Protecting and Advocating for the Rights of Texans with Disabilities Since 1977
Students at their desks in a classroom, text says, "back to school"
August 2022 Newsletter:
Back to School Special Edition
New extended timeline for filing due process request
A district or parent may request a due process hearing when a parent and the district do not agree about the identification, evaluation, educational placement or services of a student with a disability or when the parties disagree on the provision of a Free Appropriate Public Education (FAPE) to the student.

Previously the deadline for requesting a special education due process hearing in Texas was one year. A new state law now extends it to two years beginning September 1, 2022, aligning the timeframe with federal law.

You can find more information on due process hearing requests on pages 77-82 of our IDEA Manual. (Please note that the manual has not yet been updated with changes from the last legislative session and does not yet include this new two-year deadline that goes into effect September 1.)
When going to school hurts
Xavier Hernandez, a Fort Worth student with autism, started his school day on March 1, 2021, at 8:10 am like most days. By lunch time he was pronounced dead after being physically restrained by school staff.

A few months later at the same school, a bystander says she saw fourth grader Toni Crenshaw thrown against a fence and then forced on her back and held down by six school staff, one who was sitting on her.

These and other recent incidents of violence against Texas children with disabilities have heightened concerns of parents and advocates. Texas Education Code Section 37.0023 lists aversive restraint practices that are prohibited, and yet many of these techniques are still being used. 

“We are calling on state leaders to quickly respond to the needs of students with disabilities who are being endangered,” said Disability Rights Texas (DRTx) Attorney Steven Aleman. DRTx and other concerned organizations are asking for Texas to immediately enact several measures to protect students.

To ensure your student has the appropriate behavioral plan in place, use our free Interactive Discipline Guide. And visit the Education Resource Page on our website to learn more about your child’s legal rights related to positive behavioral supports, school discipline, and other special education services.
Keeping schools accountable with cameras in the classroom
A Texas law passed in 2015 and amended in 2017 requires school districts and public charter schools to place video cameras in certain self-contained special education classrooms and settings upon request from a parent, staff member, principal, or school board.

This law is intended to protect students who, because of a disability, might not be able to report abuse or neglect by district employees or other students.

To ask for a camera, a parent must submit a written request. See our handout, How to Request a Camera in Your Child’s Classroom for more details. The handout also explains how to ask for video recording copies if you suspect your child has been abused or neglected in a monitored setting. 
images of past DRTx clients and the words Lone Star Champions of Access
Your recurring donation to DRTx helps create an inclusive society for children and adults with disabilities who deserve the same opportunities in life as everyone.
Get Help from DRTx
Texas residents experiencing disability discrimination or having problems getting disability services can apply for our legal services in two ways:
  1. Complete our online intake form anytime, or
  2. Call us Monday through Friday from 9:00 AM to 4:00 PM at:
  • Statewide Intake Line: 1.800.252.9108
  • Sign Language Video Intake Line: 1.866.362.2851
  • Purple Video Intake Line: 1.512.271.9391
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Disability Rights Texas is the federally designated legal protection and advocacy agency (P&A) for people with disabilities in Texas. Its mission is to help people with disabilities understand and exercise their rights under the law, ensuring their full and equal participation in society. Visit www.DRTx.org for more information.