calling 888.535.3686.
The Current State of Special Education in the State of Texas
Schools within the Lone Star State serve well over 750,000 students with disabilities. The special education community within Texas is one of the largest in the nation. Recently, that community has started several initiatives to improve the state of special education in Texas through higher funding, better teacher training, and addressing other systemic issues.
As needed as these initiatives are, they may or may not have any impact on your specific student (who needs fair education support right now, or in the coming few years). And recent strains on education systems nationwide have left many families struggling to figure out how to get their children the support they need — particularly if those children require additional care or specific educational services.
To make sure that you're able to reach a successful outcome for your student with disabilities, hiring an experienced law firm is your best option. The Lento Law Firm Team can draw from its expansive nationwide experience to help parents and guardians in Texas know their students' IEPs are as helpful and compliant as possible. The Lento Law Firm can also support parents as they work to get their students the education they are entitled to by Texas law.
Recent Special Education Policy Recommendations
In January 2023, the Continuing Advisory Committee for Special Education convened to determine specific Special Education Policy Recommendations for the 88th Texas Legislative Session.
These recommendations, through their proposed solutions and their rationale, highlight current issues for students with IEPs in Texas — and may shine a light on routes to appropriate resolutions.
The group provided recommendations ranging from those targeting abuse of students with disabilities to others ensuring the qualifications of special education teachers. These recommendations included the following:
- That Texas establish a requirement for tracking incidents of student abuse, and make the information public;
- That Texas prevent issues that would get in the way of timely investigation of school staff accused of special education student abuse;
- That Texas expand the Do Not Hire Registry to include educators who have abused students with disabilities
- That Texas schools notify parents (and guardians) of the “Cameras in the Classroom” law on an annual basis
- That Texas schools keep camera footage on file for 12 calendar months
- That Texas schools address the obstacles currently in place making it more difficult for parents to access camera recordings
- That Texas schools or Education Service Centers provide school staff with training to support safe, appropriate interactions with students who have disabilities
- That the Texas state government update its legal language to protect limited access to student data, including definitions of “breach of data” and language to address the use of AI within school systems
- That the Texas Education Agency create short- and long-term plans to improve school data security and privacy (including plans for ongoing audits)
- That every local education agency in Texas adopts updated, thorough digital accessibility policies
- That the Texas Education Agency identifies the top barriers to school digital material accessibility, and devises training and acceptability standards for each of those barriers
- That the Texas Education Agency secures training for student, staff, and their support network with regard to any assistive technologies or accessibility features required under that student's IEP
- That paraprofessionals in Texas should be required to complete ongoing education to provide support to students with disabilities in Texas schools
- That all teachers, special education and otherwise, receive instructions in different forms of accessible lesson plans and learning strategies
- That all educators in Texas be required to educate students with disabilities, detect the possible need for special education, and be able to implement interventions and support strategies as needed
- That students be offered educational opportunities in the least restrictive environment possible, and that any plans made to support that student be student-centered, strengths-based, and supportive of the student as a whole person
- That IEPs be truly individualized and based on each student's needs, instead of being centered around school resources
- That representatives from the teams supporting students receiving special education be present at general school education and extracurricular planning events
- That plans discussing school safety implement specific considerations and safety plans for individuals who have disabilities
Not all of these recommendations will be implemented in every school — or make sense to pursue for every individual with disabilities. However, they establish a helpful set of guidelines to support families as they pursue fair treatment and required assistance for their students. As you navigate your IEP process, keep these guidelines in mind. They may inform what to include in your student's IEP.
If this seems like a lot to keep track of, that's because it is. Fortunately, you don't need to navigate this alone — nor should you. Instead, retain premier student defense attorney-advisor Joseph Lento and his team to help ensure your student's IEP is truly written and implemented with their best interests in mind.
Retain the Lento Law Firm Team to Protect Your Texas Student's Rights
If your Texan student requires an IEP, you need to know how to ensure they're able to access their education without discrimination.
After all, you cannot assume that your school will treat your child as it should. You also cannot assume that your school will meet all of its responsibilities towards your child — or that your school will not use bad-faith arguments to minimize your child or their IEP.
The Lento Law Firm is a nationwide law firm that can help students no matter where they reside or which school they attend. We are proud to provide experienced support for students in Texas, and are determined to help your student retain their spot at their local school within their local community, if that is your plan for your student.
Contact us online or call us at 888.535.3686, and we will work with you to protect your student's education and their future.
