Understanding Your Child’s Rights Under IDEA in Texas

By Angela Seager • 10/21/2025

When your child struggles in school because of a disability, knowing their legal rights can be the difference between frustration and progress. The Individuals with Disabilities Education Act (IDEA) is the federal law that ensures eligible children receive special education services—but in Texas, there are unique procedures and rules you need to understand.

As a special education attorney in Austin, TX, I help parents navigate both federal and state law so their children get the services they are entitled to. Here’s a clear breakdown of your child’s rights under IDEA, with a Texas-specific focus.

1. What Is IDEA?

The Individuals with Disabilities Education Act (IDEA) is a federal law that guarantees every eligible student the right to a Free Appropriate Public Education (FAPE) tailored to their needs through an Individualized Education Program (IEP).

Under IDEA, children from ages 3 to 21 who meet eligibility criteria have the right to:

Special education services at no cost to parents
Individualized instruction based on their unique needs
Equal access to education alongside their peers

2. Texas-Specific Eligibility for IDEA

IDEA lists 13 disability categories—including autism, speech impairments, ADHD, dyslexia (when it significantly impacts learning), and emotional disturbance—that can qualify a student for services.

In Texas:

The evaluation process is handled through a Full and Individual Evaluation (FIE).
Students must not only have a qualifying disability but also show a need for specialized instruction.
The decision is made by an Admission, Review, and Dismissal (ARD) Committee—Texas’ version of the IEP team.

3. The Evaluation Process in Texas

Federal law requires schools to complete evaluations within 60 days after parental consent.
Texas law is stricter:

Schools have 45 school days after you give written consent to finish the evaluation.
An ARD meeting must then be held within 30 calendar days to review results and decide on eligibility.

Tip: Always document the date you give written consent—timelines matter.

4. Your Child’s Right to an Individualized Education Program (IEP)

Once your child qualifies, the ARD Committee will create an IEP, which must:

Set measurable annual goals
Detail the special education and related services your child will receive
Explain how progress will be measured and reported to you

Parents are equal members of the ARD Committee in Texas. You have the right to:

Request changes to the IEP at any time
Bring a special education lawyer or advocate to meetings
Receive prior written notice before the school changes services or placement

5. Procedural Safeguards for Texas Parents

IDEA provides parents with specific legal protections, called procedural safeguards, to ensure schools comply with the law. In Texas, these include:

The right to inspect and review all education records
The right to independent educational evaluations (IEE) at public expense if you disagree with the school’s evaluation
The right to mediation, state complaints, or due process hearings if you dispute the school’s decisions

6. Why Work With a Special Education Attorney in Texas?

Even though IDEA is a federal law, Texas’ rules, timelines, and procedures can impact how and when your child gets services. A special education attorney can:

Ensure your child’s evaluation and services meet both Texas and federal standards
Help you prepare for ARD meetings
Represent you in disputes with the school district or the Texas Education Agency (TEA)

< Older Post