Due Process Hearings in Texas

How does due process work for IEP disputes in Texas?

Texas operates a one-tier due process hearing system for special education disputes, meaning hearing officer decisions are directly appealable to federal or state court without an intermediate administrative review level (TEC §29.010; 19 TAC §89.1151). Either a parent or a school district may file a due process complaint with the Texas Education Agency (TEA) regarding any matter relating to the identification, evaluation, or educational placement of a child with a disability, or the provision of FAPE (34 CFR 300.507(a); TEC §29.010). The complaint must allege a violation that occurred not more than two years before the date the parent or public education agency knew or should have known about the alleged action (19 TAC §89.1151(a); 34 CFR 300.507(a)(2)), updated from the prior one-year Texas limitation effective September 1, 2022, to align with the federal two-year statute of limitations. The due process complaint must include specific information including the name and address of the child, the name of the school, a description of the problem, and a proposed resolution (34 CFR 300.508(b)). Upon filing, the district must convene a resolution meeting with the parent within 15 calendar days, unless both parties agree in writing to waive the meeting or agree to mediation (34 CFR 300.510(a)). The resolution period lasts 30 calendar days from the filing of the complaint, during which the parties attempt to resolve the dispute (34 CFR 300.510(b)). If the complaint is not resolved within 30 days, the 45-calendar-day timeline for the hearing officer to issue a final decision begins (34 CFR 300.515(a)). Hearings are conducted by impartial hearing officers who are licensed Texas attorneys appointed by TEA; they do not work for TEA and must not have a personal or professional interest that conflicts with their objectivity (19 TAC §89.1170). The hearing officer's decision is final unless appealed to state or federal court within 90 calendar days of the decision (19 TAC §89.1185(a); 34 CFR §300.516(b)). During the pendency of any due process proceeding, the child must remain in the current educational placement (stay-put provision) unless the parent and LEA agree otherwise (34 CFR 300.518). Special expedited hearing procedures apply to disputes about discipline and placement in interim alternative educational settings, with a decision required within 20 school days of the hearing request and rendered within 10 school days after the hearing (34 CFR 300.532(c)).