If you have a dispute that you and the school district cannot resolve, you may ask for an impartial due process hearing. If you disagree with the Individualized Education Program (IEP) or have any other complaint concerning your child’s education, you have a right to a due process hearing before an impartial hearing officer. You have a right to a final decision from the hearing officer within 45 days after compliance with the resolution meeting requirement. Asking for a due process hearing is a very important decision. Due process hearings can be expensive and stressful. School districts win many more hearings than parents. It is a good idea to carefully consider the other steps you can take to solve a problem before you request a hearing. You can try other remedies (see previous sections on mediation and complaints) instead of, or in addition to, an impartial due process hearing.
In Texas, a request for a due process hearing must be filed within one year of the date the parent or school knew or should have known about the action that forms the basis of the complaint. Current Texas law only allows you to go back one year. The timeline does not apply if the school misrepresented to the parent that it had resolved the problem or if the school withheld information from the parent that it is required to provide, such as failing to provide written notice or a procedural safeguards notice. There are two ways you or your attorney can file for a due process hearing: 1) by drafting your own due process complaint or 2) by using the Texas Education Agency's (TEA’s) form. Information about the hearing process, and a hearing request form are available here. The Due Process Complaint letter or the TEA form available online must be sent to the school district superintendent and to:
Office of Legal Services
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701