Tex. Codes » Education Code · TITLE 2. PUBLIC EDUCATION · SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES · CHAPTER 29. EDUCATIONAL PROGRAMS
Texas Codes

Tex. Educ. Code § 29.003 (2026)

Eligibility Criteria

✓ laws through the 89th Legislature (2025)
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Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall develop specific eligibility criteria based on the general classifications established by this section and in accordance with federal law. Eligible students with disabilities shall enjoy the right to a free appropriate public education, which may include instruction in the general education classroom, instruction through special teaching, or instruction through contracts approved under this subchapter. Instruction shall be supplemented by the provision of related services when appropriate.

(b) A student is eligible to participate in a school district's special education program:

(1) from birth through 21 years of age if the student has a visual impairment, is deaf or hard of hearing, or is deaf-blind and that disability prevents the student from being adequately or safely educated in public school without the provision of special education services;

(2) from three years of age through nine years of age if the student is experiencing developmental delays as described by 20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or

(3) from 3 years of age through 21 years of age if the student has one or more of the disabilities described by 20 U.S.C. Section 1401(3)(A) and that disability prevents the student from being adequately or safely educated in public school without the provision of special education services.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 2, eff. September 1, 2019.

Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 4.07, eff. June 20, 2025.

Acts 2025, 89th Leg., R.S., Ch. 1137 (S.B. 568), Sec. 7, eff. June 20, 2025.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2010–2023 · leading case: in the Guardianship of A.E., an Incapacitated Person, 552 S.W.3d 873 (Tex. App.—Fort Worth 2018).
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in the Guardianship of A.E., an Incapacitated Person, 552 S.W.3d 873 (Tex. App.—Fort Worth 2018). “Tex. Educ. Code Ann. § 29.003 (West 2012).”
Klein Indep. Sch. Dist. v. Hovem, 745 F. Supp. 2d 700 (S.D. Tex. 2010). “” Tex. Educ.Code § 29.003(a). Similarly the IDEA and its implementing regulations require provision of related services “as may be required” to assist the child to benefit from his education.”
Responsive Educ. Solutions v. Susan Kirschner, 629 S.W.3d 581 (Tex. App.—Fort Worth 2021). “§ 1401 (3)(A); see Tex. Educ. Code Ann. § 29.003 (b)(2) (listing disabilities—including autism—that prevent students between ages 3 and 21 from being adequately or safely educated in public school without the provision of special services); see also 19 Tex.”
Texas Tech Univ. Health Sciences Ctr. - El Paso v. Dr. Lindsey Niehay, 671 S.W.3d 929 (Tex. 2023). “Similarly, the Education Code defines “children with disabilities,” in reference to those who are eligible to participate in a school district’s special-education program, to include those with a “visual or auditory impairment.”
Tex. Educ. Code § 29.003(a): 1 case
Klein Indep. Sch. Dist. v. Hovem, 745 F. Supp. 2d 700 (S.D. Tex. 2010). “” Tex. Educ.Code § 29.003(a). Similarly the IDEA and its implementing regulations require provision of related services “as may be required” to assist the child to benefit from his education.”
Tex. Educ. Code § 29.003(b): 1 case
Texas Tech Univ. Health Sciences Ctr. - El Paso v. Dr. Lindsey Niehay, 671 S.W.3d 929 (Tex. 2023). “Similarly, the Education Code defines “children with disabilities,” in reference to those who are eligible to participate in a school district’s special-education program, to include those with a “visual or auditory impairment.”
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