Title ED, Education Code

Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS. (a) Dyslexia is an example of and meets the definition of a specific learning disability under the Individuals with Disabilities Education Act (20 U.S.C. Section 1401(30)). If a district suspects or has a reason to suspect that a stud…

Sec. 29.0032. PROVIDERS OF DYSLEXIA INSTRUCTION. (a) A provider of dyslexia instruction to students with dyslexia and related disorders: (1) must be fully trained in the district's adopted instructional materials for students with dyslexia; and (2) is not required to hold a certi…

Sec. 29.004. FULL INDIVIDUAL AND INITIAL EVALUATION. (a) A written report of a full individual and initial evaluation of a student for purposes of special education services shall be completed as follows, except as otherwise provided by this section: (1) not later than the 45th s…

Sec. 29.0041. INFORMATION AND CONSENT FOR CERTAIN PSYCHOLOGICAL EXAMINATIONS OR TESTS. (a) On request of a child's parent, before obtaining the parent's consent under 20 U.S.C. Section 1414 for the administration of any psychological examination or test to the child that is inclu…

Sec. 29.005. INDIVIDUALIZED EDUCATION PROGRAM. (a) Before a child is enrolled in a special education program of a school district, the district shall establish a committee composed of the persons required under 20 U.S.C. Section 1414(d) to develop the child's individualized educa…

Sec. 29.0051. MODEL FORM. (a) The agency shall develop a model form for use in developing an individualized education program under Section 29.005(b). The form must be clear, concise, well organized, and understandable to parents and educators and may include only: (1) the inform…

Sec. 29.0056. INFORMATION REGARDING STATE SUPPORTED LIVING CENTERS. (a) In this section, "state supported living center" has the meaning assigned by Section 531.002, Health and Safety Code. (b) The Health and Human Services Commission, in collaboration with the agency and stakeho…

Sec. 29.006. CONTINUING ADVISORY COMMITTEE. (a) The governor shall appoint a continuing advisory committee consistent with 20 U.S.C. Section 1412(a)(21). At least one member appointed under this subsection must be a director of special education programs for a school district. (b…

Sec. 29.008. CONTRACTS FOR SERVICES; RESIDENTIAL AND DAY PLACEMENT PROGRAMS. (a) The commissioner shall set minimum standards for and develop and update as necessary a list of approved public or private facilities, institutions, agencies, or businesses inside or outside of this s…

Sec. 29.009. PUBLIC NOTICE CONCERNING EARLY CHILDHOOD SPECIAL EDUCATION PROGRAMS. Each school district shall develop a system to notify the population in the district with children who are at least three years of age but younger than six years of age and who are eligible for enro…

Sec. 29.0091. STRATEGIC PLAN TO IMPROVE AND EXPAND EARLY LEARNING AND EDUCATIONAL OPPORTUNITIES FOR YOUNG CHILDREN WITH DISABILITIES. (a) The agency, in collaboration with the Health and Human Services Commission and the Texas Workforce Commission, shall develop and implement a s…

Sec. 29.010. GENERAL SUPERVISION AND COMPLIANCE. (a) The agency shall develop and implement a comprehensive system for monitoring school district compliance with federal and state laws relating to special education. The monitoring system must include a comprehensive cyclical proc…

Sec. 29.011. TRANSITION PLANNING. (a) The commissioner shall by rule adopt procedures for compliance with federal requirements relating to transition services for students who are enrolled in special education programs under this subchapter. The procedures must specify the manner…

Sec. 29.0111. BEGINNING OF TRANSITION PLANNING. Appropriate state transition planning under the procedure adopted under Section 29.011 must begin for a student not later than when the student reaches 14 years of age. Added by Acts 2011, 82nd Leg., R.S., Ch. 1250 (S.B. 1788), Sec.…

