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CYPRESS, Texas â Jessica Galvan still remembers the moment she got the call.
It was the last day of schoolâMay 29âwhen someone from Cy-Fair ISD told her that her 11-year-old son Liam would no longer have a one-on-one nurse at school. The decision shocked her.
âHe was born without a lower jaw. He breathes through a trach. Heâs deaf, heâs non-verbalâand he needs someone by his side at all times,â Galvan told KPRC 2 inside their home. âThey said heâd lose his nurse, and I just broke down crying.â
For years, Liam had been assigned a full-time nurse during school hours. Jessica provided letters from medical specialistsâincluding pulmonologists and ENT doctorsâstating that constant care was medically necessary. And back in February, the district had agreed: Liamâs Individualized Education Program (IEP) outlined 445 minutes of nursing support per day, meaning a nurse had to be with him for the full school day.
Then came the reversal.
âThey said he no longer needed the nurse. It didnât make sense,â Galvan said.
What is an IEPâand what rights do parents have?
Shiloh Carter, a senior litigation attorney with Disability Rights Texas, says IEPs are legally binding education plans created for students with disabilities under the federal Individuals with Disabilities Education Act (IDEA). Parents are equal members of the team that drafts the IEP.
âThe IEP includes all services a student needs to make progress in school, and it has to be tailored to that individual child,â Carter explained.
If a school district proposes to reduce or remove a critical service like a nurse, Carter says parents have the right to disagreeâand thereâs a legal process to challenge that.
âSchool districts must offer a 10-day reconvene meeting when a parent disagrees with changes,â Carter said. âIf the parent still doesnât agree, they can file whatâs called a due process complaint. Once thatâs filed, the district cannot move forward with their plan until the case is resolved. Thatâs called âstay put.ââ
In Liamâs case, Galvan says she was preparing to initiate that legal processâgathering documentation, communicating with administrators, and getting ready to file.
But last week, she received another callâthis time with relief.
âHe gets to keep his nurse.â
Cy-Fair ISD reversed course, according to Galvan, and told her Liam would retain his full-time nurse in middle school.
âThis was never just about Liam,â Galvan said. âI want other moms to know they have options. They donât have to give up.â
Carter says her organization helps families across Texas in similar situations, especially when medically fragile students face the loss of critical services.
âNursing is a related service under IDEA,â she said. âDistricts are expected to follow the medical orders provided. If they donât, and it prevents a student from receiving an appropriate education, that could be considered a denial of FAPEâa Free Appropriate Public Education.â
She also warns that improperly held meetingsâsuch as those missing required ARD (Admission, Review and Dismissal) team membersâcan be challenged by filing a complaint with the Texas Education Agency.
Resources for Parents
If youâre a parent navigating a dispute with your school district over services in your childâs IEP, Disability Rights Texas offers free legal help. Parents can:
Request a copy of the current IEP
Call for an ARD/IEP meeting at any time
File a due process complaint to trigger âstay putâ protections
Contact advocacy organizations for legal support
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