Texas Education Code: Student Rights and Responsibilities

Student Rights and Responsibilities under the Texas Education Code cover Attendance, discipline, student health and safety, and protections against discrimination.

Special education and Section 504 plans are designed to ensure that students with disabilities have their rights protected and their educational needs met. These plans fit within the broader framework of student rights and responsibilities in the following ways:

Rights to Equal Access and Non-Discrimination:

Both special education services and Section 504 plans ensure that students with disabilities have equal access to education and are protected against discrimination under laws such as the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.

Schools must provide appropriate accommodations, modifications, and services to meet the unique needs of these students.

Individualized Education Programs (IEPs) and Section 504 Plans:

Students eligible for special education services receive an Individualized Education Program (IEP), which outlines specific educational goals, services, accommodations, and supports tailored to the student's needs.

Students eligible under Section 504 receive a 504 Plan, which provides accommodations and modifications to ensure they can access the general education curriculum.

Due Process and Procedural Safeguards:

Parents and students have the right to be involved in the development and review of IEPs and 504 Plans. They also have the right to due process, including the right to challenge decisions made by the school regarding their child's education.

Schools must provide notice to parents about their rights and the procedural safeguards available to them.

Discipline and Behavior Management:

Students with disabilities are entitled to appropriate behavioral interventions and supports. Schools must consider the student's disability when determining disciplinary actions.

For students with an IEP, the IEP team must conduct a Manifestation Determination Review (MDR) if the student faces a disciplinary change in placement, to determine if the behavior is related to the disability.

Health and Safety:

Schools must ensure the health and safety of students with disabilities, providing necessary health services, supports, and accommodations as part of their IEPs or 504 Plans.

This includes considerations for emergency planning and management of medical needs during school hours.

Attendance and Participation:

Students with disabilities have the right to participate in extracurricular activities and non-academic services to the same extent as their non-disabled peers, with necessary accommodations and supports.

Schools must ensure that attendance policies are flexible enough to accommodate the unique needs of students with disabilities, including those related to medical appointments and therapies.