Understanding Your Child’s Right to Specialized Instruction in Texas Public Schools
If you're a parent in the Austin, Texas greater area, navigating the public school system for a child with special needs can feel overwhelming. Between evaluations, IEP meetings, and district policies, it's hard to know where your rights begin—and how to ensure your child receives the specialized instruction they are entitled to under the law.
This guide from Angela Seager, Attorney at Law, is designed to help Austin-area families understand the legal framework behind special education services in Texas, and what to do when general education simply isn't enough.
What Is Specialized Instruction?
Specialized instruction refers to customized teaching methods or curriculum adaptations designed to meet the unique needs of a student with a disability. Under the Individuals with Disabilities Education Act (IDEA), every eligible child has the right to a Free Appropriate Public Education (FAPE). In Texas, that means your child may qualify for:
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Pull-out services (instruction outside the general education classroom)
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Self-contained classrooms
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Therapies (e.g., speech, OT, PT)
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Assistive technology
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Modified curriculum or teaching strategies
These services are not just extras—they are legal entitlements if your child qualifies under IDEA and needs them to make educational progress.
How This Applies in Austin ISD and Central Texas
In the Austin Independent School District (AISD) and surrounding areas (such as Lake Travis ISD, Round Rock ISD, Leander ISD, and Pflugerville ISD), specialized instruction can take many forms. Some key things Austin parents should know:
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AISD and surrounding school districts offer a range of specialized support programs, including SCORES, Life Skills, and Social Behavioral Skills classes.
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Some students may start in a general education classroom with push-in supports (e.g., a co-teacher or aide), but this is not always sufficient.
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If the school’s current support model isn't helping your child progress, you have the right to request more intensive services, including instruction outside the regular classroom.
What Triggers Specialized Instruction?
To qualify for specialized instruction, your child must be evaluated and found eligible under one or more disability categories recognized by IDEA (such as autism, Other Health Impairment - ADHD, dyslexia, intellectual disability, or emotional disturbance). The Admission, Review, and Dismissal (ARD) committee—Texas’s version of the IEP team—makes decisions about eligibility and services. Parents are key members of the ARD committee.
Parents have a powerful role in this process:
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You have the right to request an evaluation in writing.
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You have the right to disagree with the school’s recommendations.
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You have the right to request an Independent Educational Evaluation (IEE) at the district’s expense if you disagree with the results.
What If General Education Supports Aren’t Enough?
This is where many families get stuck. Texas schools often emphasize inclusion and Least Restrictive Environment (LRE)—which means starting in a general education classroom. But if that setting isn’t appropriate, the law allows for more restrictive placements:
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Resource room instruction
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Self-contained special education classrooms
- Support from an additional teacher or assistant within the general education classroom
It’s not about where the student spends time—it’s about what supports are necessary to make meaningful progress.
Legal Protections for Austin Area Families
Angela Seager, a special education attorney and former special education teacher based in the Austin area, often works with families whose children are not receiving the appropriate services they need. Some common challenges include:
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Delayed or denied evaluations
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IEPs that do not reflect the student’s actual needs
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Schools insisting on “accommodations only” when specialized instruction is warranted
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Lack of trained personnel to deliver individualized instruction
When these issues arise, families have legal tools available, including filing complaints with the Texas Education Agency (TEA) or pursuing due process hearings.
Key Takeaways for Austin Parents
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Your child has a legal right to specialized instruction if needed to make educational progress.
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You do not have to accept a one-size-fits-all solution from the school district.
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Texas law aligns with federal IDEA protections—but implementation can vary widely by district, so it’s important to stay informed and proactive.
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The ARD process should be collaborative, but you are your child’s best advocate.
Resources for Further Reading
If you’re an Austin parent seeking clarity on your child’s rights, staying informed is the first step to advocacy. Specialized instruction isn’t a privilege—it’s a legal obligation when needed for your child’s success.