As a parent or guardian, you want the best for your child. But as a parent of a special education student, you may not know how to advocate for your child's rights or what laws protect those students who attend schools within the Houston metropolitan area. In the Houston metropolitan area, parents should be aware of not only the federal laws that are available to help their students but the specific state and local laws as well. When a school is not providing the right types of support and services for a student, parents need to be equipped with an understanding of how to advocate for their child. Attorney-Advisor Joseph D. Lento and the Lento Law Firm Education Team will put in the work to form a relationship with your child's school and carve a path forward for your child's academic progress and happiness.
Federal Law: The Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act (IDEA) is a federal law that protects the rights of students with disabilities and provides specific modifications, supports, and services to ensure disabled students can access their education and receive a free and appropriate public education (FAPE). Under the IDEA, schools are required to provide FAPE to all eligible children aged 3-21 who have disabilities and need special education services.
Child Find Obligations for School Districts in the Houston Metropolitan Area
IDEA also has specific laws that require school districts to find, identify, and assess any student within their district whom they suspect might need special education services under a doctrine referred to as “Child Find.” School Districts are expected to use a variety of methods to find children who need special education assessments. These methods may include locating and identifying children through referrals from parents and teachers, screening procedures, and existing school-based programs such as gifted services, reading programs, etc.
The IDEA outlines 13 separate categories detailing students who should be located as assessed for suspected disabilities. These categories include students who may be displaying symptoms of:
- A specific learning disability such as dyslexia or dyscalculia;
- Another health impairment that limits a child's strength, energy, or alertness, such as ADHD;
- Autism Spectrum Disorder;
- An emotional disturbance such as anxiety, bipolar disorder, or depression;
- Speech and language impairments;
- Visual impairments such as full or partial blindness;
- Deafness;
- Hearing impairment losses that are not considered deafness;
- Deaf-blindness for students who have both significant hearing and vision loss;
- Orthopedic impairments such as cerebral palsy, amputations, clubfoot, etc.;
- Intellectual disability such as lower than average cognitive abilities such as down syndrome or fetal alcohol syndrome;
- Traumatic brain injury; and
- Multiple disabilities for students who have more than one condition covered by the IDEA
Individualized Education Plans for Students in the Houston Metropolitan Area
After school districts conduct assessments and evaluations, they must hold an Individualized Education Plan meeting to determine if a student is eligible for special education services. The attendants at the meeting are referred to as the IEP “team members” and include people like a general education teacher, a special education teacher, a representative from the local education agency, school counselors, and evaluators like speech therapists, as well as parents and guardians. Parents and guardians may also request to have other people present like an attorney-advocate, family member, or friend. If the child meets the eligibility criteria for special education services, then the IEP team members will work together to create a student's IEP plan. The possibilities for these plans are vast and can include services such as counseling or reading support, accommodations such as more time on tests, or modifications like reduced homework.
Many times, parents and guardians are not informed about the available services. School districts, sometimes conscious of their costs and budgets, aren't always eager to offer additional supportive measures to families who lack this knowledge. Working with nationwide experienced Attorney-Advisor Joseph D. Lento and the Lento Law Firm Education Team can help you better understand the breadth of services available for your student.
It's important to note that families may disagree with the IEP Team's decision to implement or deny special education services. Families may also disagree with the services offered or withheld, the child's classroom placement, etc. In these instances, families have a right to challenge these decisions by filing a Due Process Complaint, attending mediation, and if necessary, proceeding to an administrative hearing before a hearing officer.
Federal Law: The Americans with Disabilities Act and Section 504 Of the Rehabilitation Act Of 1973
The Americans with Disabilities Act (ADA) is another important piece of federal legislation that protects students with special needs. The law protects disabled students in schools by ensuring that they receive equal educational opportunities as their non-disabled peers. Under the act, schools also cannot segregate students with disabilities from their peers without justification.
Schools must also comply with Section 504 of the Rehabilitation Act of 1973. Section 504 requires schools to make modifications to their policies and practices so that students with disabilities can participate in school programs and activities alongside their non-disabled peers as much as possible. For example, if a student is not mobile due to cerebral palsy, the district should develop a 504 Plan that accommodates the student by offering transportation assistance, preferential seating in the classroom, modified physical education requirements, etc.
What Laws Also Apply To College-Aged Students?
Because Section 504 applies to any school that receives federal funding, federally-funded colleges and universities must ensure that students with disabled students are not discriminated against and have equal access to their education and school activities. An example of a Section 504 plan for a college-aged student might include extra time on assignments for students with dyslexia or wheel-chair accessible classrooms and housing for students with physical limitations.
The ADA similarly applies to college-aged students but is applied regardless of whether the school receives federal funding or not.
Do Federal Laws Apply To Private Schools?
The applicability of special education laws in private schools is a nuanced area where Attorney-Advisor Joseph D. Lento and the Lento Law Firm Education Team can help analyze your student's specific needs. While private schools such as Strake Jesuit College Preparatory or The Village School are not required to provide special education services outlined under the IDEA, the local school district may still find your child eligible to receive certain district-based special education services while your student remains enrolled in their private school. The ADA, however, is not dependent on whether the private school receives federal funding, and therefore private schools must still comply with requirements under the ADA.
