Synonymous with cool, Texas's capital is home to the University of Texas's flagship campus, the South by Southwest festival, and a music scene billed as the “Live Music Capital of the World.” Step away from South Congress Street, Sixth Street, and the Red River Cultural District, and you'll find some of Texas's best public schools.
Beyond the busy neighborhoods of Austin, the region covers suburban and rural areas as well. This includes a variety of school districts, ranging from McDade Independent School District, which has a total enrollment of 334 students, to Austin Independent School District with an enrollment of approximately 75,000.
Regardless of the size of your child's school or its location, if your student has a disability, they have a right not only to an education but the support and services they need to access that education.
If your student's school is falling short with its obligations, your family needs the help of a legal team knowledgeable in disability rights in education. The team at the Lento Law Firm has nationwide experience assisting families of students with disabilities.
We work with families from school districts large and small, from top-ranked schools to underperformers. Regardless of where your student attends school, they have a right to an education and the accompanying services and support.
The Austin–Round Rock–San Marcos Area
As of the 2020 census, the Austin–Round Rock–San Marcos metropolitan area has a population of just over 2.2 million, almost half of whom live in Austin.
The U.S. Office of Management and Budget lists the following counties as part of the metropolitan area:
- Bastrop
- Caldwell
- Hays
- Travis
- Williamson
K-12 Schools
The Austin region is home to several public school districts, including several well-regarded districts. To name just two, Eanes School District, located in Austin, is ranked as one of the top public school districts in Texas, and Dripping Springs Independent School District consistently receives top marks from the Texas Education Agency (TEA).
In Texas, school districts are not based on a county's geographic boundaries. As a result, some school districts may be listed in more than one county.
In Bastrop County, school districts include:
- Bastrop Independent School District
- Elgin Independent School District
- Lexington Independent School District
- McDade Independent School District
- Smithville Independent School District
- Caldwell County has seven different school districts:
- Gonzales Independent School District
- Hays Consolidated Independent School District
- Lockhart Independent School District
- Luling Independent School District
- Prairie Lea Independent School District
- San Marcos Consolidated Independent School District
- Waelder Independent School District
Hays County, one of the nation's fastest-growing counties in 2016, has 40 public schools spread over seven districts. These include:
- Blanco Independent School District
- Comal Independent School District
- Dripping Springs Independent School District
- Hays Consolidated Independent School District
- Johnson City Independent School District
- San Marcos Consolidated School District
- Wimberley Independent School District
Travis County, with over a million residents, accounts for almost half of the region's population. Multiple school districts serve the region, including:
- Austin Independent School District
- Eanes Independent School District
- Lake Travis Independent School District
- Lago Vista Independent School District
- Leander Independent School District
- Del Valle Independent School District
- Manor Independent School District
- Pflugerville Independent School District
- Elgin Independent School District
- Coupland Independent School District
- Hutto Independent School District
- Round Rock Independent School District
- Marble Falls Independent School District
- Johnson City Independent School District
- Dripping Springs Independent School District
- Hays Consolidated Independent School District
Travis County is also home to two state-sponsored schools, the Texas School for the Blind and Visually Impaired and Texas School for the Deaf.
Williamson County, second to Travis County in terms of population, has over a dozen public school districts within its borders:
- Bartlett Independent School District
- Burnet Consolidated Independent School District
- Coupland Independent School District
- Florence Independent School District
- Georgetown Independent School District
- Granger Independent School District
- Hutto Independent School District
- Jarrell Independent School District
- Leander Independent School District
- Lexington Independent School District
- Liberty Hill Independent School District
- Pflugerville Independent School District
- Round Rock Independent School District
- Taylor Independent School District
- Thorndale Independent School District
- Thrall Independent School District
Beyond federal and state requirements, school districts may have their own policies and programs to support students with disabilities. School districts should provide all families with handbooks or similar documents that provide information on these services.
Colleges and Universities
The region is home to several colleges and universities, ranging from community colleges to medical schools. University of Texas at Austin, considered one of the Public Ivies, is one of the top universities in the country and home to 13 Nobel Prize winners as of 2020. The university has 18 colleges, including McCombs, the oldest business school in Texas.
Another prominent research university is Texas State University, San Marcos. The two universities, both in the Top 30 nationwide for enrollment, have a combined population of almost 80,000 students.
