|(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
(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