Filing a State Complaint in Texas

How do you file a state complaint about an IEP violation in Texas?

Texas provides multiple dispute resolution mechanisms for special education disagreements, including state complaints, mediation, and IEP facilitation, administered by the Texas Education Agency (TEA). A state complaint may be filed by any individual or organization alleging that a public education agency has violated IDEA, its implementing regulations, or state special education requirements under TEC or TAC (19 TAC §89.1195; 34 CFR 300.151-300.153). The complaint must be in writing, signed, and allege a violation that occurred not more than one year prior to the date TEA receives the complaint (19 TAC §89.1195; 34 CFR 300.153(c)). TEA must resolve the complaint within 60 calendar days of receipt (34 CFR 300.152(a); 19 TAC §89.1195). The 60-day timeline begins on the business day TEA receives the complaint; complaints received on non-business days start on the next business day. TEA may extend the 60-day timeline if exceptional circumstances exist or if the parties agree to extend it to engage in mediation or other alternative dispute resolution (19 TAC §89.1195). TEA must expedite complaints alleging that a district has refused to enroll a student eligible for special education or that otherwise indicate a need for expedited resolution (TEC §29.010(e); 19 TAC §89.1195). Mediation is a voluntary process available at any time to resolve disputes involving the educational program for a student with a disability. Both parties must agree to participate, and the mediation is conducted by a qualified, impartial mediator trained in effective mediation techniques provided by TEA at no cost to the parties (19 TAC §89.1193; 34 CFR 300.506). IEP facilitation is available in two forms: (1) district-initiated facilitation under TEC §29.019, where a school district may offer its own facilitation services, and (2) TEA-provided facilitation under TEC §29.020, where TEA provides an independent IEP facilitator. TEA-provided facilitation is available when an ARD committee has recessed due to disagreement and must reconvene under 19 TAC §89.1050. The request for TEA-provided facilitation must be submitted within 10 calendar days of the ARD meeting that ended in disagreement. TEA will determine within 5 business days whether the required conditions have been met and will notify the parties and assign a facilitator if applicable (TEC §29.020). Mediation agreements are legally binding and enforceable in court (34 CFR 300.506(b)(6)). These dispute resolution options may be used independently or in combination, and participation in mediation or facilitation does not affect the right to request a due process hearing.