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Special Education Complaints

Examples of Complaints Addressed by Other Agencies

Frequently Asked Questions About TEA Complaints

Complaints about School Programs, Services, and Educators

TEA encourages and supports the early resolution of complaints at the lowest level possible. Complaints about general education programs, services, including Title I services, or campus staff are first addressed by the school's administration. The board of trustees of a school district or the governing body of an open-enrollment charter school has primary responsibility for ensuring that the district or school complies with all applicable requirements of state educational programs.

The local board of trustees has the exclusive power and duty to govern and oversee the management of its district and staff. All powers and duties not specifically delegated by statute to the TEA or to the State Board of Education are reserved for the trustees, and the TEA may not substitute its judgment for the lawful exercise of those powers and duties by the trustees. [§7.028 of the Texas Education Code]  T
he school administration office is able to provide individuals copies of the board’s complaint policy and forms.

District Level General Complaint Procedures

Local complaint policies typically require individuals to present complaints, in writing, at the lowest appropriate level, such as the principal. If a person is not satisfied with the campus decision, further review may be requested from the Superintendent's level. A person may request to appeal the superintendent's decision to the district's board of trustees. It is very important to follow the steps and the timelines required by local policies and procedures.

TEA General Complaint Inquiries and Assistance

The Office of General Inquiries responds to questions about general education programs and services. Program specialists are available to assist parents in understanding their rights and responsibilities under Chapter 26 of the Texas Education Code. Spanish speakers are available (se habla español). The U.S. Department of Education website also has helpful Parent Resources.

If after completing the complaint process at the district level, a person believes he or she is aggrieved by the actions or decisions of the district's board of trustees that violate the school laws, the person may appeal the board of trustees’ written decision to the commissioner of education. The process for requesting TEA Hearings and Appeals  under §7.057 of the Texas Education Code  is described in §157.1073 of the Texas Administrative Code.

Complaints Addressed by TEA

Before writing a complaint to TEA, it may be helpful to review the requirements for the educational program or service that is of concern. The links to the program areas are listed below.

• Special Education Programs  
School Financial Audits and the rules for financial accounting in the Financial Accountability System Resource Guide (FASRG)
• NCLB No Child Left Behind (Federal Title Programs)
Serious TAKS testing violations such as incidents relating to test security and confidentiality
School governance conflict that involves a clear violation of a duty of the board or administration
Driver training instructors and courses
• Educator misconduct is defined under Section 21.006 of the Texas Education Code and prioritized under Section 247.14 of the Texas Administrative Code. Complaints must include information and sufficient evidence that would give reason to believe that the one of the conduct has occurred. When reviewing a complaint, TEA will use Guidelines to make decisions about complaints.
• Educator Certification Programs and Accountability System for Educator Preparation (ASEP) fall under Chapter 229 of the Texas Administrative Code which governs the accreditation of entities that prepare individuals for educator certification.

Examples of Complaints Addressed by Other Agencies

Information and guidance for writing a complaint to TEA is described under Frequently Asked Questions About TEA Complaints.