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Texas special education IEP compliance and timelines

Governing regulations: Tex. Educ. Code Chapter 29, Subchapter A; 19 Tex. Admin. Code Chapter 89, Subchapter AA. State education agency: Texas Education Agency.

Initial evaluation
The full and individual initial evaluation report must be completed within 45 school days of receipt of written consent, extended by the number of school days the student is absent once the student has three or more absences in that period. If consent arrives at least 35 but fewer than 45 school days before the last instructional day, the report is due by June 30.
Initial IEP meeting
The admission, review and dismissal (ARD) committee must make eligibility, IEP and placement decisions within 30 calendar days of the date the written evaluation report is completed. If the 30th day falls in summer, the committee has until the first day of classes unless the evaluation shows a need for extended school year services. (19 TAC § 89.1011)
Annual review
At least once a year by the ARD committee (34 CFR § 300.324(b)(1)).
Reevaluation
At least every 3 years, and not more than once a year unless the parent and district agree (34 CFR § 300.303).
Transition planning
Must be in effect by age 14, earlier than the federal age of 16.
Academic standards
Texas Essential Knowledge and Skills (TEKS)
IEP forms & systems
No single statewide IEP system. TEA publishes a model IEP form and guidance, and districts use vendor platforms to document ARD committee decisions.

Where Texas differs from the federal baseline

  • The initial evaluation clock is 45 school days from consent, extended for student absences, rather than the federal 60 calendar days (Tex. Educ. Code § 29.004).
  • Eligibility, the IEP and placement are decided by the ARD committee, Texas's name for the IEP team.
  • Transition planning must begin no later than when the student turns 14 (Tex. Educ. Code § 29.011; 19 TAC § 89.1055).
  • When consent arrives late in the school year, the report is due June 30 and the ARD committee must meet by the 15th school day of the next school year (19 TAC § 89.1011).
  • A district has 15 school days after a referral to give the parent prior written notice and, if it proposes to evaluate, an opportunity to consent (Tex. Educ. Code § 29.004).

Current monitoring priorities

  • Child find and timely initial evaluations (Indicator 11)
  • Cyclical and targeted special education program reviews under TEA's Results Driven Accountability framework
  • Secondary transition IEP content beginning at age 14 (Indicator 13)
Texas Education Agency

TX IEP compliance checklist

  1. 01Signed consent date recorded; evaluation due within 45 school days.
  2. 02Eligibility determined and initial IEP meeting scheduled: The admission, review and dismissal (ARD) committee must make eligibility, IEP and placement decisions within 30 calendar days of the date the written evaluation report is completed. If the 30th day falls in summer, the committee has until the first day of classes unless the evaluation shows a need for extended school year services.
  3. 03PLAAFP includes measurable baselines and a statement of how the disability affects involvement in the general curriculum (34 CFR § 300.320(a)(1)).
  4. 04Each annual goal is measurable, with condition, behavior, criterion and measurement method (§ 300.320(a)(2)).
  5. 05Progress reporting schedule stated for each goal (§ 300.320(a)(3)).
  6. 06Transition goals and services in effect by age 14 where applicable.
  7. 07Prior Written Notice issued for every proposal or refusal, with all seven § 300.503(b) elements.
  8. 08Annual review scheduled within 365 days; reevaluation within 3 years.
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