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Texas Special Education Update: Navigating the Shift from Noncategorical Early Childhood to Developmental Delay

As defined by the federal Individuals with Disabilities Education Act (IDEA), children aged 3-9 may qualify for special education services under the eligibility category of Developmental Delay. This category supports young children who exhibit delays in specific areas including physical, cognitive, communication, social, emotional, or adaptive development. The federal government allows states, within certain parameters, the flexibility to define and apply this category. 

Traditionally Texas used the Noncategorical Early Childhood (NCEC) category for children aged 3-5 evaluated and identified with an apparent emotional disability, specific learning disability, autism, or intellectual disability. This category allows young children to receive special education services without a specific disability label, which can often prove difficult to determine at such an early age. Through early intervention and related services, many children make considerable progress and may no longer require special education support by the time they reach first grade. 

What’s Changing? 

Beginning in the 2024-2025 school year, Texas will allow districts to identify students as either NCEC or Developmental Delay. At the start of the 2025-2026 school year, districts must phase out the NCEC category for current students and discontinue its use for new identifications. In its place, districts must use the Developmental Delay category, which allows districts to provide special education services to children across an expanded age range.  

Developmental Delay: What It Means for Texas Schools 

The Developmental Delay category allows Texas districts to serve children aged 3-9 who show significant deficits in various developmental areas. To qualify, schools must gather evidence from multiple sources including standardized assessments, observations, and parent input, to document the child’s developmental challenges. This flexibility provides particular value for younger children whose developmental profiles may not align with specific disability categories at the time of evaluation. 

Timeline and Implications 

  • 2024-2025 School Year: Texas districts may begin using the Developmental Delay category for children aged 3-9. 
  • 2025-2026 School Year: Texas districts can no longer use the NCEC category to newly identified students. However, children already identified under NCEC may maintain this classification until a required re-evaluation occurs before age six, as determined by the Admission, Review, and Dismissal committee. 

Steps for a Smooth Transition to Developmental Delay 

To facilitate the successful implementation of Developmental Delay, districts should follow these steps: 

  1. Develop a Plan: The district's special education department should devise a comprehensive plan to address the upcoming changes and ensure continued program compliance. The collaboration and planning process should include active involvement of special education evaluation staff, as they will play a key role in implementing use of the new eligibility category. 
  2. Train Staff: Provide training for all relevant district staff, including members of the multidisciplinary evaluation team. Communicate the criteria for Developmental Delay, the data sources required in the identification process, and any updates made to district processes and procedures in response to these changes. Include evaluation procedures for Developmental Delay in the district’s special education operating procedures.  
  3. Communicate with Parents: Maintain open and transparent communication with parents throughout the process. Inform families of the changes, how changes may affect their child, and the next steps—especially for students currently identified under NCEC. 

By following these steps, districts can effectively transition to the Developmental Delay category while continuing to provide exceptional support for young learners across Texas. 

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Chelsey Walters
Chelsey Walters
Temporary Support

Walters brings 10 years of experience in education to the team. She served as both a middle school and high school special education teacher, as well as a speech-language pathologist assistant. Her extensive experience working directly with students and teachers equips her to offer practical, tailored support that empowers districts and their staff to better serve the needs of students. 

Since joining TASB in 2022 as temporary support on the Student Solutions team, Chelsey has assisted districts across Texas in reviewing documentation and processes to enhance special education program effectiveness and compliance, ensuring staff can focus on what matters most—students. 

She holds a Bachelor of Communication Sciences and Disorders degree with a specialization in speech-language pathology from the University of Texas at Austin and is also a licensed speech-language pathologist assistant.