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 Texas Administrative Code (Last Updated: March 27,2024)
 TITLE 19. EDUCATION
 PART 2. TEXAS EDUCATION AGENCY
 CHAPTER 89. ADAPTATIONS FOR SPECIAL POPULATIONS
 SUBCHAPTER AA. COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES
 DIVISION 7. DISPUTE RESOLUTION

  SECTION 89.1165. Request for Special Education Due Process Hearing  

Latest version.
  • (a) A request for a due process hearing (due process complaint) must be in writing and must be filed with the Texas Education Agency (TEA) by electronic mail, mail, hand-delivery, or facsimile.

    (b) The party filing a request for a hearing must forward a copy of the request to the non-filing party at the same time that the request is filed with the TEA. The timelines applicable to hearings will commence the calendar day after the non-filing party receives the request. Unless rebutted, it will be presumed that the non-filing party received the request on the date it is sent to the parties by the TEA.

     (c) The request for a hearing must include:

    (1) the name of the child;

     (2) the address of the residence of the child;

     (3) the name of the school the child is attending;

     (4) in the case of a homeless child or youth (within the meaning of §725(2) of the McKinney-Vento Homeless Assistance Act (42 United States Code §11434a(2)), available contact information for the child, and the name of the school the child is attending;

     (5) a description of the nature of the problem of the child relating to the proposed or refused initiation or change, including facts relating to the problem; and

     (6) a proposed resolution of the problem to the extent known and available to the party at the time.

     (d) A party may not have a hearing until the party files a request for a hearing that meets the requirements of subsection (c) of this section.

     (e) The TEA has developed a model form that may be used by parents and public education agencies to request a hearing. The form is available on request from the TEA and on the TEA website.
Source Note: The provisions of this §89.1165 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective November 28, 2012, 37 TexReg 9360; amended to be effective December 31, 2013, 38 TexReg 9552; amended to be effective March 1, 2017, 42 TexReg 760; amended to be effective March 14, 2021, 46 TexReg 1466