(a) It is the policy and intent of the Texas Education
Agency (TEA) to encourage and support the resolution of any dispute
that arises between a parent and a public education agency relating
to the identification, evaluation, or educational placement of or
the provision of a free appropriate public education (FAPE) to a student
with a disability at the lowest level possible and in a prompt, efficient,
and effective manner.
(b) The possible options for resolving disputes include,
but are not limited to:
(1) meetings of the student's admission, review, and
dismissal committee, including individualized education program (IEP)
facilitation if offered by the public education agency in accordance
with §89.1196 of this title (relating to Individualized Education
Program Facilitation);
(2) meetings or conferences with the student's teachers;
(3) meetings or conferences, subject to the public
education agency's policies, with the campus administrator, the special
education director of the public education agency (or the shared services
arrangement to which the public education agency may be a member),
the superintendent of the public education agency, or the board of
trustees of the public education agency;
(4) requesting state IEP facilitation in accordance
with §89.1197 of this title (relating to State Individualized
Education Program Facilitation);
(5) requesting mediation through the TEA in accordance
with 34 Code of Federal Regulations (CFR), §300.506;
(6) filing a complaint with the TEA in accordance with
34 CFR, §300.153; or
(7) requesting a due process hearing through the TEA
in accordance with 34 CFR, §§300.507-300.514.
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Source Note: The provisions of this §89.1150 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective December 31, 2013, 38 TexReg 9552; amended to be effective January 1, 2015, 39 TexReg 10446 |