Department of Education opens disability discrimination investigation into HISD, officials say

HOUSTON, Texas (KTRK) -- Just days after the Houston Independent School District confirmed some special education students will move campuses next school year, the Department of Education announced it opened a disability discrimination investigation into Texas' largest school district.

Eyewitness News has reported on the upcoming changes to HISD's special education program for weeks after we obtained draft documents of the major overhaul.

On Wednesday, the district released a video confirming the changes.

On Friday, the Department of Education's Office for Civil Rights announced it opened an investigation into the district to determine whether the upcoming changes violate Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act. The laws prohibit recipients of federal funding from discriminating on the basis of disability.

A release by the Department of Education said that HISD is allegedly centralizing certain special education services and proposing to separate students with disabilities from the larger student population beginning in the next school year.

The release continues to say that HISD is making the change despite parental concerns that their children should be in general education classrooms, where their social skills improve more significantly around their peers. ABC13 has previously reported on parents' concerns for their students who need special education.

"Schools cannot exclude students with disabilities simply because of their disability status," Assistant Secretary for Civil Rights Kimberly Richey said. "Placement decisions must be made individually, based on each student's needs, rather than by blanket policies that segregate students by disability category."

HISD shared a statement to Eyewitness News regarding the investigation that read in part:

Any review will show that all special education updates for the 2026-27 school year focus on increasing access to services in the least restrictive environment, strengthening systems to improve the quality of instruction, and improving student outcomes.

HISD serves over 21,000 students receiving special education services. Over 15,000 students are served in inclusive settings, and there are no changes to their current campus or services. For the about 5,000 students primarily served in self-contained settings, families can expect small class sizes, low adult-to-student ratios to support specialized instruction, and placement with similar-age peers.

These programs will be available on more than half of HISD campuses to improve access for families, and transportation will continue to be provided for any student whose IEP requires it.