Navigating the intricacies of education law can be overwhelming for families and students, especially in Texas. The Lento Law Firm, with its extensive experience in education law, offers vital assistance in addressing a broad spectrum of challenges, including special education, disability rights, bullying, and discrimination. The firm's experience and knowledge ensures that all Texas students get an equitable education.
If you or someone you know is having difficulty getting your school to provide you with a fair and equitable education in Texas, you need to contact the Lento Law Firm Education Law Team today for help at 888-535-3686 or schedule a consultation online.
Special Education & Disability Rights
In Texas, the special education system is governed by federal laws like the Individuals with Disabilities Education Act (IDEA) and state regulations, including the Texas Education Code (TEC) and the Texas Administrative Code (TAC). These laws mandate that schools provide a Free Appropriate Public Education (FAPE) to students with disabilities, ensuring they receive the specialized services and instruction necessary for their academic and social success.
The Texas Education Agency (TEA) outlines specific requirements for educational agencies in Texas, which include:
- Written Policies and Procedures: Educational agencies must adopt written policies and procedures regarding the education of children with disabilities. They can either use the Special Education Rules and Regulations provided by TEA or develop their own.
- Racial Disparities: Texas has set thresholds for identifying racial disparities in special education, aiming to reduce the overrepresentation of certain racial groups in special education programs.
In 2024, Texas introduced significant changes to its procedural safeguards, impacting how educational agencies manage special education services. These changes include:
- Expanded Responsibilities: Entities like Education Service Centers and Charter Schools now have broader responsibilities in providing procedural safeguards and protections for students with disabilities. This means families can potentially name these entities in due process complaints, which could change the landscape of special education litigation in Texas.
Under the revised procedural safeguards, key protections include:
- Parent Consent: Schools must obtain consent for initial evaluations, reevaluations, initial services, and changes in placement.
- Notice of Transfer of Parental Rights: Notices must be issued when students reach the age of majority.
- Appointment of Surrogates: Educational agencies can appoint surrogates if requested by the district of residence.
- Independent Educational Evaluations: Schools must provide evaluations at public expense if requested by parents or file due process if they contest the request.
- Prior Written Notice: Notices must be given to parents regarding changes in services or placements.
- Mediation Participation: Schools must participate in mediation to resolve disputes.
- Due Process Complaints: Educational agencies can be named as parties in state and due process complaints.
Families in Texas can advocate for their children's special education needs by understanding these laws and regulations. The Lento Law Firm Education Law Team, with its extensive experience in special education law, will provide crucial support in navigating these complex systems, ensuring that students receive the accommodations and services they are entitled to under Texas and federal law.
Individualized Education Programs & 504 Plans
Individualized Education Programs (IEPs) and Section 504 Plans are crucial mechanisms for providing accommodations and services to students with disabilities in Texas. IEPs are tailored for students who qualify under the IDEA, while Section 504 Plans cater to students with disabilities who might not meet the criteria for special education but still require accommodations to access education.
In Texas, the process for developing an IEP includes:
- Requesting an Evaluation: Parents must submit a written request to initiate the evaluation process. This request should be sent via email or certified mail to ensure there is proof of receipt by the school.
- Evaluation Consent: The school district must respond to the request within 15 school days. If they suspect the student may have a disability, they will initiate the evaluation process.
- Evaluation: The district must complete the evaluation within 45 school days of receiving consent for the process.
- Determining Eligibility: After the evaluation, the school will hold an Admission, Review, and Dismissal (ARD) meeting to determine if the student is eligible for an IEP.
- Developing the IEP: If the student is eligible for an IEP, the IEP must be developed within 30 calendar days of the initial meeting.
For Section 504 Plans, the process involves:
- Referral for an Evaluation: This referral can be initiated by a parent, guardian, teacher, or any other concerned adult. It must be made in writing, and parents must be given a copy of the Section 504 Notice of Procedural Safeguards.
- Obtaining Parental Consent: Once the referral is made, the school district must obtain written consent from the parent to conduct the evaluation. If a parent refuses to consent, the district may not proceed with the evaluation unless it seeks a due process hearing to override the refusal.
- Evaluation Process: The evaluation is conducted by a Section 504 Team, which includes individuals knowledgeable about the student, the meaning of evaluation data, and placement options. This team may include the principal, teachers, school nurse, guidance counselor, and psychologist. The evaluation draws upon information from various sources, such as school records, medical records, and teacher observations. The process should be completed within 30 school days of receiving parental consent unless an extension is necessary.
- Eligibility Determination: After the evaluation, the Section 504 Team determines whether the student is eligible for a Section 504 Plan. This decision must be made based on whether the student has a disability that substantially limits one or more major life activities, such as learning, self-care, or communication. The eligibility determination must be documented in writing, and parents should be given the opportunity to provide input.
- Developing the Section 504 Plan: If the student is found eligible, the Section 504 Team works with parents to develop a Section 504 Plan. This plan outlines the specific accommodations and services needed to ensure the student receives a Free Appropriate Public Education (FAPE) and equal access to educational opportunities. The plan should specify how services will be provided and by whom.
- Review and Reevaluation: The Section 504 Plan should be reviewed annually to ensure it remains effective and meets the student's changing needs. Reevaluations are typically conducted every three years but may occur more frequently if necessary.
