| (a) In accordance with 34 Code of Federal Regulations
(CFR), §300.151, the Texas Education Agency (TEA) has established
a complaint resolution process that provides for the investigation
and issuance of findings regarding alleged violations of Part B of
the Individuals with Disabilities Education Act (IDEA) or a state
special education statute or administrative rule.
(b) A complaint may be filed with the TEA by any individual
or organization and must:
(1) be in writing;
(2) include the signature and contact information for
the complainant;
(3) contain a statement that a public education agency
has violated Part B of the IDEA; 34 CFR, §300.1 et seq.; or a
state special education statute or administrative rule;
(4) include the facts upon which the complaint is based;
(5) if alleging violations with respect to a specific
student, include:
(A) the name and address of the residence of the student;
(B) the name of the school the student is attending;
(C) in the case of a homeless child or youth (within
the meaning of §725(2) of the McKinney-Vento Homeless Act (42
United States Code, §11434a(2)), available contact information
for the student and the name of the school the student is attending;
(D) a description of the nature of the problem of the
student, including facts relating to the problem; and
(E) a proposed resolution of the problem to the extent
known and available to the party at the time the complaint is filed;
(6) allege a violation that occurred not more than
one calendar year prior to the date the complaint is received; and
(7) be forwarded to the public education agency that
is the subject of the complaint at the same time that the complaint
is filed with the TEA.
(c) A complaint must be filed with the TEA by electronic
mail, mail, hand-delivery, or facsimile. The TEA has developed a form
that may be used by persons or organizations filing a complaint. The
form is available on request from the TEA and is also available on
the TEA website. The complaint timeline will commence on the business
day that TEA receives the complaint. If a complaint is received on
a day other than a business day, the complaint timeline will commence
on the first business day after the day on which the TEA receives
the complaint. The one-calendar-year statute of limitations for a
complaint will be determined based on the day that the complaint timeline
commences.
(d) If a complaint does not meet the requirements outlined
in subsection (b) of this section, the TEA must notify the complainant
of the deficiencies in the complaint.
(e) Upon receipt of a complaint that meets the requirements
of this section, the TEA must initiate an investigation to determine
whether the public education agency is in compliance with applicable
law and regulations in accordance with the following procedures.
(1) The TEA must send written notification to the parties
acknowledging receipt of a complaint.
(A) The notification must include:
(i) the alleged violations that will be investigated;
(ii) alternative procedures available to address allegations
in the complaint that are outside of the scope of Part B of the IDEA;
34 CFR, §300.1, et seq.; or a state special education statute
or administrative rule;
(iii) a statement that the public education agency
may, at its discretion, investigate the alleged violations and propose
a resolution of the complaint;
(iv) a statement that the parties have the opportunity
to resolve the complaint through mediation in accordance with the
procedures in §89.1193 of this title (relating to Special Education
Mediation);
(v) a timeline for the public education agency to submit:
(I) documentation demonstrating that the complaint
has been resolved; or
(II) a written response to the complaint and all documentation
and information requested by the TEA;
(vi) a statement that the complainant may submit additional
information about the allegations in the complaint, either orally
or in writing within a timeline specified by the TEA, and may provide
a copy of any additional information to the public education agency
to assist the parties in resolving the dispute at the local level;
and
(vii) a statement that the TEA may grant extensions
of the timeline for a party to submit information under clause (v)
or (vi) of this subparagraph at the request of either party.
(B) In accordance with 34 CFR, §300.504, upon
receipt of the first special education complaint filed by a parent
during a school year, TEA will provide an electronic copy of the Notice
of Procedural Safeguards to the parent, and the public education agency
against which the complaint is filed must provide the parent with
a hard copy of the Notice of Procedural Safeguards unless that parent
has elected, in accordance with 34 CFR, §300.505, to receive
the required notice by electronic mail, if the public education agency
makes that option available.
(C) The public education agency must provide the TEA
with a written response to the complaint and all documentation and
information requested by the TEA. The public education agency must
forward its response to the parent who filed the complaint at the
same time that the response is provided to the TEA. The public education
agency may also provide the parent with a copy of the documentation
and information requested by the TEA. If the complaint was filed by
an individual other than the student's parent, the public education
agency must forward a copy of the response to that individual only
if written parental consent has been provided to the public education
agency.
(2) If the complaint is also the subject of a due process
hearing or if it contains multiple issues of which one or more are
part of that due process hearing, the TEA must:
(A) set aside any part of the complaint that is being
addressed in the due process hearing until the conclusion of the hearing;
and
(B) resolve any issue in the complaint that is not
a part of the due process hearing.
(3) If an issue raised in the complaint has previously
been decided in a due process hearing involving the same parties,
the TEA must inform the complainant that the due process hearing decision
is binding.
(4) The TEA has 60 calendar days after a valid written
complaint is received to carry out the investigation and to resolve
the complaint. The TEA may extend the time limit beyond 60 calendar
days if exceptional circumstances, as determined by the TEA, exist
with respect to a particular complaint. The parties will be notified
in writing by the TEA of the exceptional circumstances, if applicable,
and the extended time limit. The time limit may also be extended if
the parties agree to extend it in order to engage in mediation pursuant
to §89.1193 of this title or other alternative means of dispute
resolution. In accordance with the Texas Education Code, §29.010(e),
the TEA must expedite a complaint alleging that a public education
agency has refused to enroll a student eligible for special education
and related services or that otherwise indicates a need for expedited
resolution, as determined by the TEA.
(5) During the course of the investigation, the TEA
must:
(A) conduct an investigation of the complaint that
must include a complete review of all relevant documentation and that
may include interviews with appropriate individuals and an independent
on-site investigation, if necessary;
(B) consider all facts and issues presented and the
applicable requirements specified in law, regulations, or standards;
(C) make a determination of compliance or noncompliance
on each issue in the complaint based upon the facts and applicable
law, regulations, or standards and issue a written report of findings
of fact and conclusions, including reasons for the decision, and any
corrective actions that are required, including the time period within
which each action must be taken;
(D) review any evidence that the public education agency
has corrected noncompliance on its own initiative;
(E) ensure that the TEA's final decision is effectively
implemented, if needed, through technical assistance activities, negotiations,
and corrective actions to achieve compliance; and
(F) in the case of a complaint filed by an individual
other than the student's parent, provide a copy of the written report
only if written parental consent has been provided to the TEA.
(6) In resolving a complaint in which a failure to
provide appropriate services is found, the TEA must address:
Cont'd... |
