Month: September 2016

Policies of the Texas Education Agency (“TEA”) are under investigation by reporters and parents.  It is alleged that there has been an organized effort to keep eligible students in Texas from receiving special education services in public schools.  It has been argued that the goal was to save the TEA billions of dollars; however, this is at the expense of disabled students.

Earlier this year, the Center for Disease Control (“CDC”) stated it estimated 1 in 68 school-aged children in the United States have Autism Spectrum Disorder (“ASD”).  With diagnoses of ASD on the rise, the fact that Texas schools on average failed to reflect an increase in special education services is perplexing.  Many parents over the past few years have been informed that their children were not eligible to receive special education services despite parental concerns and outside diagnoses.

Parents have to know their rights.  The Individuals with Disabilities Act (“IDEA”) was originally enacted by Congress in 1975; improved in 2004.  Under IDEA, each state is charged with the obligation of identifying, locating and evaluating all children with disabilities in the state who need special education and related services.  Additionally, parents by referral, should identify their child as possibly needing special education and request an evaluation in writing.  After parents give consent to have their child evaluated, the evaluation must be completed within sixty days.

If parents disagree with the evaluation, the next step is to request an Independent Education Evaluation (“IEE”) at the public’s expense.  A new and independent evaluation of the student will evaluate the student.  The school can reject the parent’s objection to the school’s evaluation and file a due process complaint.

Frustrated parents can choose to remove their children from public schools and home-school or place their children in private schools or Applied Behavior Analysis clinics.  Without the supports and services in place for Texas students with disabilities, these students can lose the opportunity to reach their individual full potential as protected in IDEA.