Special Education Process Guide

Comprehensive guide to special education procedures, rights, and processes in Texas

Core Processes

• Overview of Special Education
• Eligibility Determination
• IEP Development Process
• Evaluation and Assessment

Dispute Resolution

• Mediation Process
• Resolution Meetings
• Due Process Hearings
• State Complaints

Overview of Special Education in Texas

Special education in Texas is governed by both federal law (Individuals with Disabilities Education Act - IDEA) and state law (Texas Education Code). The Texas Education Agency (TEA) oversees special education services and ensures compliance with all applicable laws and regulations.

Key Principles

Free Appropriate Public Education (FAPE): All eligible students with disabilities are entitled to a free, appropriate public education
Least Restrictive Environment (LRE): Students should be educated with non-disabled peers to the maximum extent appropriate
Individualized Education Program (IEP): Each eligible student must have an individualized education program
Parent Participation: Parents have the right to participate in all decisions about their child's education
Procedural Safeguards: Parents have specific rights and protections throughout the special education process

Timeline Requirements

Initial Evaluation: Must be completed within 45 school days of receiving parental consent
IEP Development: Must be developed within 30 calendar days of eligibility determination
Services Begin: Must begin immediately after IEP is developed and parental consent is obtained
Annual Review: IEP must be reviewed at least annually
Reevaluation: Must occur at least every 3 years (triennial review)

Eligibility Determination

Disability Categories

Texas recognizes 13 disability categories under IDEA:

Autism
Deaf-Blindness
Deafness
Emotional Disturbance
Hearing Impairment
Intellectual Disability
Multiple Disabilities

Orthopedic Impairment
Other Health Impairment
Specific Learning Disability
Speech or Language Impairment
Traumatic Brain Injury
Visual Impairment

Eligibility Criteria

To be eligible for special education, a student must:

Have a disability that falls within one of the 13 categories
Have an educational need that requires special education and related services
Be between the ages of 3-21 (or until graduation with a regular high school diploma)

Evaluation Process

Referral: Anyone can refer a student for evaluation (parent, teacher, administrator, etc.)
Notice: School must provide written notice to parents within 5 school days
Consent: Parent must provide written consent for evaluation
Evaluation: Comprehensive evaluation must be completed within 45 school days
Eligibility Meeting: ARD committee meets to determine eligibility
Notice of Decision: Parents receive written notice of eligibility determination

IEP Development Process

ARD Committee Members

Required Members:
- Parent(s) of the student
- At least one regular education teacher
- At least one special education teacher
- School district representative
- Person who can interpret evaluation results
- Student (when appropriate, typically age 14+)
Optional Members:
- Related service providers
- Outside agency representatives
- Advocates or attorneys

IEP Components

Required Elements:

Present levels of academic achievement and functional performance
Measurable annual goals
Progress monitoring procedures
Special education and related services
Supplementary aids and services
Program modifications and supports
Participation in state and district assessments
Service delivery details (frequency, location, duration)

Additional Elements:

Behavior intervention plan (if needed)
Transition services (age 14+)
Extended school year services (if needed)
Transfer of rights (age 18)
Secondary transition services

IEP Meeting Process

Notice: Parents must receive written notice at least 5 school days before meeting
Agenda: Meeting agenda should be provided to parents
Participation: All required members must attend or provide written input
Discussion: Committee discusses student's needs and develops IEP
Consent: Parents must provide written consent for initial services
Implementation: Services must begin immediately after consent

Evaluation and Assessment

Types of Evaluations

Initial Evaluation

Comprehensive evaluation to determine eligibility
Must be completed within 45 school days
Requires parental consent
Must assess all areas of suspected disability

Reevaluation

Required at least every 3 years
May be requested more frequently
Determines continued eligibility
May not require parental consent in some cases

Evaluation Components

Academic Assessment: Reading, math, writing, and other academic areas
Cognitive Assessment: Intellectual functioning and processing
Behavioral Assessment: Social-emotional functioning and behavior
Physical Assessment: Vision, hearing, and physical development
Speech/Language Assessment: Communication skills
Adaptive Behavior: Daily living and functional skills
Parent Input: Information from parents about child's development
Teacher Input: Information from teachers about educational performance

Independent Educational Evaluation (IEE)

Parents have the right to request an IEE at public expense if they disagree with the school's evaluation.

Must be requested in writing
School must either pay for the IEE or file for due process
IEE must be conducted by qualified examiner
School must consider IEE results in decision-making
IEE results must be shared with parents

Mediation Process

What is Mediation?

Mediation is a voluntary process where parents and school district representatives meet with a neutral, trained mediator to resolve disagreements about special education services. The mediator helps facilitate communication and assists parties in reaching a mutually acceptable agreement.