Other colleges and universities in the region include:
- Texas State University, Round Rock Campus
- St. Edward's University
- Huston–Tillotson University
- Concordia University Texas
- Southwestern University
- Texas A&M Health Science Center
Southwestern has the distinction of being the oldest college or university in Texas. While San Marcos is Texas State's primary campus, the Round Rock Campus, first opened in the mid-1990s, continues to expand its offerings.
In addition to four-year schools, the region also hosts several community colleges. Austin Community College serves the majority of the region, although some parts of the area fall under the Blinn Junior College District, Temple Junior College District, or the Central Texas Collect District.
Federal Law
Navigating the various federal laws that involve disability rights in education can be confusing. This is one reason why hiring a legal team can be beneficial.
Three major federal laws govern disability rights in education.
The Americans with Disabilities Act (ADA) covers all Americans and often deals with accommodations such as accessible buildings. The Individuals with Disabilities Education Act (IDEA) covers all children between the ages of 3 and 21 who have not yet graduated from high school. Section 504 of the Rehabilitation Act of 1973 is the third component of federal law.
Families are likely to become most familiar with IDEA, which covers public schools. For families whose children are not enrolled in public schools, one important facet of IDEA to know about is that it requires that school districts support all children within the school district's boundaries. In other words, a student who attends a private school may still receive services and support from their local school.
While private or charter schools may have policies similar to those in federal law, they will not have the backing of federal law. Colleges and universities also have different requirements for students with disabilities. While the ADA applies to all schools, services such as IEPs are only mandated for K-12 students in public schools. IEPs may be useful for college students, however, in helping to determine what services they require.
Common Terms in Disability Rights Law
Families of students with disabilities would benefit from knowing four terms commonly used in disability rights.
Free Appropriate Public Education
All children have the right to a Free Appropriate Public Education (FAPE). For students with disabilities, this extends to the services and support they require to access that education.
Least Restrictive Environment
When possible, students should be in the least restrictive environment (LRE). LRE is a case-by-case determination based on the individual student and not the student's disability. Some students may benefit from being part of the general education and school community as much as possible. Other students may thrive in alternative schools or programs.
Individualized Education Programs
A key section of IDEA is the requirement of an Individualized Education Program (IEP) for all students with disabilities. Parents and school personnel meet to assemble a plan that includes the services and support a student needs as well as the student's goals and expected progress. IEPS should be revised annually, although families can request more frequent meetings or revisions.
Issues with IEPS generally can be divided into two categories: Construction of the IEP and implementation of the IEP. If you disagree with either your student's IEP or how the school is implementing the IEP, you should arrange a meeting with school personnel, including your student's teachers. In some cases, additional action may be required.
Reasonable Accommodations
Finally, schools must provide a student with reasonable accommodations. School districts do not have to provide a student with all possible accommodations and may factor in other considerations, such as cost or the burden an accommodation places on members of the school community. The goal of a reasonable accommodation is to provide a student with disabilities with an educational experience similar to other students.
Texas Law and Policies
In 2018, TEA developed the Strategic Plan for Special Education in Texas. The goal of this plan is to improve special education in Texas, including mapping the progress of program implementation.
This plan followed a 2016 report from the U.S. Department of Education that found that the enrollment rates for special education services in Texas were below the national average. This report attributed this in part to schools actively working to decrease student participation in special education or failing to identify students with disabilities.
The Strategic Plan highlights that, as of 2017, Texas had approximately half a million students who did receive special education services. Of these students, approximately 40 percent, or 200,000 students, failed to meet grade-level benchmarks.
The Strategic Plan identified five areas for improvement:
- Monitoring
- Identification and evaluation
- Training, support, and development for education professionals
- Engagement of students, families, and communities
- Improving Technical Assistance Networks
Members of the public may access the process toward the Strategic Plan's goals on TEA's website.
Dispute Resolution
TEA offers a variety of dispute resolution options for families of students with disabilities. These include:
- IEP facilitation (FIEP)
- Mediation
- Special education complaints
- Due process hearings
IEP Facilitation
IEP Facilitation is intended for situations when families and school districts cannot agree on issues related to a student's IEP. TEA will pay for the cost of a facilitator. Families may choose to have an attorney present. The goal is to reach an agreement on a student's IEP.
Mediation
Mediation occurs for any dispute over the services, either special education or otherwise, for a student with disabilities. Similar to IEP Facilitation, TEA covers the cost of the mediator, and families may choose to have an attorney present. The parties will sign a written agreement that is enforceable in court.
