The Texas IEP Process: Step-by-Step From FIIE to ARD to Annual Review

If you have been reading national IEP process guides and finding that they do not match what is happening in your Texas school, the disconnect is real. Texas implements IDEA through its own rules in TAC Chapter 89, and the terminology, timelines, and committee structure differ enough from the national framework that parents navigating them for the first time often feel like they are in a different system entirely.

Here is how the Texas IEP process actually works.

Step 1: Referral — Written Beats Verbal Every Time

The Texas IEP process begins with a referral for a special education evaluation. This can come from a teacher, a school-based team, or a parent. The most effective referral is a written request from the parent, addressed to both the principal and the special education director.

Your written referral should include:

• Your child's name and grade
• The specific areas of concern (academic, behavioral, communication, etc.)
• A formal request for a Full Individual and Initial Evaluation (FIIE) under IDEA and TAC Chapter 89
• A citation of the district's Child Find obligation under TAC §89.1001

Child Find is the legal requirement that Texas school districts identify, locate, and evaluate all children who may have disabilities and need special education services — regardless of whether they have been referred by a teacher or whether the parent has formally requested it. If you believe your district is not fulfilling its Child Find obligation, a written referral puts them on notice.

Send the referral by email or certified mail and keep a copy. The date you send it matters because it starts the clock.

Step 2: Notice and Consent to Evaluate

Within a reasonable timeframe after receiving the referral, the district must:

1. Provide you a written Prior Written Notice (PWN) explaining what it proposes to evaluate and why
2. Send you consent paperwork

Once you provide written signed consent to evaluate, the 45-calendar-day clock begins. Under TAC §89.1011 and §89.1011, the district has 45 calendar days to complete the FIIE and conduct the initial ARD meeting — with narrow exceptions for holiday periods where school is not in session.

Track this date. Write it on your calendar. The 45-day window is one of the most commonly violated timelines in Texas special education.

Step 3: The FIIE — What It Must Cover

The Full Individual and Initial Evaluation (FIIE) is Texas's term for the comprehensive evaluation conducted to determine whether your child is eligible for special education services. Under TAC §89.1040, the FIIE must:

• Assess all areas related to the suspected disability
• Use a variety of assessment tools — no single test can be the sole basis for eligibility
• Be conducted by qualified personnel (LSSP, Educational Diagnostician, SLP, or other licensed professionals)
• Be conducted in the child's native language or mode of communication

Typical FIIE components include cognitive testing, academic achievement testing, behavioral rating scales, and direct observation. For suspected autism, the FIIE should also include adaptive behavior scales and autism-specific diagnostic instruments. For suspected SLD/dyslexia (particularly since HB 3928), the FIIE must include phonological processing and reading achievement measures.

You have the right to provide input to the evaluators and to review the FIIE report before the ARD meeting.

Step 4: The ARD Meeting — Eligibility Determination

Within the 45-day window, the district must hold an ARD (Admission, Review, and Dismissal) committee meeting to review the FIIE results and determine eligibility. The ARD is the Texas equivalent of what IDEA calls the "IEP Team."

Required ARD members under TAC §89.1050 include:

• A general education teacher
• A special education teacher
• An LEA representative (an administrator or district designee)
• A person qualified to interpret evaluation results
• The parents
• The student (beginning at age 14 in Texas for transition planning)
• Any additional relevant professionals (SLP, OT, behavioral specialist) as needed

At the eligibility ARD, the committee reviews the FIIE and determines:

1. Does the child have a disability under one of Texas's 13 categories (TAC §89.1040)?
2. Does the disability adversely affect educational performance?
3. Does the child need specially designed instruction?

All three must be true for IEP eligibility.

Step 5: IEP Development

If the child is found eligible, the ARD develops the IEP. This often happens in the same meeting as the eligibility determination, but you can request a separate meeting if you need time to review the FIIE and prepare.

A compliant Texas IEP under TAC §89.1055 must include:

PLAAFP (Present Levels of Academic Achievement and Functional Performance): Specific, data-based description of the child's current functioning, tied directly to the FIIE results.

Measurable Annual Goals: Skill targets the child should reach within one year, with identified criteria, measurement methods, and timelines.

Special Education and Related Services: Every service listed with frequency, duration, location, and provider.

LRE statement: Justification for the amount of time the child spends outside general education.

Supplementary aids and services: Accommodations and supports in general education settings.

STAAR accommodations: Testing accommodations for Texas's state assessment.

Transition planning: Required from age 14 in Texas (earlier than IDEA's federal minimum of 16).

Do not feel rushed to sign the IEP on the day it is presented. Review every section. If something is vague, inaccurate, or missing, request revisions before signing. Signing indicates agreement — disagreement must be documented separately.

Step 6: The 10-Day Recess

If you attend an ARD meeting and are not comfortable with what is being proposed — whether at the eligibility or IEP development stage — you can invoke the 10-school-day recess under TAC §89.1050. This pauses the meeting and requires reconvening within 10 school days. The district cannot implement proposed IEP changes during the recess.

This right is underused. If the district is proposing a restrictive placement, significant service changes, or anything you need time to evaluate, the recess is the right tool.

Step 7: IEP Implementation

Once the IEP is developed and signed (or finalized with documented disagreement), services must begin without unnecessary delay. Track implementation by:

• Keeping the IEP document and reviewing it against teacher reports
• Monitoring whether service minutes are being delivered as written
• Requesting quarterly progress reports (Texas requires at least quarterly updates)
• Communicating in writing with teachers and the special education director about any implementation gaps

If services are not being delivered as written, document the problem in writing to the special education director. Unimplemented IEP services are grounds for a TEA state complaint.

Step 8: Annual Review

Every IEP must be reviewed at least once per year. The annual ARD reviews progress on goals, updates the PLAAFP with new data, revises services as needed, and sets new goals.

You can request an ARD meeting at any time outside the annual cycle — not just at the annual review — if your child's needs have changed, you have obtained new private evaluation data, or you believe the IEP is not being implemented.

Step 9: Three-Year Reevaluation

Every three years, the district must conduct a comprehensive reevaluation to determine whether the child still qualifies for special education and whether the current IEP reflects current needs. You can request a reevaluation sooner if circumstances change significantly — a new diagnosis, significant academic regression, or a change in placement.

When the Process Breaks Down

Texas gives parents four formal dispute resolution mechanisms:

1. TEA State Complaint — Free, 60-day investigation, can result in corrective action orders
2. Mediation — Voluntary, free, TEA-contracted neutral mediator
3. Due Process Hearing — Formal adversarial hearing with independent hearing officer
4. Resolution Session — Required pre-hearing meeting within 15 days of a due process filing

For most procedural violations (missed timelines, incomplete evaluations, services not delivered), a TEA state complaint is the fastest and least expensive starting point.

The Texas IEP & 504 Blueprint covers every step of this process with Texas-specific letter templates, ARD preparation checklists, and a walkthrough of each dispute resolution option — so you know what to do at every stage.

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