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KIDS WITH DISABILITIES v. TEX. EDUC. AGENCY

No. 03-02-00670-CV.

112 S.W.3d 234 (2003)

TEXAS ADVOCATES SUPPORTING KIDS WITH DISABILITIES/Texas Education Agency and Felipe Alanis, Commissioner of Education, Appellants, v. TEXAS EDUCATION AGENCY and Felipe Alanis, Commissioner of Education/Texas Advocates Supporting Kids with Disabilities, Appellees.

Court of Appeals of Texas, Austin.

July 11, 2003.

Attorney(s) appearing for the Case

Richard LaVallo, Lucy D. Wood, Advocacy, Incorporated, Austin, for Appellants.

Frank J. Knapp, Jr., Assistant Attorney General, Austin, for Appellees.

Before Chief Justice LAW, Justices B.A. SMITH and PURYEAR.

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...

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