(a) A person who seeks to file a complaint alleging
a violation of a court order in connection with the delivery of services
by a licensee must, in addition to submitting a Council-approved complaint
form, submit a certified copy of the court order violated and a certified
copy of the judgment, order, or minutes of the court reflecting a
finding of violation by the licensee. A complaint subject to this
rule not in strict compliance with this requirement will be dismissed
by agency staff.
(b) Complaints Involving Standard of Care Issues in
Schools:
(1) An individual wishing to file a complaint against
a licensee for any matter relating to the identification, evaluation,
or educational placement of or the provision of a free appropriate
public education to a student, must first exhaust all administrative
remedies available to that individual under 19 TAC §89.1150 of
the Commissioner's Rules Concerning Special Education Services, Texas
Education Agency. An individual that has gone through a due process
hearing with the Texas Education Agency will be considered to have
exhausted all administrative remedies.
(2) For purposes of this rule, limitations shall not
begin to run until all of the administrative remedies referenced in
paragraph (1) of this subsection have been exhausted.
(3) Notwithstanding paragraph (1) of this subsection,
an individual employed or contracted by the same public or private
school as the licensee may file a complaint covered by paragraph (1)
of this subsection regardless of whether any administrative remedies
available under state or federal education law are utilized by the
parent or legal guardian of a student. A complaint brought under this
provision shall be subject to the rule of limitations.
(4) This rule shall not operate to preclude any individual
from filing a complaint against a licensee for any matter other than
those described in paragraph (1) of this subsection, nor shall it
operate to limit the Council's ability to bring a complaint for any
matter within the agency's jurisdiction.
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