Special Education Rules and Regulations
This page contains information about special education rules and regulations.
Special Education Rules and Regulations Side by Side
The purpose of the side by side rules is to help educators, parents, and other stakeholders to better understand the federal regulations, including the Individuals with Disabilities Education Act (IDEA), the Texas Education Code (TEC), and the Texas Administrative Code (TAC), which is the Commissioner's and State Board of Education (SBOE) Rules. For more information and a side-by-side view of these rules and regulations please visit Special Education Rules and Regulations (side-by-side).
Federal Regulations - IDEA 2004
IDEA is the collection of federal regulations for special education that ensures a free and appropriate public education (FAPE) for students with disabilities that attend public schools. IDEA requires that each public school provide services to eligible special education students in the least restrictive environment (LRE) and in accordance with each student’s individualized education program (IEP). For more information regarding IDEA, please visit:
State Rules Not Required by IDEA or Federal Regulations
As part of their annual state application to receive funding, states must identify any rules, regulations, or policies that are state-imposed, and not required by IDEA or federal regulations. States must also inform local educational agencies (LEAs) in writing of such state-imposed rules, regulations, or policies (20 U.S.C. 1407(a)). For a list of state rules not required by IDEA or federal regulations, please visit State Rules (Not required by IDEA or federal Regulations).
Commissioner's Rules
In Texas, special education rules are established by the SBOE and the Commissioner. SBOE and Commissioner’s Rules are a collaboration of state agency rules compiled and published as the TAC. Special-education-related Commissioner's Rules are found in the TAC, Title 19, Chapter 89. To view the Commissioner Rules currently in effect and guidance related to those rules, please visit Commissioner's Rules, currently in effect.
Additional sections of Commissioner Rules related to Special Education include:
- §75.1023. Provisions for Individuals who are Members of Special Populations
- §89.1230. Eligible Students with Disabilities
- §101.1005. Limited English Proficient Students at the Exit Level
- §101.1009. Limited English Proficient Students Who Receive Special Education Services
State Board of Education Rules
See TAC, Title 19, Part II, Chapter 89. Title 19 Part II for special-education-related SBOE rules.
Additional sections of SBOE Rules related to special education include:
- §101.1. Scope of Rules
- §101.5. Student Testing Requirements
Texas State Law
The TEC includes laws and rules passed by the state legislature. These laws and rules apply to most LEAs that are supported in whole or in part by state tax funds. To view TEC legislation online, you may visit the Texas Constitution and Statutes.