Your Child's Right to a Special Education Evaluation
Accessible School Safety Plans
Ending Harmful Behavior Management Practices
Serving Students Who Are Deaf
New Graduation Options for Students with Disabilities
School supplies. Lunch boxes. New clothes. Band practice. ARD meetings.
Yes, it is already that time of year again. It's back to school time, and for some parents that means back to working hard to get your child the special education services she needs to be successful.
This past spring, the Texas legislature passed several laws related to special education, student mental health, school funding, student safety, and more. For a complete list, see the
2019 Texas Education Legislative Summary on our website.
As a parent, you will want to take special note of the following important changes. We encourage parents to keep in touch with school administrators to hold them accountable for implementing these items.
Watch our special Back to School 2019 video series on YouTube or Facebook for more details on all of the topics covered in this newsletter.
Your Child's Right to a Special Education Evaluation
A new law passed this session requires TEA to create and distribute a new written notice to the parents of all Texas public school students about their right to a special education evaluation. The notice must be handed out during the 2019-20 school year and include a statement that the former 8.5 percent limit on special education enrollment is gone. It must also provide information on how parents and students can ask for a referral for a special education evaluation.
But you don't have to wait to receive this notice. If you believe your child needs testing, our resource called How to Request an Initial Evaluation can guide you through the process.
Every district and charter school in Texas is required to have an evacuation plan for severe weather or other emergencies. But a new law now requires that these plans provide students with disabilities equal access to safety during a disaster or emergency.
Get more details on the new law regarding accessible school safety plans by viewing the video on our
YouTube channel or
Facebook page.
Ending Harmful Behavior Management Practices
"Aversive" behavioral management techniques intentionally inflict significant physical or emotional pain or discomfort in an attempt to reduce and stop an unwanted recurring student behavior. A new law passed in the 2019 Texas Legislative Session no longer allows public schools to use these methods.
New Education Code defines the term "aversive techniques" in more detail. Some examples include (but are not limited to) things like the use of an noxious or unpleasant spray in the face, ridicule or demeaning words, securing the student to a stationery object while standing or sitting, and more. (
Read the final bill text that provides details on aversive techniques.)
Watch our video onYouTube orFacebookfor more information on this new law.
The Texas Education Agency (TEA) must now ensure that school districts are assessing the language acquisition of students 8 years or younger who are deaf. Language is defined as American Sign Language and/or English, or the primary language of the child's parent. Districts are required to report the results of these assessments to TEA so our state can measure how well we are serving this student group.
New Graduation Options for Students with Disabilities
In Texas, some students are able to earn one or more "endorsements" as part of their graduation requirements. Endorsements include a related series of courses that are grouped together by interest or skill set. They provide students with in-depth knowledge of a subject area. Students must select an endorsement in the ninth grade from one of five areas:
1) Science/Technology/Engineering/Math
2) Business and Industry
3) Public Service
4) Arts and Humanities
5) Multi-disciplinary Studies
Until recently, students receiving special education services have not been allowed to have courses modified to earn an endorsement. A new law now permits an ARD Committee to adjust curriculum for a student if it determines the change does not alter the required educational outcomes (referred to as academic rigor) of the coursework.
To learn more about this new law, watch our video onYouTubeorFacebook.
Know Your Rights
Disability Rights Texas provides a variety of resources on our website about student and parent rights in special education including:
If you are a Texan with a disability who believes your rights have been violated, please call our Intake Line at 1.800.252.9108 or our Sign Language Video Intake Line at 1.888.362.2851. Intake hours are Monday through Friday, 9:00 am to 4:00 pm.
Disability Rights Texas (previously named Advocacy Inc.) is the federally designated legal protection and advocacy agency (P&A) for people with disabilities in Texas. Its mission is to help people with disabilities understand and exercise their rights under the law, ensuring their full and equal participation in society. Visit
www.DRTx.org for more information.
