Texas Special Education Requirements

What special education requirements does Texas have beyond federal law?

Texas imposes several special education requirements that exceed federal minimums, reflecting the state's commitment to enhancing protections for students with disabilities and their families. Prior Written Notice Timeline: Texas requires prior written notice at least 5 school days before any proposed or refused action regarding identification, evaluation, placement, or FAPE, unless the parent agrees to a shorter timeframe (19 TAC §89.1050(d)). Federal law (34 CFR 300.503) requires PWN but does not specify a minimum number of days. IEP Translation: Under TEC §29.005(d), if the parent's native language is Spanish, the district must provide a written copy or audio recording of the IEP translated into Spanish. For other non-English languages, the district must make a good faith effort to provide a written or audio translation. This goes beyond the federal requirement for notice in the parent's native language. Transition Planning at Age 14: Texas requires transition planning to begin no later than the first IEP in effect when the student turns 14, while the federal minimum is 16 (19 TAC §89.1055(k)-(l); compare 34 CFR 300.320(b)). Recess and Reconvene: When the ARD committee cannot reach mutual agreement, Texas mandates a single opportunity to recess and reconvene within 10 school days (19 TAC §89.1055(p)(1)), a structured process not explicitly required by federal law. Parent-Directed Special Education Services (PDSES): Texas established a state-funded program (formerly SSES) under TEC §§29.041-29.049 providing supplemental services and materials directed by parents for eligible students, with no federal equivalent. Extended School Year (ESY): Under 19 TAC §89.1065, the ARD committee must consider ESY services at each annual review. ESY eligibility requires documentation that the student has exhibited or may reasonably be expected to exhibit severe or substantial regression that cannot be recouped within a reasonable period. Districts may not limit ESY to particular disability categories or unilaterally limit type, amount, or duration. Dyslexia: HB 3928 (2023) defined dyslexia as a learning disability under TEC Chapter 29, requiring ARD committees evaluating students for dyslexia to include a member with dyslexia-specific expertise. The State Board of Education revised the Dyslexia Handbook to eliminate the distinction between standard protocol and specially designed dyslexia instruction. Video Surveillance: TEC §29.022 allows parents to request video cameras in self-contained special education classrooms under specific conditions. Bilingual Special Education: Texas districts with significant numbers of emergent bilingual students must provide bilingual special education services combining special education with bilingual/ESL instruction (19 TAC §89.1230, referencing Subchapter BB). The 20 regional Education Service Centers provide technical assistance to districts on all these requirements. Texas also requires the TEA to produce and make available the Notice of Procedural Safeguards in English, Spanish, and Vietnamese, with districts making good faith efforts for additional languages.