The Houston Metropolitan Area
The Houston metropolitan area is growing by the day. In fact, The United States Census Bureau reported that the area recently saw the third-largest increase in population in the entire country.
Some of the counties and their associated neighborhoods within the area include:
- Austin County
- Avery Ranch
- Barton Creek
- Steiner Ranch
- Westview on Lake Austin
- Brazoria County
- Brookside Village
- Manvel
- Richwood
- Chambers County
- Mount Bellvieu
- Old River-Winfree
- Winnie
- Oak Island
- Fort Bend County
- Cinco Ranch
- Sugar Land
- Fulshear
- Galveston County
- Friendswood
- League City
- Clear Lake Shores
- Harris County
- Spring Valley Village
- Neartown-Montrose
- Memorial
- Liberty County
- Dayton
- Cleveland
- Montgomery County
- The Woodlands
- Oak Ridge North
- Conroe
- Waller County
- Katy
- Brookshire
As the fourth most populous metropolitan area, there are countless K-12 public schools and private schools in the area. Although there are more than 60 school districts that are all bound by federal and state law, each of them also has its own unique local education agencies that help craft local policy responses and interventions for their physically disabled and neuro-diverse students.
Some districts may be further along in crafting an appropriate infrastructure that supports families with special education students. For instance, The Houston Individual School District is incredibly vast and covers a 333-square-mile radius comprising over 280 campuses and approximately 213,000 students. Splendora Independent School District is much smaller and consists of only five campuses. Other factors besides size, such as socioeconomic status, staff availability, and local politics can also affect the availability of services and quality of assessments for students.
It is important that parents both understand federal and state law and monitor their local school districts to ensure that they are developing programs that uphold these requirements.
Colleges and Universities Within the Houston Metropolitan Area
The area is also home to many colleges and universities. For example, there are over 40 two-year community colleges and four-year universities as well as 50 trade and vocational schools. Some of these schools include the University of Houston at Sugar Land, The Houston Community College System, Prairie View A&M, and the University of Texas Health Science (UTHealth). Although many might assume that their child's educational rights are extinguished when they graduate from high school, this is not the case. Post-secondary institutions are still mandated to abide by specific federal and state laws (as discussed above) that protect disabled students. Students who received supportive accommodations during their K-12 tenure, such as additional time on tests, teacher-provided copies of notes, etc. Students are most likely still eligible to receive similar supportive measures while in undergraduate and graduate programs.
Unlike K-12 students, university students are expected to advocate more for themselves both inside the classroom and with their school's administration. While parents would previously request and attend IEP meetings, university students are expected to work directly with their school's administration to accommodate their physical, emotional, and learning disabilities.
A good way to prepare students in the Houston metropolitan area for this increased responsibility is to start including them in their IEP meetings and reviews during the junior high and high school years. Students have also gained confidence from speaking with Attorney-Advisor Joseph D. Lento and other members of the Lento Law Firm Education Team, who take the time to inform students about their rights and demonstrate effective avenues to seek out educational resources.
Texas State Laws
In addition to the vast requirements under Federal Law such as the IDEA or the ADA, Texas schools are bound by additional state-imposed laws outlined in Texas State Law.
For example, §89.62 of the Texas State Code provides additional support and services for blind and/or visually impaired students beyond just what is required under the IDEA or ADA. Texas also has specific policies for referrals made to the Texas School for the Blind and Visually Impaired, as well as the Texas School for the Deaf. Section 89.1056 further outlines the state's requirements for the transfer of assistive technology devices for special education students under specific circumstances.
While the many laws may seem difficult to navigate, Attorney-Advisor Joseph D. Lento and the Lento Law Firm Education Team are skilled advocates who can help you understand the federal and state-specific laws that apply to your student as well as the many local policies that may be either beneficial or detrimental to their current academic experience.
English Language Learners in the Houston Metropolitan Area
Sometimes students who grow up in dual-language households or households where the parents do not primarily speak English may be flagged for special education concerns due to suspected speech and language impairments. For example, a third grader who was only first exposed to English when they entered Kindergarten may not be reading at grade level by the time they are in second grade. In some instances, the student may not be cognitively impaired at all but may need some additional English Language Learner support at school. In these instances, parents and caregivers must understand that schools are required under Title VI of the Civil Rights Act of 1964 as well as the Equal Educational Opportunities Act of 1974 to both teach students in their primary language, while simultaneously constructing an individualized plan to improve the child's English proficiency.
If your student is an English Language Learner and you suspect that they may not be receiving an academic plan tailored to both their academic success and English Proficiency, work with Attorney-Advisor Joseph D. Lento and the Lento Law Firm Education Team to ensure that they receive the proper educational support they need to flourish.
Work With a Team That Wants the Best for Your Student
If you live in the greater Houston metropolitan area and feel concerned about the direction of your student's academic progress and happiness at school, we can help. Not only do Attorney-Advisor Joseph D. Lento and the Lento Law Firm Education Team know how to utilize the federal, state, and local legislation that protects your student, we exercise extreme thoughtfulness and compassion while working with every one of our clients. Contact us today by calling (888) 535-3686 or by using our online contact form.