Special Education Complaints
Any individual can initiate a special education complaint when they believe a school district is violating the law or other requirements related to students with disabilities. TEA will pay for an investigator, who will compile a written report of their findings.
Due Process Hearings
Finally, a due process hearing is the most formal option for resolving disputes. While TEA will pay for the hearing and related expenses, families must cover their own expenses. While attorneys are not required, they are recommended for due process hearings. Following the hearing, an officer will issue a written decision. This decision may be appealed to a state or federal court.
What is an Education Service Agency?
The second largest state based on population, Texas has over 1200 public school districts, 1100 private schools, and approximately 180 state-approved charter schools. One way the state manages these schools is through Education Service Centers (ESCs). The Texas Education Agency divides the state into 20 ESCs. These ESCs are voluntary organizations and not part of the state's regulatory framework for education. The Austin area is known as Region 13.
The purpose of the ESCs is to:
- Provide assistance for improving student performance
- Help school districts improve operations
- Assist school districts in implementing initiatives from either the legislature or commissioner
The services an ESC is expected to provide include:
- Assist in the instruction of teaching more efficiently and economically
- Help school districts that are rated academically unacceptable
- Ensure compliance with state law
THE ESC cannot levy taxes and rely on state and federal funds, as well as money from school districts, for operational expenses. Each ESC region is subject to an annual audit.
Region 13
The Austin region falls under Region 13. As of the 2021-2022 school year, approximately 380,000 students reside in this area. Region 13 has the lowest number of students considered economically disadvantaged in the state.
Region 13 defines its mission as collaborating with and supporting schools, teachers, and staff. They liaison with the TEA and serve as a conduit between the TEA and local school districts. The agency provides training and consultation and helps school districts understand both federal and state laws and programs.
Their programs include support for students with disabilities. Some of the programs and services for students with disabilities include:
- Autism Support Services
- Assistive Technology
- Blind / Visual Impairment
- Child Find
- Deaf / Hard of Hearing
- Dyslexia
- Facilitating IEPs
- Low Incidence Disabilities
- Occupational / Physical Therapy
- Progress in the General Curriculum
- Secondary Transition
- SPED Evaluation
- Speech-Language Pathology
Accommodation Central
As part of its resources, Region 13 developed Accommodation Central. Designed as part of the region's efforts for progression in the general curriculum, this website is intended as a resource for school personnel.
The goal of Accommodation Central is to provide resources and help support student learning. As of 2023, the website has two main sections, accommodations and a learning library.
Accommodations are both academic and functional. The learning library provides basic information to help teachers understand the terms and sometimes-complicated laws and concepts that surround disability rights in education. The website also includes a community section for educators.
Accommodation Central can be an excellent starting point for families in the Austin area. Although geared toward teachers and other educational professionals, parents and guardians may find these tools useful. It can also be beneficial as far as knowing some of the resources your student's teachers can access.
Early Child Intervention
Texas has an Early Childhood Intervention program (ECI). Operated by the state's Texas Health and Human Services Commission, the purpose of ECI is to identify children with disabilities between birth and age three.
Students may qualify for ECI under one of three criteria:
- Medical Diagnosis
- Auditory or Visual Impairment
- Development Delay, which includes social/emotional, adaptive/self-help, communication, or motor/cognition.
For delays, a child must be at least 25 percent below the expected development for their age. For language delays, a child must be at least 33 percent delayed.
Once a child qualifies for ECI, payment is based on a sliding scale. Texas states that no child will be denied services due to a family's inability to pay.
ECI programs depend on a family's county of residence. In the Austin area, the following programs are available.
In Bastrop, Caldwell, and Williamson Counties, parents or guardians should contact Bluebonnet Trails Community Services. In Hays and Travis Counties, families can find ECI support from the Any Baby Can Child and Family Resource Center. Those in Travis County can also work with Easter Seals - Central Texas.
Early intervention can be crucial for students with disabilities. Even children not yet old enough to begin school can benefit from services to support them. If your local ECI center is not willing to help or denies your child access to needed services, you should enlist outside help.
Support Your Child's Right to an Education
Students with disabilities have a right to not only an education but the services and support that allow them to succeed in school. Federal law requires that public schools offer support to all K-12 students within their boundaries.
As nationwide attorney advisors, the Lento Law Firm works with families to help them get their students the services they require to thrive in school. Contact us online or at 888-535-3686 for a consultation.
