CYPRESS, Texas – Jessica Galvan still remembers the moment she got the call.
It was the last day of school—May 29—when 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.
“He was born without a lower jaw. He breathes through a trach. He’s deaf, he’s non-verbal—and he needs someone by his side at all times,” Galvan told KPRC 2 inside their home. “They said he’d lose his nurse, and I just broke down crying.”
For years, Liam had been assigned a full-time nurse during school hours. Jessica provided letters from medical specialists—including pulmonologists and ENT doctors—stating that constant care was medically necessary. And back in February, the district had agreed: Liam’s 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.
“They said he no longer needed the nurse. It didn’t make sense,” Galvan said.
What is an IEP—and 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.
“The IEP includes all services a student needs to make progress in school, and it has to be tailored to that individual child,” Carter explained.
If a school district proposes to reduce or remove a critical service like a nurse, Carter says parents have the right to disagree—and there’s a legal process to challenge that.
“School districts must offer a 10-day reconvene meeting when a parent disagrees with changes,” Carter said. “If the parent still doesn’t agree, they can file what’s called a due process complaint. Once that’s filed, the district cannot move forward with their plan until the case is resolved. That’s called ‘stay put.’”
In Liam’s case, Galvan says she was preparing to initiate that legal process—gathering documentation, communicating with administrators, and getting ready to file.
But last week, she received another call—this time with relief.
“He gets to keep his nurse.”
Cy-Fair ISD reversed course, according to Galvan, and told her Liam would retain his full-time nurse in middle school.
“This was never just about Liam,” Galvan said. “I want other moms to know they have options. They don’t have to give up.”
Carter says her organization helps families across Texas in similar situations, especially when medically fragile students face the loss of critical services.
“Nursing is a related service under IDEA,” she said. “Districts are expected to follow the medical orders provided. If they don’t, and it prevents a student from receiving an appropriate education, that could be considered a denial of FAPE—a Free Appropriate Public Education.”
She also warns that improperly held meetings—such as those missing required ARD (Admission, Review and Dismissal) team members—can be challenged by filing a complaint with the Texas Education Agency.
Resources for Parents
If you’re a parent navigating a dispute with your school district over services in your child’s 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 “stay put” protections
- Contact advocacy organizations for legal support