FORT BEND COUNTY – A Houston-area mother says the Fort Bend Independent School District’s failure to follow federally mandated protocols for children with disabilities resulted in her daughter’s sexual assault.
The woman has filed a lawsuit against Fort Bend ISD alleging her daughter was sexually assaulted by a fellow student on two separate occasions, even though the girl has an Individualized Education Program (IEP) that requires she be supervised any time she leaves the classroom.
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Most IEP protections are based on three federal laws designed to help prepare children with special needs for “further education, employment and independent living.” The broadest of those laws is The Individual with Disabilities Education Act (IDEA). IDEA is binding in all states, although each state uses different criteria to determine the programs and guidelines that will govern programs for students who qualify for special education.
In Texas, an IEP “is a written document created by the Admission, Review, and Dismissal (ARD) committee for every public-school child aged 3-21 receiving special education,” according to the Texas Education Agency.
State IEP laws can go beyond federal requirements, but all IEP laws must meet four criteria:
- Children with disabilities are entitled to a public education appropriate to their needs, at no cost to their families
- If possible, children with disabilities must be educated with students who do not have disabilities and should attend the school that is closest to home
- Children with disabilities must be provided with support services that assist them in benefiting educationally from their instructional program
- An assessment must be completed to determine the child’s specific needs
Court documents in the lawsuit against Fort Bend ISD say the boy who’s accused of sexually assaulting the woman’s daughter also had an IEP requiring him to be supervised at all times because he has a “history of committing acts of violence against other students.”
KPRC 2 Investigates is not identifying the woman who filed the lawsuit because it would reveal her daughter’s identity.