The Texas Education Agency has weighed in on the Houston ISD’s plan to “consolidate” where special education students can go to school in the district and found that in two areas it is in violation of federal law.
According to the TEA, in response to an individual complaint, a student is entitled to attend the closest school to their home and “the district cannot unilaterally change where the student will be placed during the 2026-27 school year.” The only exception to this would be if the student’s Individualized Education Program would call for the student to be moved.
The district was also in the wrong when it went back and changed the student’s IEP to match the school the district wanted to transfer the student to, the TEA document states.
As a result, the TEA found “that the student cannot be moved to the new campus until the IEP team has met and remedied these errors.”
The U.S. Department of Education has already launched an investigation into HISD’s special ed plans. And in a previous statement noted “parental concerns that their children should be in general education classrooms where their social skills improve more significantly around their peers.”
Despite all this, the state-appointed Board of Managers voted unanimously on May 14 to adopt the new plan for “Special Education Specialty Schools.”
Parent Meredith Yaker said in response to Friday’s news: “Noncompliance is all but assured due to staffing changes already made and summer campus closures.”
Criticism of the special ed proposal was quick and intense in May when news of the change was leaked to the community. Parents complained that this was segregation and unlawful.
Other sticking points: Superintendent Mike Miles’ administration proposed it after the school choice deadline had passed. There was no guarantee that siblings would be allowed to go along if a special ed student was moved to a new school.
And it did not pass notice that this was done in the summer when school is out and many families go away on summer vacation.
Update: 1:30 p.m.: The HISD press room got back to us with this statement:
“The review and correction of IEPs has been a key component of the intervention exit criteria. HISD has been, and will continue, reviewing IEPs and the provision of services to ensure compliance. This work will continue until every IEP fully complies with all applicable state and federal laws.”
At its board meetings, HISD had said this was being done in cases where there were very few students at a school receiving its special education services. And that by doing so, special education students would be receiving better services.
