For students with disabilities, special education is as key to their education as science or English classes. Whether a student receives effective support can be the difference between succeeding and struggling in school.

Public K-12 school districts in Austin and throughout the U.S. must provide assessment and support for students with disabilities. This responsibility extends beyond enrollment, covering newborns to young adults. This is regardless of whether a student attends their local school.

Issues with special education can pop up at any point in the process. Families and schools may disagree on assessing a student. They may disagree on what services and accommodations are effective for a child.

Whatever the reason, the Education Law Team at the LLF National Law Firm is here to assist you. Call us at 888-535-3686 or fill out an online form.

Special Education Laws and Policies

A combination of federal law, Texas law, and school district policy determines what services and support a student requires. All school districts in Austin and Texas have to follow the same laws and regulations under federal and Texas laws. What can differ is what services and support each school district offers.

Federal Laws

For K-12 students with disabilities, three federal laws establish the baseline for protecting and establishing their rights to 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)

Of these three laws, K-12 students will likely hear the most about IDEA, which applies to all K-12 public schools. Some of IDEA’s requirements include:

  • School districts must assess and evaluate babies, toddlers, children, and teenagers who reside within their district and may have a disability
  • School districts must provide effective, reasonable accommodations to qualifying babies, toddlers, children, and teenagers
  • School districts must provide special education services to all children with disabilities who live in the district’s geographic area, even if children don’t attend their local public school or are too young to attend
  • For qualifying students, schools have to create an Individualized Education Plan (IEP), which lists what accommodations a student receives
  • Beyond the K-12 years, schools must provide early intervention and transitional programs

If a student doesn’t have an eligible disability under IDEA, they may be eligible for support under Section 504. These students will receive a 504 Plan instead of an IEP.

Texas Law and Services

In the Lone Star State, the Texas Education Agency (TEA) manages and administers special education. The agency’s responsibilities cover implementing federal and state laws, ensuring statewide compliance with federal and Texas laws, and providing support and other programs.

Since 2018, Texas has used its Strategic Plan for Special Education to support special education services in the state. The plan has three major categories:

  • Monitoring
  • Training support and development
  • Student and family engagement

Dispute Resolution

Given the importance of education, disagreements between families and schools happen. In general, TEA recommends that families and schools first try more informal avenues of resolving disagreements. For example, parents meeting with their child’s teacher can be a good starting point.

When informal methods don’t result in a solution, families can turn to the state’s formal avenues for dispute resolution:

  • IEP facilitation
  • Complaints
  • Mediation
  • Due process hearings

The Education Law Team at the LLF National Law Firm assists our clients with determining which dispute resolution option is best for their child’s situation.

Education Service Centers

Texas divides the state into twenty Education Service Centers (ESCs) regions. The ECSs are about providing support for schools and school staff within their regions. Austin falls under Region 13.

Region 13’s main campus is in Austin. The region’s three satellite locations are in Marble Falls, La Grange, and San Marcos.

These centers provide support beyond special education, although that’s a major component of their training and support services. Region 13, for example, has training on MTSS, special education certification, and professional development on special education services such as assistive technology and occupational therapy.

State-Funded Schools

Texas financially supports two statewide public schools, the Texas School for the Deaf and the Texas School for the Blind and Visually Impaired. Both campuses are in Austin, which can be an advantage for children with visual and hearing impairments in the area.

School District Policies and Services

When a student has a qualifying disability, school districts must provide that student with special education services. What can vary is what services and accommodations schools provide. As long as accommodations are reasonable, school districts have met their legal obligation.

Accommodations should be tailored to the individual student. Two students may have the same disability but require completely different services. Ideally, a student’s IEP or 504 Plan should reflect their strengths and their struggles.

Examples of some of the special education programs available at public schools in the Austin area:

  • Eanes ISD has inclusion programs such as swimming and robotics. The district is also one of several in the area that participates in the Special Olympics.
  • Leander ISD has worked with Copia Consulting in 2019 and 2023 to identify ways to improve the district’s special education services. These reports are available to the public.
  • All schools should have a Child Find program, which helps identify children in the district with potential disabilities. School districts must have information on their Child Find programs publicly available. Lake Travis ISD, for example, has a webpage dedicated to Child Find and related information.

Getting Help

The Education Law Team at the LLF National Law Firm has four offices in Texas, including one in Austin. Our offices help families throughout the special education process.

We appreciate that each student and their situation is unique, and our goal is to help our clients find education-centered solutions. Whatever the reason, you need an advocate to protect your student’s education. The Education Law Team at the LLF National Law Firm can help.

Protect Your Student’s Education

Students with disabilities have the right to not only a free public education but also special education services and support. Ensuring a student has access to effective services can be the difference between thriving and struggling in school.

The Education Law Team at the LLF National Law Firm works with families and students in Austin and throughout Texas. We assist with special education issues and related matters such as school discipline. If your student has a disability and isn’t receiving the services they require, call us at 888-535-3686 or fill out an online form.

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