Legal Opinion

Texas Advocates Supporting Kids with Disabilities v. Texas Education Agency

Court of Appeals of Texas

Decided July 11, 2003No. 03-02-00670-CVPublishedCited by 12 opinions

1Opinion of the Court

OPINION

BEA ANN SMITH, Justice.

Texas must comply with certain requirements to receive funding under the Federal Individuals with Disabilities Education Act (the Federal Act). One of these requirements is that the Texas Education Agency (TEA) allow parents of children with disabilities to contest in an administrative hearing the yearly individualized education plans developed by the school district. The Federal Act also gives parents the right to judicial review of TEA’s decision in state or federal court. In this appeal we must decide whether TEA has the authority to promulgate two limitations…

2Cases cited15 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. FM Properties Operating Co. v. City of AustinTexas Supreme Court · 2000
  3. Natividad v. Alexsis, Inc.Texas Supreme Court · 1994
  4. Bradley v. State Ex Rel. WhiteTexas Supreme Court · 1999
  5. Brown v. Humble Oil & Refining Co.Texas Supreme Court · 1935

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3Cited by12 opinions

  1. Marc v. Ex Rel. Eugene v. v. North East Independent School DistrictDistrict Court, W.D. Texas · 2006
  2. Texas Commission on Environmental Quality v. KelsoeCourt of Appeals of Texas · 2009
  3. Klein Independent School District v. HovemDistrict Court, S.D. Texas · 2010
  4. COM'N ON ENVIRONMENTAL QUALITY v. Kelsoe, Texas Court of Appeals, 3rd District (Austin)2009
  5. Cities of Dickinson, Friendswood, La Marque, League City, Lewisville and Texas City v. Public Utility Commission of Texas and Texas-New Mexico Power Company, Texas Court of Appeals, 3rd District (Austin)2009

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