Mediation Process

Request: Either party can request mediation by contacting TEA
Scheduling: TEA schedules mediation within 30 days of request
Preparation: Parties prepare their positions and documentation
Mediation Session: Meeting with trained mediator (typically 2-4 hours)
Agreement: If agreement is reached, it is documented in writing
Implementation: Parties implement the agreed-upon terms

Mediator Qualifications

Impartial and neutral third party
Trained in special education law and mediation techniques
Knowledgeable about IDEA and Texas special education procedures
Cannot provide legal advice or make decisions
Must maintain confidentiality of mediation communications

Mediation Agreement

If mediation results in an agreement:

Agreement must be in writing and signed by both parties
Agreement is legally enforceable
Parties must implement the agreement within specified timeframes
Agreement can be enforced through due process hearing
Agreement remains in effect until modified or terminated

Advantages of Mediation

Benefits:

Faster resolution than due process
Less expensive than formal hearings
Maintains positive relationships
Confidential process
Voluntary participation

When to Use:

Disagreements about IEP content
Placement disputes
Service delivery issues
Evaluation disagreements
Communication breakdowns

Resolution Meetings

What is a Resolution Meeting?

A resolution meeting is a mandatory meeting that must occur within 15 days of receiving a due process hearing request. The purpose is to provide an opportunity for the parties to resolve the dispute before proceeding to a formal due process hearing.

Resolution Meeting Process

Due Process Request: Parent files due process hearing request
Notice: School must provide notice of resolution meeting within 5 days
Scheduling: Meeting must be held within 15 days of receiving request
Participants: Required participants include parent and school representatives
Discussion: Parties discuss the issues and attempt to resolve the dispute
Agreement: If agreement is reached, it is documented and implemented
No Agreement: If no agreement, due process hearing proceeds

Required Participants

School Representatives:

District representative with decision-making authority
Attorney for the school district (if school has attorney)
Relevant school staff members
Special education director or coordinator

Parent Representatives:

Parent(s) of the student
Attorney for the parent (if parent has attorney)
Advocate or other representative
Student (when appropriate)

Resolution Meeting Agreement

If a resolution meeting results in an agreement:

Agreement must be in writing and signed by both parties
Parent has 3 business days to void the agreement
Agreement is legally enforceable after 3-day period
Due process hearing request is dismissed
Agreement must be implemented within specified timeframes

Waiving Resolution Meeting

Resolution meetings can be waived in certain circumstances:

Both parties agree in writing to waive the meeting
Both parties agree to use mediation instead
Parent fails to participate in the meeting
School fails to schedule the meeting within required timeframe

Due Process Hearings (DPH)

What is a Due Process Hearing?

A due process hearing is a formal legal proceeding where an impartial hearing officer decides disputes between parents and school districts regarding special education services. It is the most formal method of dispute resolution under IDEA.

Grounds for Due Process Hearing

Identification: Disputes about whether a child has a disability
Evaluation: Disputes about evaluation procedures or results
Eligibility: Disputes about whether a child is eligible for special education
Educational Placement: Disputes about where a child should be educated
FAPE: Disputes about whether a child is receiving a free appropriate public education
IEP: Disputes about the content or implementation of an IEP
Procedural Violations: Disputes about procedural requirements

Due Process Hearing Process

Request: Parent or school district files due process hearing request
Notice: Other party receives notice of the request
Resolution Meeting: Mandatory resolution meeting (unless waived)
Hearing Officer: TEA assigns impartial hearing officer
Prehearing Conference: Parties meet with hearing officer to discuss procedures
Discovery: Parties exchange evidence and witness lists
Hearing: Formal hearing with evidence and testimony
Decision: Hearing officer issues written decision
Appeal: Either party may appeal to state or federal court

Hearing Officer Qualifications

Impartial and not employed by the school district or TEA
Knowledgeable about special education law and procedures
Trained in conducting due process hearings
Cannot have personal or professional interest in the outcome
Must be available to conduct hearings within required timeframes

Hearing Timeline

Key Deadlines:

Resolution meeting: 15 days from request
Hearing decision: 45 days from request
Appeal deadline: 90 days from decision
Implementation: 10 days from decision

Extensions:

Hearing officer may extend timeline
Extensions must be for good cause
Parties must be notified of extensions
Extensions cannot exceed 30 days

Hearing Officer Decision

The hearing officer's decision must include:

Findings of fact based on the evidence presented
Conclusions of law based on applicable statutes and regulations
Specific relief ordered, if any
Timeline for implementation of any relief
Explanation of the basis for the decision
Information about appeal rights

State Complaints

What is a State Complaint?

A state complaint is a written allegation that a school district has violated a requirement of IDEA or state special education law. Complaints are investigated by TEA and can result in corrective action orders.