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Protecting your child's right to special education
As a parent, you only want what's best for your kids. But it can be overwhelming when your child has special needs. In addition to the daily challenges at home, you must ensure that they receive the best education possible.
Federal law gives children with disabilities the right to receive a free and appropriate public education in Texas – one that's individually designed to meet their disability. However, schools often don’t interpret the law correctly or, in many cases, fail to observe those rights.
What is special education?
In 2004, Congress passed the Individuals with Disabilities Act (IDEA), which broadly defines special education as “specially designed instruction” meeting the unique needs of children with disabilities. The law directs schools to create individualized plans for children with specific disabilities. To be eligible, your child must:
- Have one of the 13 IDEA-listed disabilities
- Need specially designed education to make progress in their education
How can my child thrive with ‘inclusive’ special education?
Each Dec. 2, we celebrate National Special Education Day, commemorating the anniversary of the nation's first law protecting the rights of children with special needs. President Gerald Ford signed the law in 1975.
The Individuals with Disabilities Education Act (IDEA) guarantees every child an appropriate public education. The law requires school districts to provide services and instruction for children with disabilities and other eligible conditions.
Four benefits of an inclusive education
If your child is eligible for special education, you may worry that they are kept apart from other kids their age. But most spend the majority of their time in general education classrooms in Texas. This inclusive learning environment has many benefits, including:
- Tailored learning: General education and special education teachers work together to design instruction and strategies for all students. This can include breaking classrooms into smaller groups, adding visual aids and interactive whiteboards, giving all kids hands-on experience.
The ARD committee and its crucial role in your child's special education
If you have a child with special needs, you likely worry about them receiving an appropriate education. State and federal laws help ensure that they receive instruction tailored to their specific needs.
Once your child qualifies for special education, the first step is the Admission, Review and Dismissal (ARD) process, where a committee designs a plan for how the school district will meet your child's educational requirements.
What does the committee do?
ARD committee meetings must occur at least once a year but can happen more frequently if warranted. The purpose is to design or evaluate an individualized education program (IEP), which defines the instruction your child will receive, how the school must provide those services and how to measure progress. As a parent, you are a vital part of this proceeding.
You and the committee must agree on where and when to meet. Under the law, the school must provide written notice of the meeting's purpose, the time and place, who will be there and acknowledge that you can invite others with special expertise or connections to your child for support and input.
4 myths about special education in Texas
If your child has special needs due to a disability and qualifies for special education, you may worry that it places a label on them that will be hard to overcome. The federal Individuals with Disabilities Education Act (IDEA) and Texas laws rule that children with disabilities are eligible for a free, appropriate public education.
This education often means school-provision of special education and related services designed to meet your child's unique needs and help them prepare for additional education, employment and independent living. As a parent, you are an integral part of designing and measuring your child's educational progress.
Overcoming special education myths
Many Texas parents worry that unfair and untrue notions about special education may adversely impact their children. Here are four common myths about special education and the facts:
Do I need an attorney to adopt a child in Texas?
Texas does not require you to hire a private attorney when adopting a child. However, consulting with a lawyer who regularly deals with adoptions can help make the complicated process smoother.
Experienced adoption lawyers understand the challenges and can guide you through the application process, court proceedings and protect your rights and interests every step of the way.
Requirements for adoptive parents
In the Lone Star State, you can pursue a private adoption or choose to adopt through the Texas foster care system. While the journey is different for each route, the requirements for adoptive parents are the same. You must:
- Be 21 or older, financially stable and a responsible, mature adult
- Provide background and lifestyle information
- Have references from family and non-family members
- Agree to a home study, which includes visits with every member of your household
Can I adopt a Native American child in Texas?
A Texas couple, who are not Native American, attempted to adopt a part-Cherokee and part-Navajo boy but were stopped by the Navajo Nation. After a years-long legal battle, the Navajo tribe withdrew its objection, and the couple was able to adopt the boy.
Native American tribes have the right to object to non-Native parents fostering and adopting Native American children. This is because of the Indian Child Welfare Act (ICWA) that became federal law in 1978.
What is the Indian Child Welfare Act?
