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Texas’ Inclusive Education

May 31

3 min read

Texas has recently made notable strides toward supporting students with learning differences through statutory reform, particularly around dyslexia. Still, entrenched funding challenges, regional disparities, and workforce shortages hinder equitable access to inclusive education statewide. This article examines Texas’s legal framework, specialist support, early intervention mandates, and the current public–private education landscape—highlighting opportunities for continued advancement.


Legal Framework: State Statutes Anchoring Federal Mandates

Individuals with Disabilities Education Act (IDEA): Texas implements IDEA, guaranteeing a Free Appropriate Public Education (FAPE) and the development of Individualized Education Programs (IEPs) to address students’ unique needs. The Texas Education Agency (TEA) oversees compliance and ensures students with disabilities receive appropriate services.


Texas Education Code, Chapter 29 – Eligibility Criteria. State law mandates that eligible students with disabilities are entitled to a FAPE, which may involve education in regular classrooms, specially designed instruction, or contracted services.


Texas Commissioner’s Rules, Chapter 89, Subchapter AA. These rules outline permissible instructional settings—from mainstream inclusion to resource rooms, self-contained classrooms, hospital-based instruction, and homebound services—based on each student's needs as determined by the Admission, Review, and Dismissal (ARD) committee.


Dyslexia: A Turning Point in Texas Law

Statutory Redefinition and Inclusion Under IDEA. In 2023, the Texas Legislature officially defined dyslexia as a learning disability, ensuring students with dyslexia are covered by IDEA and eligible for full special education services and IEPs.


Screening Mandates and the Dyslexia Handbook. Texas Education Code § 38.003 requires districts to screen all kindergarten and first-grade students for dyslexia using state-approved programs. Schools must implement evidence-based, multisensory interventions as outlined in the state’s Dyslexia Handbook and cannot delay evaluations by relying solely on tiered supports. https://tea.texas.gov/academics/special-student-populations/special-education/texas-dyslexia-handbook.pdf


Identification and Intervention: From Child Find to ARD

Child Find Obligations. Under federal and state standards, districts must identify, locate, and evaluate all students with disabilities—including those in private schools, residential facilities, or experiencing homelessness—to determine eligibility for special education and related services.


ARD Committee Process and Least Restrictive Environment (LRE). Once a disability is identified, an ARD committee—composed of parents, educators, and specialists—develops an IEP, ensuring placement in the least restrictive environment that meets the student’s needs.


System Strengths and Ongoing Shortages

Growing Dyslexia Identification. The move to IDEA-aligned dyslexia services has dramatically increased the number of identified students. Many districts have responded by hiring and training dyslexia specialists and structured literacy providers.


Workforce Challenges. Despite the increase in demand, districts face shortages of licensed specialists such as dyslexia-certified educators and school psychologists. Recruiting and retaining qualified personnel remains an ongoing challenge.


Financial Constraints: The “Disability Penalty”

Funding Penalties. A longstanding policy known as the “disability penalty” deducts general education funding for time spent in special services. This has led to significant underfunding of special education statewide.


Implementation Strains. The Beckley Wilson Act, mandating IDEA-level services for dyslexia, has created logistical and financial burdens for many school systems, even as it represents a legal victory for families.


Community Supports and Public–Private Partnerships

While Texas has fewer statewide advocacy networks than some states, local momentum is growing:


Legal and Advocacy Resources. Organizations such as Disability Rights Texas offer guidance on IDEA rights and evaluation processes.


Private and Charter Models. Specialized schools, including charter programs for students with dyslexia, provide structured, research-based instruction that can serve as models for public systems.


Challenges and Opportunities for Growth

Equity in Funding. Reforming the disability penalty is critical to ensuring fair distribution of resources to districts serving high numbers of students with disabilities.


Specialist Pipeline Expansion. Investment in training programs, certification incentives, and retention strategies for dyslexia professionals and special educators is essential.


Consistent Policy Implementation. Statewide oversight is necessary to ensure uniform screening procedures, IEP quality, and service delivery across urban, rural, and underserved districts.


Conclusion: Toward Inclusive Excellence

Texas is entering a transformational phase in inclusive education. New laws elevate dyslexia to a disability under IDEA, and statutory structures empower early identification and rightful services. Yet, funding mechanisms, workforce shortages, and uneven implementation remain obstacles. With coordinated advocacy, policy reform, and targeted investments, Texas can ensure that all students—regardless of ability or location—receive the education they deserve.

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