Sec. 29.0112. TRANSITION AND EMPLOYMENT GUIDE. (a) The agency, with assistance from the Health and Human Services Commission, shall develop a transition and employment guide for students enrolled in special education programs and their parents to provide information on statewide …

Sec. 29.0113. DRIVING WITH DISABILITY PROGRAM INFORMATION. (a) Each school district and open-enrollment charter school shall provide information regarding the Texas Driving with Disability Program to: (1) students who have a health condition or disability that may impede effectiv…

Sec. 29.012. RESIDENTIAL FACILITIES. (a) Except as provided by Subsection (b)(2), not later than the third day after the date a person 22 years of age or younger is placed in a residential facility, the residential facility shall: (1) if the person is three years of age or older,…

Sec. 29.013. NONEDUCATIONAL COMMUNITY-BASED SUPPORT SERVICES GRANTS FOR CERTAIN STUDENTS WITH DISABILITIES. (a) The commissioner shall adopt rules establishing procedures and criteria for the allocation of grants under this section to students who are eligible under Subsection (b…

Sec. 29.014. SCHOOL DISTRICTS THAT PROVIDE EDUCATION SOLELY TO STUDENTS CONFINED TO OR EDUCATED IN HOSPITALS. (a) This section applies only to a school district that provides education and related services only to students who are confined in or receive educational services in a …

Sec. 29.015. SPECIAL EDUCATION DECISION-MAKING FOR CHILDREN IN FOSTER CARE. (a) A foster parent may act as a parent of a child with a disability, as authorized under 20 U.S.C. Section 1415(b) and its subsequent amendments, if: (1) the Department of Family and Protective Services …

Sec. 29.0151. APPOINTMENT OF SURROGATE PARENT FOR CERTAIN CHILDREN. (a) This section applies to a child with a disability for whom: (1) the Department of Family and Protective Services is appointed as the temporary or permanent managing conservator of the child; and (2) the right…

Sec. 29.016. EVALUATION CONDUCTED PURSUANT TO A SPECIAL EDUCATION DUE PROCESS HEARING. A special education hearing officer in an impartial due process hearing brought under 20 U.S.C. Section 1415 may issue an order or decision that authorizes one or more evaluations of a student …

Sec. 29.0162. REPRESENTATION IN SPECIAL EDUCATION DUE PROCESS HEARING. (a) A person in an impartial due process hearing brought under 20 U.S.C. Section 1415 may be represented by: (1) an attorney who is licensed in this state; or (2) an individual who is not an attorney licensed …

Sec. 29.0163. PROTECTION OF THE RIGHTS OF MILITARY FAMILIES WITH CHILDREN WITH DISABILITIES. (a) In this section, "servicemember" means a member of: (1) the armed forces; (2) the Commissioned Corps of the National Oceanic and Atmospheric Administration; or (3) the Commissioned Co…

Sec. 29.0164. LIMITATION PERIOD FOR FILING COMPLAINT AND REQUESTING SPECIAL EDUCATION DUE PROCESS HEARING. The commissioner or agency may not adopt or enforce a rule that establishes a shorter period for filing a due process complaint alleging a violation of state or federal spec…

Sec. 29.017. TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY. (a) A student with a disability who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, shall have the same right to make educational decis…

Sec. 29.018. SPECIAL EDUCATION GRANT. (a) From funds appropriated for the purposes of this section, federal funds, or any other funds available, the commissioner shall make grants available to school districts to assist districts in covering the cost of educating students with di…

Sec. 29.019. INDIVIDUALIZED EDUCATION PROGRAM FACILITATION. (a) The agency shall provide information to parents regarding individualized education program facilitation as an alternative dispute resolution method that may be used to avoid a potential dispute between a school distr…

Sec. 29.020. STATE-ADMINISTERED INDIVIDUALIZED EDUCATION PROGRAM FACILITATION. (a) The agency shall develop rules in accordance with this section applicable to state-administered individualized education program facilitation. The program shall include the provision of an independ…

Sec. 29.022. VIDEO SURVEILLANCE OF SPECIAL EDUCATION SETTINGS. (a) In order to promote student safety, on receipt of a written request authorized under Subsection (a-1), a school district or open-enrollment charter school shall provide equipment, including a video camera, to the …

Sec. 29.026. RULES. The commissioner may adopt rules as necessary to implement this subchapter. Added by Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 4.24, eff. June 20, 2025. Added by Acts 2025, 89th Leg., R.S., Ch. 1137 (S.B. 568), Sec. 24, eff. June 20, 2025.

