Keep Tabs on TEA: Timeline of Illegal Limit on Texas Special Ed

Disability Rights Texas Handout

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Keep Tabs on TEA: Timeline of Illegal Limit on Texas Special Ed

This timeline reflects the history of the Texas Education Agency’s illegal 8.5 percent cap on special education enrollment and the correction action plan to make it right.


Disability Rights Texas (DRTx) notices steady annual downward trend in number of children receiving special education services in Texas.


Disability Rights Texas discovers TEA performance requirement: school districts must maintain 8.5 percent or less enrollment in special education.


DRTx attempts to eliminate the illegal 8.5 percent cap:




The TEA Corrective Action Plan

Disability Rights Texas and other concerned organizations will continue to closely monitor special education enrollment numbers and hold TEA accountable to implementing corrective action. Visit the Special Education section of the TEA website to review the detailed plan and get progress updates.

  1. Evaluations and Services: Schools must give all students with disabilities evaluations and special education.
  2. Guidance and Training: TEA must send schools guidelines and train educators on special education.
  3. Information and Resources: TEA must prepare clear and helpful explanations of special education.
  4. Monitoring and Enforcement: TEA must check that schools are providing special education.


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Disclaimer: Disability Rights Texas strives to update its materials on an annual basis, and this handout is based upon the law at the time it was written. The law changes frequently and is subject to various interpretations by different courts. Future changes in the law may make some information in this handout inaccurate.

The handout is not intended to and does not replace an attorney’s advice or assistance based on your particular situation.