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Special Education Law in Texas: How State Rules Differ from Federal Law

By Angela Seager • 09/17/2025

Navigating special education law can feel overwhelming for parents and educators alike—especially in Texas, where state-specific rules add extra layers to already complex federal requirements. While the Individuals with Disabilities Education Act (IDEA) sets nationwide standards for timelines, eligibility, and compliance, Texas has its own laws and procedures that can significantly affect a child’s services.

In this article, we’ll explore key differences between federal and Texas special education law (overseen by the Texas Education Agency or TEA) so you can better advocate for your child.

1. Timelines: Texas Deadlines vs. Federal Requirements

Federal Law (IDEA) generally requires evaluations to be completed within 60 calendar days after parental consent.

Texas Law is stricter: once you give written consent, schools must complete the Full and Individual Evaluation (FIE) and hold an Admission, Review, and Dismissal (ARD) Committee meeting within 45 school days, plus an additional 30 calendar days for the ARD meeting for the creation and acceptance an IEP (Individual Education Plan).

Why It Matters:
This means Texas families often see faster evaluation timelines than the federal standard—but only if they know these rights and hold schools accountable. Missing deadlines can delay services, so documentation is critical.

2. Eligibility: Texas Criteria for Special Education Services

Under IDEA, a student must meet one of 13 disability categories and need special education services to access a free appropriate public education (FAPE).

Texas uses the same categories but has historically been more restrictive in identifying eligible students. In fact, the Texas Education Agency (TEA) was found in violation of IDEA in 2018 for capping special education enrollment. While the cap is no longer in effect, advocates still encourage families to be vigilant about eligibility decisions.

Key Tip:
In Texas, certain disabilities—like dyslexia—may qualify a student for services under the special education umbrella, whereas in the past students who qualified with dyslexia only received a 504 Plan.  The IEP process is more complex than 504. 

3. Compliance & ARD Committees

Federal law requires IEP (Individualized Education Program) teams to meet at least annually, but Texas uses ARD Committees to make placement and services decisions.

Texas ARD Committees must:

  • Include parents as equal members

  • Review IEP progress at least once a year (more often if needed)

  • Provide Prior Written Notice (PWN) before making changes

  • Consider state-specific curriculum standards, such as Texas Essential Knowledge and Skills (TEKS) (curriculum standards are subject to changes by the state legislature)

Advocacy Insight:
Parents should prepare for ARD meetings with clear goals, documented concerns, and knowledge of both state and federal protections. Having a special education attorney present can help ensure compliance.

4. Dispute Resolution in Texas

Texas laws allow for:

  • Due Process Hearing

  • Resolution Meeting
  • State Facilitation of ARD Meeting
  • Mediation
  • Special Education Complaint
  • Court action

  • Texas has a complex TEA complaint procedure and shorter timelines for some disputes than under Federal Law. Missing a deadline can mean losing the opportunity to challenge school violations. The school will provide you with written guidelines, but the guidance of an attorney can allow you to navigate the complexity and know the variety of ways you can resolve disputes.

5. Why Texas Parents Should Work With a Special Education Attorney

Knowing the differences between Texas special education rules and federal IDEA standards can be the difference between your child receiving the right services or being left behind. An experienced special education lawyer in Austin can:

  • Ensure timelines are met

  • Determine acceptance of the school district's Full and Individual Evaluation (FIE)

  • Review eligibility decisions

  • Protect your child’s rights during ARD meetings

  • Navigate disputes with the school district or TEA

About Angela Seager

Angela Seager is a dedicated special education attorney in Austin, TX, representing families across Texas in disputes with school districts. She focuses on ensuring students receive the free appropriate public education (FAPE) they deserve under both state and federal law.

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