Sec. 29.030. PROVISION OF INFORMATION REGARDING LOCAL INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITY. (a) At the first individualized education program committee meeting during which a student's individualized education program is developed under Section 29.005, a school dis…

Sec. 29.041. DEFINITIONS. In this subchapter: (1) "Parent" means a resident of this state who is a natural or adoptive parent, managing or possessory conservator, legal guardian, custodian, or other person with legal authority to act on behalf of a child. (2) "Supplemental instru…

Sec. 29.042. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM. (a) The agency by rule shall establish and administer a parent-directed program for students receiving special education services through which a parent may direct supplemental services and supplemental instructional mater…

Sec. 29.043. APPLICATION FOR GRANT ON BEHALF OF STUDENT. The agency shall establish an application process for an eligible student's parent to apply for a grant held in an online account maintained under Section 29.042(b) and assigned to the student under Section 29.045. Added by…

Sec. 29.044. PROGRAM ELIGIBILITY CRITERIA. (a) The agency shall establish eligibility criteria for the approval of an application submitted under Section 29.043. The criteria must require that the student be enrolled in the current school year at a school district or open-enrollm…

Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF ACCOUNT. Subject to available funding the agency shall approve each student who meets the program eligibility criteria established under Section 29.044 and assign to the student an account maintained under Section 29.042(b). The…

Sec. 29.046. ACCOUNT USE RESTRICTION. (a) Money in an account assigned to a student under Section 29.045 may be used only for supplemental services and supplemental instructional materials. (b) Supplemental services must be provided by an agency-approved provider. (c) If the agen…

Sec. 29.047. AGENCY-APPROVED PROVIDERS AND VENDORS: CRITERIA AND APPLICATION. (a) The agency shall establish criteria necessary for agency approval for each category of provider of a professional service that is a supplemental service, as identified by the agency. (b) The criteri…

Sec. 29.0475. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR AUTONOMY. (a) A provider of supplemental services or vendor of supplemental instructional materials that receives money distributed under the program is not a recipient of federal financial assistance on the basis of receivi…

Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE DUTIES. (a) A student's admission, review, and dismissal committee shall develop a student's individualized education program under Section 29.005, in compliance with the Individuals with Disabilities Education Act (20 U.S.C…

Sec. 29.0485. DETERMINATION OF COMMISSIONER FINAL. Notwithstanding Section 7.057, a determination of the commissioner under this subchapter is final and may not be appealed. Added by Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 4.33, eff. June 20, 2025. Added by Acts 2025,…

Sec. 29.049. RULES. The commissioner shall adopt rules as necessary to administer the supplemental services and supplemental instructional materials program under this subchapter. Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021. Amended by: A…

Sec. 29.051. STATE POLICY. English is the basic language of this state. Public schools are responsible for providing a full opportunity for all students to become competent in speaking, reading, writing, and comprehending the English language. Large numbers of students in the sta…

Sec. 29.052. DEFINITIONS. In this subchapter: (1) "Emergent bilingual student" means a student whose primary language is other than English and whose English language skills are such that the student has difficulty performing ordinary classwork in English. (2) "Parent" includes a…

Sec. 29.053. ESTABLISHMENT OF BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAMS. (a) The agency shall establish a procedure for identifying school districts that are required to offer bilingual education and special language programs in accordance with this subchapter. (b) Within…