Special Education Legal Rights

Summary

In Texas, schools must follow the Individuals with Disabilities Education Act (IDEA) to accommodate students with disabilities. If a childs behavior is a manifestation of their disability, it should be addressed in an Individualized Education Program (IEP), not with criminal charges. If you disagree with the IEPs findings, you can request an Independent Educational Evaluation (IEE), file a complaint with the Texas Education Agency, or request a due process hearing. Special education attorneys can be found through the State Bar of Texass Lawyer Referral Service. Pro bono or low-cost legal services are available through organizations like Legal Aid of Northwest Texas, Texas Legal Services Center, and Lone Star Legal Aid.

Full Conversation

I need assistance for my son who is has mental disabilities and the school reported a conduct for him having an episode, which is common with his disabilities, now he is being charged with criminal charges of a Class A Misdemeanor.
Hello ****, I'm really sorry to hear about your situation. Could you please tell me which state you're located in so I can provide more accurate guidance?
Texas
In Texas:
- Schools should follow the Individuals with Disabilities Education Act (IDEA), which requires them to accommodate students with disabilities.
- If your son's behavior is a manifestation of his disability, it should be addressed in an Individualized Education Program (IEP), not with criminal charges.
Consider consulting with a local attorney who specializes in education law.
The IEP said his conduct was not a manifestation of his disability, but we do not agree
I understand your concerns, ****. If you disagree with the IEP's findings in Texas, you have the right to:
- Request an Independent Educational Evaluation (IEE)
- File a complaint with the Texas Education Agency
- Request a due process hearing
Consider reaching out to a special education attorney for assistance.
Where can I locate that type of attorney
You can find a special education attorney through the State Bar of Texas's Lawyer Referral Service.

State Bar of Texas Lawyer Referral Service


Phone: (*) *-*
Website: www.texasbar.com/lrs
Are there any attorneys that work pro bono or that are for very low income families
Yes, there are organizations in Texas that offer pro bono or low-cost legal services. You could try:
- Legal Aid of Northwest Texas: (*) *-*
- Texas Legal Services Center: (*) *-*
- Lone Star Legal Aid: (*) *-*
Please reach out to them to see if they can assist with your situation.