It is crucial to familiarize yourself with Texas's Section 504 procedures and your rights as a parent, including the right to mediation or due process hearings if disagreements arise. Working with a skilled Education Law Team throughout this process will ensure your student gets the accommodations necessary to thrive in school.
Discipline & Expulsions
Under Texas education regulations, disciplinary actions and expulsions must adhere to specific guidelines, which are outlined in the TEC. For example, out-of-school suspensions are limited to a maximum of three consecutive days, while expulsions can result in a student being prohibited from attending school for a specified period. Recent data indicates a concerning trend of increased suspensions and expulsions, particularly impacting economically disadvantaged students and those with disabilities.
The Lento Law Firm Education Law Team can offer vital assistance in these scenarios by advocating for your child's rights during disciplinary hearings and ensuring that the school district follows due process as mandated by Texas law. They can guide families through their rights, assist in navigating the appeal process, and negotiate with school districts to mitigate the impact of disciplinary actions on your child's academic record.
For students with disabilities, The Lento Law Firm ensures that disciplinary measures comply with both federal and Texas state laws, including the IDEA, to prevent any unfair treatment. Engaging an education lawyer as soon as you become aware of an accusation against your child can significantly improve the outcome of their case.
Bullying & Harassment
Bullying and harassment pose serious challenges in Texas schools, impacting students' mental health and academic success. Under Texas law, bullying is defined as any intentional act that causes physical or emotional harm, disrupts the educational process, or creates an intimidating, threatening, or abusive educational environment. The Texas Education Code mandates that each school district adopt policies prohibiting bullying, harassment, and retaliation, with clear procedures for reporting and investigating incidents.
Texas also addresses cyberbullying through its anti-bullying laws, including cyberbullying. Covering electronic communication devices used to harass or intimidate students. Furthermore, David's Law amended the Texas Penal Code to increase criminal penalties for cyberbullying, including jail time and higher fines for repeated electronic harassment or violating a cyberbullying injunction.
Parents are instrumental in combating bullying by familiarizing themselves with district policies and promptly reporting incidents to school officials. Schools must document these incidents, notify parents of both the victim and the alleged bully, and take steps to protect victims while addressing the behavior of the bully.
Discrimination Case
Discrimination based on race, gender, or disability is a critical concern in Texas schools. Federal and state laws, including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and the TEC, prohibit discrimination based on race, color, national origin, sex, and disability. The Lento Law Firm Education Law Team plays a vital role in addressing these issues, ensuring that schools adhere to anti-discrimination laws.
There are several types of discrimination cases in Texas, including:
- Racial Discrimination: Racial disparities in discipline and academic opportunities are prevalent in Texas schools. For example, Black students with disabilities often face more severe discipline compared to their White peers, highlighting the need for vigilant advocacy to address these inequities.
- Gender Discrimination: Gender-based discrimination can manifest in various forms, such as unequal access to sports or educational programs.
- Disability Discrimination: Students with disabilities may face discrimination if schools fail to provide adequate accommodations or services. This can include denial of equal access to educational resources or programs, which is prohibited under the IDEA.
Given the numerous ways to discriminate against students, the federal government has established legal frameworks to protect them:
- Title VI: Prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance.
- Title IX: Prohibits sex-based discrimination in educational programs or activities receiving federal funding. This includes ensuring equal opportunities in sports and protecting against sexual harassment.
- IDEA: Mandates that students with disabilities receive a FAPE, ensuring equal access to education (as explained above).
Addressing discrimination in Texas schools requires a comprehensive approach that involves understanding legal frameworks, advocating for policy changes, and seeking legal support. The Lento Law Firm works tirelessly to combat such injustices, protecting student rights and ensuring schools comply with anti-discrimination laws.
Student Rights & Free Speech
Defending students' First Amendment rights is crucial for students in Texas schools. However, while students have the right to express themselves, schools can limit speech that causes substantial disruptions or is obscene. In Texas, laws and court cases have shaped the balance between free speech and school safety.
For instance, the Texas Legislature passed a bill in 2023 that seeks to promote free speech in public colleges and universities by prohibiting diversity statements for job applicants and mandatory DEI training. However, this bill has been criticized for potentially chilling free speech by limiting discussions on race, gender, and other sensitive topics.
Texas students face unprecedented attacks on their freedom to express themselves and learn. Certain state politicians and special interest groups have launched a coordinated campaign to target LGBTQIA+, Black, Brown, Indigenous, and religious minority students in public K-12 schools across the state. Students deserve a high-quality education in a welcoming environment so they can learn about themselves and the world around them.
How the Lento Law Firm Education Law Team Can Help
Texas's special education system is structured to offer comprehensive support to students with disabilities. However, recent legislative changes and ongoing legal battles underscore the importance of proactive advocacy to safeguard these rights. By familiarizing yourself with Texas's laws and regulations, you can more effectively navigate the special education system and ensure your children receive a fair and equitable education.
Working with a skilled member of the Lento Law Firm Education Law Team will ensure the best possible outcome for your child's case. Call the Lento Law Firm today at 888-535-3686 or schedule a consultation online for help.
