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Special Education Complaint Resolution Form

 

Form to Request Investigation of Special Education Complaint

If you believe that special education requirements have not been followed by a public agency, including the Texas Education Agency (TEA), you have the right to file a special education complaint.

The sample form below has been designed for you to request a complaint investigation. You may choose not to use the form to request a complaint investigation; however, all required information on the form must be included in your written request to TEA. Requests for complaint investigations must be signed and sent to the following address. Complaints must be hand delivered, mailed or faxed to TEA. TEA cannot accept special education complaints by email.

Texas Education Agency
Division of Federal and State Education Policy
1701 North Congress Avenue
Austin, Texas 78701-1494
Fax (512) 463-9560

Some requested information on the special education form is optional and may be completed at the complainant's discretion.

A checklist has been developed to ensure you submit all required information in order for TEA to investigate your special education complaint.

Whether you use this form or write your own letter, you are required by law to send a copy of your complaint to the public agency against whom the complaint is filed.

Note: A complaint investigation and mediation can be requested at the same time. If you request a complaint investigation and a due process hearing on the same issues, your complaint investigation request will remain on hold until the due process hearing has ended.

If you need assistance in writing your complaint, you may call TEA at (512) 463-9414 or leave a message on the TEA Parent Information Line at 1-800-252-9668. For Individuals who are Deaf or Hard of Hearing, TTY Number: (512) 475-3540 or Relay Texas 7-1-1. Additional information about dispute resolution can be found on TEA's website at Dispute Resolution Processes.

Instructions for the Complaint Investigation Form

There are five sections to the complaint form.

Section One: Student Information

If you are requesting a complaint investigation for one student, you are required to complete the "Student Information" section. Provide the student's complete name, mailing address, phone numbers, and the name of the school where the student attends or attended school. The name of the student's school district and the student's date of birth are optional, but are requested for identification purposes. If you are requesting a complaint investigation for more than one student, skip "Student Information" section and complete the rest of the form.

In the case of a homeless child or youth (within the meaning of section 752 (2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), provide available contact information for the child and the name of the school the child is attending.

Section Two: Complainant Information

The complainant is the individual or organization filing the complaint. The complainant may file as a third party on behalf of students. The complainant must provide his/her complete name and contact information. The requested optional information is useful for determining whether the student's educational information can be disclosed to the complainant under the Family Educational Rights and Privacy Act (FERPA).

Section Three: Complaint Information

The complaint must allege a special education violation of the Individuals with Disabilities Education Act (IDEA), its implementing regulations, Texas Education Code (TEC) and/or Texas Administrative Code (TAC). The violation that is alleged must have occurred not more than one year prior to the date the complaint is received at the TEA. The complainant must describe, in detail, each act that is an alleged violation of special education requirements in the IDEA, TEC, and/or TAC including when the act occurred and any other events that are relevant to the allegation. For a complaint investigation, the complainant should describe what documents would be helpful for TEA to review. Finally, you must provide a proposal for resolution of the allegation or to the problem.

Please note that the special education complaints process cannot address concerns related to:

  • personnel issues or assignments
  • teaching/instructional methodology
  • parental access to the campus
  • or other local matters of concern

These types of issues may be addressed at the local level through the campus administration and/or through the district's local grievance process.

Additionally, please note that the special education complaints process also cannot address concerns related to:

  • discrimination
  • harassment
  • retaliation
  • Section 504 determination or services

These types of issues may be addressed through the U.S. Department of Education's Office for Civil Rights, which can be reached at 214-661-9600. Additional information can be found at the following URL: http://www2.ed.gov/about/offices/list/ocr/index.html

Finally, the special education complaints process cannot address concerns related to abuse and/or neglect of students. Issues related to abuse or neglect of students must be addressed to the Texas Department of Family and Protective Services at 1-800-252-5400 or at the following URL: https://www.txabusehotline.org.

Section Four: Signature

By federal regulation, the complainant must sign the request for complaint investigation.

Section Five: Notification for Complaint Investigation

By federal regulation, the complainant must send a copy of the request for complaint investigation to the public agency against which the complaint is filed. Indicate to whom in the public agency the copy of the complaint letter was sent and when the complaint letter was sent.

Complaint Investigation Forms

English Version | Spanish Version

This version of the form has been designed in Microsoft Word for you complete offline, print, sign, and send to the TEA. The boxes on the form will expand as you type.

If you require additional pages to document numerous allegations you can use the following documents: additional allegations (Engish).doc or additional allegations (Spanish).doc

English Version (PDF 37.51) | Spanish Version (PDF 37.51)

This version of the form has been designed for you to download, print, complete by hand, sign, and send to the TEA. If the white space provided is not sufficient, attach your own pages.

Note: You are required by law to send a copy of the complaint to the public agency against whom the complaint is filed.

Division of Federal and State Education Policy 

1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560
Parent Information Line: 1.800.252.9668
E-mail: sped@tea.state.tx.us

Page last modified on 4/17/2014 07:58:05 AM.