Special Education SpotlightSpecial Education Expertise and Insight
Category: Operating Procedures
The Texas Education Agency has finalized its updates to the Commissioner’s Rules Concerning Special Education Services (19 TAC Chapter 89, Subchapter AA), and many of the new rules take effect Sunday, October 4, 2026. After months of tracking the proposed language, districts now have the final version and a short window to get ready to comply.
Ho, ho, ho! As we deck the halls and sip on eggnog, it’s time to unwrap a gift from the United States Department of Education (Department)—a new guidance document on Functional Behavioral Assessments (FBAs)!
Does your team write prior written notices that communicate clearly to parents and protect the district in case of a dispute? Or are the PWNs somewhat lacking? After a long (possibly contentious) ARD meeting, drafting a cogent and detailed PWN can feel overwhelming. But it’s definitely worth the time and effort. A strong PWN can help avoid misunderstandings and provide compelling evidence in the event of a TEA or due process complaint.
Texas Education Code 29.022 leaves little room for confusion regarding the requirements for placing video cameras in certain self-contained classrooms and other special education settings following a request by a parent, Board member, or District employee. The law is less clear, however, regarding the parameters for responding to requests to review recordings on these cameras. This uncertainty often leaves school districts, particularly school administrators, confused as to how to respond to these requests in accordance with the law. Fortunately, the special education team at Thompson & Horton LLP has broken down these requirements and provided step-by-step guidance for responding to these requests.
Imagine a world where special education teachers have an invaluable assistant—a tireless digital companion capable of drafting IEPs, offering tailored lesson plans, and even communicating with parents. This isn’t science fiction; it’s the reality we’re moving toward with the growing presence of artificial intelligence in special education. But the science, so far, is imperfect, and users must guard against potential pitfalls.
In the wake of the pandemic, House Bill 4545 left school districts scrambling to figure out how to address learning loss for all students, including students with disabilities, through accelerated instruction. School districts were cautiously optimistic that the most recent legislative session would ease many of the burdens of House Bill 4545. In June 2023, the Texas Legislature passed House Bill 1416—otherwise known as the House Bill 4545 ‘Clean-Up Bill—which introduces new changes to the accelerated education environment. While House Bill 1416 narrows some requirements for school districts, it broadens others.
