For students with disabilities, special education services aren't a luxury. They're a crucial part of their education. Effective accommodations can mean the difference between a student's success or struggle in school.
If your student either has a disability or may have a disability, they have a right to a range of services and support. From initial evaluation to daily support, schools have a responsibility to provide these services. Wherever you and your student are in the process, the Education Law Team at the Lento Law Firm is here to assist you. Call us at 888-535-3686 or fill out an online form.
Special Education Laws and Policies
What services and support a student receives is the combination of federal law, Texas law, and school district policy. While Houston-area school districts must all meet the same requirements under federal and Texas laws, different schools may have various services and support.
Federal Laws
Three federal laws are the foundation for disability rights in education. They are:
- The Individuals in Education Act (IDEA)
- The Americans with Disability Act (ADA)
- Section 504 of the Rehabilitation Act of 1973 (Section 504)
These three laws, along with others, work together to establish and protect not only a student's right to an education but their right to an education free of discrimination. They also establish services and support for students with disabilities.
For K-12 students, the law they and their parents will likely hear about the most is IDEA. Just a few of the requirements under IDEA:
- School districts must assess and evaluate children and teenagers with potential disabilities
- For qualifying students, schools have to create an Individualized Education Plan (IEP), which lists what accommodations a student receives
- School districts have to provide effective, reasonable accommodations
- School districts must provide these services to all children in their boundaries, even children who don't attend their local public school or are too young to attend
- Both early intervention and transitional programs beyond the K-12 years
IDEA recognizes that accommodations and support allow students with disabilities to succeed in school.
Students who don't qualify for a disability under IDEA may be eligible under Section 504. Students who qualify under Section 504 will receive a 504 Plan. While these plans are not required to be written, parents and guardians should request a written copy to help make sure families and schools are on the same page about agreed-upon accommodations.
Texas Law and Services
The Texas Education Agency (TEA) oversees special education in the state. Their responsibilities include implementing federal and state laws, ensuring the state and school districts follow federal and state laws, and overseeing programs.
In 2018, the state developed a Strategic Plan for Special Education in Texas. This guide remains in use and has three major categories:
- Monitoring
- Training support and development
- Student and family engagement
This plan is in addition to TEA's other services. TEA handles special education dispute resolution and guidance for both schools and families.
Education Service Centers
Texas has twenty Education Service Centers (ESCs) throughout the state. While these centers focus more on supporting schools and school staff rather than public outreach, they can be beneficial to know about. Houston is Region 4.
The purpose of these centers is to support school districts with services customized to their region. Region 4, for example, provides the following services, information, and professional development for these special education areas:
- Adapted Physical Education
- Assistive Technology
- Deaf and Hard of Hearing
- Autism
- Behavior/Discipline Management
- Deafblind
- Early Childhood
- Inclusive Practices
- Low Incidence Disabilities
- RDSPD—Regional Day School Program for the Deaf
- Section 504
- State Assessment for Students with Disabilities
- Student Evaluation
- Child Find
- Transition
- Visual Impairment/Orientation and Mobility
Region 4 also has three centers. These centers offer training and support for K-12 school district staff and faculty.
State-Funded Schools
Texas also has two publicly funded schools, the Texas School for the Deaf and the Texas School for the Blind and Visually Impaired. Both campuses are in Austin and have statewide resources. The Visually Impaired Outreach Program, for example, works with approximately 11,000 students annually throughout Texas.
School District Policies and Services
All schools must provide services to qualifying students with disabilities. Neither federal nor Texas law lays out specific requirements for these services. They simply need to be reasonable and effective – not the most effective, the most expensive, or the newest.
For good and bad, school districts have considerable leeway in what services and support they provide. Certain districts may offer better services for certain disabilities than others.
Examples of some of the programs available through Houston-area public school districts:
- Aldine Independent School District has the Lane School, which is a dedicated special education campus.
- Katy, Bellville, Sealy, Hempstead, and Royal Independent School Districts jointly operate the West 10 Regional Day School Program for the Deaf. The school assists children and teenagers from birth to age 21.
- Tomball Independent School District uses Wraparound Services to help support students and families beyond the classroom. They partner with local organizations to encourage student's well-being and success.
- Friendswood Independent School District has several programs that provide specialized support.
Most important, however, is that a school provides individualized support for your student. Two students may have the same disability but require completely different accommodations. Students are more than their disabilities, and IEPs and 504 Plans should reflect the whole student.
Getting Help
The Education Law Team at the Lento Law Firm has four offices in Texas. This includes an office in Houston. All of our offices can help families in Texas with special education issues.
We assist families throughout the special education process and with dispute resolution issues. Our focus is on student-centered solutions that protect a student's education and future.
Schools may decline to evaluate your students. They may fail to provide your student with effective accommodations. They may not consider your child's disability and how it affects their misconduct. Whatever the reason, the Education Law Team at the Lento Law Firm can help.
Protect Your Student's Education
All students in Texas have the right to a free K-12 public education. For students with disabilities, that right extends to the special education services and accommodations they require to benefit from that education.
If your student has a disability and isn't receiving the services they require, contact the Education Law Team at the Lento Law Firm. We focus on protecting every student's right to an education. Call us at 888-535-3686 or fill out an online form.