The ICWA laws were passed over 40 years ago as a reaction to decades of separations involving Native families during the 19th and 20th centuries. For decades, children were often forcibly removed from their homes and sent to boarding schools run by white missionaries.
Those federal laws have been challenged in courts around the country. Now, the U.S. Supreme Court may weigh in on the constitutionality of the 1978 Act in Haaland v. Brackeen. Parties for and against the law, including the state of Texas, petitioned the nation's highest court to hear the case.
What types of adoptions are available in Texas?
November is National Adoption Month, which raises awareness of the urgent need for adoptive families for children in the foster care system. If you are considering adoption, you have several options to choose from in the Lone Star State.
During the 2020-2021 fiscal year, which ended Oct. 31, nearly 4,600 adoptions occurred while about 3,000 other children await their “forever homes,” according to the Texas Department of Family and Protective Services.
Options for adoptive parents
As long as you are a responsible adult (age 21 or older) and meet some basic requirements, you are eligible to adopt a child in Texas. Here are some ways to become an adoptive parent:
- Private: Also known as an “independent adoption,” this method establishes direct placement between the adoptive parent or parents and the birth mother.
- International: “Intercountry” adoptions are largely complex immigration cases. While they may take longer and cost more, they remain a popular and rewarding option for starting or growing your family.
Texas adopts 3-day weekend rule for co-parents
New legislation went into effect on Sept. 1, 2021, affecting Texas parents with 50/50 or shared custody orders. The new law expands the beginning and ending times for weekend stays with the child's noncustodial parent.
The reason for the law is to provide children more time with their noncustodial parent (called the “possessory conservator” in the new law). With these new beginning and end times, the possessory conservator is able to have about 46% of the total time with their child.
Here's how it works
The new law allows for an Expanded Standard Possession Order (ESPO). If you are the noncustodial parent, this order will extend your child's time with you. Instead of picking your kids up from school on Friday, you will get them after school on Thursday until Monday morning when you drop them off at school.
This change is not retroactive. This means it won’t apply to you if you already have an order in place. Instead, it applies to custody disputes that are pending as of Sept. 1, 2021 or were filed after that date. The new law automatically applies to custody orders created after that date if certain criteria are met.
Is divorce planning easier when you don’t have kids?
“Just be glad you don’t have children.” Statements like that often come from well-meaning friends or family members trying to console others who choose to end their marriage.
While divorces not involving co-parenting issues may be less complicated for some Texas spouses, the experience is just as painful and one that requires diligence in protecting your future.
Divorcing later? Plan now!
The first days of fall have arrived, and the holidays are right around the corner, so you may have already decided to wait until next year to file for divorce. That may seem like a lot of time but use it wisely. Here are some things to consider:
- Gather financial information for you and your spouse. If you’re not sure what to look for or where to find it, talk to an experienced family law attorney.
- Stay organized by constructing a “divorce folder” digitally or on paper. You may also want to create a new email address for communicating with your lawyer.
Strategies for Coping with the Emotional Toll of Divorce
No matter how your divorce unfolded, there is no question that divorce can be one of the most challenging experiences a person can go through. Divorce can be a stressful and emotionally draining experience for multiple reasons. For one thing, divorce represents the breakup of a very powerful relationship, the type of relationship which many people expect to last a lifetime. In addition, the divorce process itself is complex and can require an enormous amount of time, energy and money. Given the heavy demands which divorce can impose, people should take the time to develop strategies to cope with the toll of divorce. People in any stage of the process can benefit from these tips – those at the beginning, middle, or finish line.
#1: Reach Out to Friends for Support
As your divorce comes to a close, it can be tempting to isolate yourself from others. Some people withdraw because this seems like a good temporary way to cope with the situation. The truth, though, is that you should try to reach out to your friends for emotional support during this time. Divorce represents the end of a relationship, and this is all the reason to reach out to friends and embrace the existing relationships you have. Your friends can be a tremendous source of comfort and support during this challenging time.
Finding The Right Attorney Matters. Contact Us Today.
A family lawyer does much more than simply provide legal answers. Our lawyers explore a variety of different solutions to help you achieve your goals and secure your family's financial and emotional future and stability.
To discuss your case or set up a consultation, call us at 972-562-9890 or use the online contact form.
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