Special Education Law, Staff Safety, and Law Enforcement: Understanding IDEA § 300.535 in Katy ISD

Data points and their sources

Reporting is permitted

Federal regulations state that nothing in IDEA Part B prohibits reporting a crime committed by a child with a disability to appropriate authorities.eCFR: 34 C.F.R. § 300.535, Referral to and action by law enforcement and judicial authorities (opens in a new tab)

Records travel with the report

A school that reports a crime must ensure the student's special education and disciplinary records are transmitted to the authorities, to the extent FERPA permits.eCFR: 34 C.F.R. § 300.535, Referral to and action by law enforcement and judicial authorities (opens in a new tab)

Placement protections still apply

Disciplinary changes of placement remain subject to IDEA procedures, including manifestation determination review.eCFR: 34 C.F.R. § 300.530, Authority of school personnel (manifestation determination) (opens in a new tab)

District police are licensed peace officers

Katy ISD established its own police department in 1988. The department reports that all of its peace officers are licensed and certified by the Texas Commission on Law Enforcement.Katy ISD Police Department (opens in a new tab)

What changed or what the rule says

This article explains a long-standing federal rule, not a new district policy. Under 34 C.F.R. § 300.535(a), nothing in the IDEA Part B regulations prohibits a school from reporting a crime committed by a child with a disability, and nothing prevents law enforcement or courts from carrying out their duties under federal and state law. When a school does make a report, § 300.535(b) requires it to ensure that copies of the student's special education and disciplinary records are sent to the authorities receiving the report, to the extent the Family Educational Rights and Privacy Act (FERPA) permits. That gives officers and courts the context of the child's disability. The report does not replace the district's own obligations. A change in educational placement still goes through the Admission, Review, and Dismissal (ARD) committee and, where required, a Manifestation Determination Review (MDR).

Why this matters to Katy ISD

Paraprofessionals and instructional aides often work most closely with students who experience intense behavioral and sensory dysregulation. Their safety matters, and no employee should be discouraged or misinformed about their rights and reporting options after being injured on the job. Because Katy ISD operates its own police department, clear written protocols help campus officers, special education staff, and administrators work together rather than in separate silos. Sending special education records and Behavioral Intervention Plans (BIPs) correctly when police respond also protects student privacy and gives officers the context they need to de-escalate.

Where Katy ISD excels

Katy ISD's Department of Special Education offers a continuum of services, from support within general education to more specialized settings based on individual needs. Behavior support is built into that work through Functional Behavioral Assessments (FBAs) and Behavioral Intervention Plans written by ARD committees. The district's own police department employs officers licensed by the Texas Commission on Law Enforcement, which gives campuses a consistent, school-based law enforcement partner instead of several outside agencies.

What I would watch as a trustee

I would review administrative guidelines to make sure no campus discourages an aide or teacher from filing an injury report, a workers' compensation claim, or a report to district police after a serious physical incident. I would ask whether staff in high-intensity behavioral settings have the protective equipment they need, such as bite guards and arm guards, and whether they are trained in non-violent crisis intervention before they are placed in those classrooms. I would also want to know that an incident injuring staff prompts the ARD committee to revisit the student's behavior plan, staffing ratios, and supports, so repeated behavior is not left unaddressed. I would pursue these through the Board's collective authority over policy, budget, and superintendent oversight, without directing individual student decisions.

What this does not mean

A report to law enforcement does not mean a student is automatically charged with a crime. Authorities assess the report, and state law, juvenile justice standards, and age requirements govern whether anything proceeds. Contacting police does not waive a student's right to a free appropriate public education (FAPE) or let a school skip a required manifestation determination before changing a placement. Police are not meant to be classroom disciplinarians either. Serious emergencies and crimes are for law enforcement, while everyday dysregulation belongs to behavior plans and educational supports.