Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

State IEP Rights

IEP Rights in Texas: What Parents Need to Know

Texas follows federal IDEA law but adds its own rules through the Texas Education Code. Knowing both gives your child stronger protection.

Meghan Moore, BCBA, M.A. Special Education

How Texas Special Education Works

Texas public schools are required to identify, evaluate, and serve children with disabilities under the Individuals with Disabilities Education Act (IDEA) and Chapter 89 of the Texas Administrative Code. Every eligible child is entitled to a free appropriate public education (FAPE) in the least restrictive environment.

Texas uses the term ARD committee instead of IEP team, but the function is the same. The ARD committee includes you as the parent, your child's general education teacher, a special education teacher, a school administrator, someone who can interpret evaluation results, and anyone else who has relevant knowledge about your child.

Texas Evaluation Timelines

When you make a written request for a special education evaluation, Texas schools have 45 school days to complete the evaluation and hold the ARD meeting, once you provide written consent. This is shorter than the federal 60-calendar-day window and is one of the strongest timelines in the country.

If the school declines to evaluate, they must send you a written Prior Written Notice (PWN) explaining why. You have the right to disagree and request an Independent Educational Evaluation (IEE) at the school's expense if you believe the school's evaluation was inadequate.

ARD Committee Meetings

Every IEP in Texas is developed in an ARD meeting. You have the right to attend, participate, and request an ARD meeting at any time, not just annually. If you request a meeting in writing, the school must schedule one within a reasonable timeframe.

You can bring anyone with you to the ARD meeting, including an advocate, an attorney, or another family member. You do not have to attend alone.

At the end of the ARD meeting, you will be asked to sign the IEP document. You can agree, disagree, or agree in part. If you disagree, note your disagreement in writing. The school can proceed with the IEP even if you do not sign, but your written objection creates a record.

Least Restrictive Environment in Texas

Texas schools must educate children with disabilities alongside their non-disabled peers to the maximum extent appropriate. Removing a child from general education classes requires justification in the IEP and must be based on the nature of the disability, not convenience.

If your child is placed in a self-contained or substantially separate setting, the ARD committee must document why that placement is necessary and what would need to change for your child to participate more in general education.

Dispute Options in Texas

Texas offers three formal paths when you disagree with the school:

TEA Special Education Complaint: File a complaint with the Texas Education Agency if you believe the school has violated IDEA or state rules. TEA must investigate and issue a written decision.
Mediation: A neutral mediator helps both sides reach agreement. Mediation is voluntary and confidential.
Due Process Hearing: A formal legal proceeding before a hearing officer. You can represent yourself or hire an attorney.

Texas Parent Resources

Partners Resource Network (PRN) is the federally funded Parent Training and Information Center for Texas. PRN has three regional centers, TEAM, PATH, and Partners, covering the entire state. They offer free training, workshops, and one-on-one support. Visit prntexas.org.

Disability Rights Texas (DRTx) is the state's Protection and Advocacy organization. They provide free legal advocacy for people with disabilities, including children in special education disputes. Visit disabilityrightstx.org.

Texas Education Agency Special Education Division publishes the Texas Special Education Information Center (TexSEI), which includes plain-language guides, dispute resolution information, and parent handbooks at tea.texas.gov.

Frequently Asked Questions

What is the ARD committee in Texas?

ARD stands for Admission, Review, and Dismissal. It is the name Texas uses for the IEP team. The ARD committee meets to develop, review, and revise your child's IEP and to make placement decisions.

How long does Texas have to evaluate my child for special education?

Texas must complete the initial evaluation within 45 school days of receiving your written consent. This is stricter than the federal 60-calendar-day timeline.

Can I disagree with the ARD committee decisions?

Yes. You can indicate disagreement in writing at the ARD meeting. Texas offers mediation, a special education complaint process through TEA, and due process hearings as formal dispute options.

What is the Texas Education Agency's role in special education?

The Texas Education Agency (TEA) oversees special education compliance across the state. You can file a formal complaint with TEA if you believe the school has violated your child's rights.