From time to time, disputes may arise between the parent(s) and the school district relating to the identification, evaluation, or educational placement or the provision of a Free Appropriate Public Education (FAPE), for a student with a disability. The Texas Education Agency (TEA) encourages and supports the resolution of any dispute at the lowest level possible and in a prompt, efficient, and effective manner. The possible options for resolving disputes include, but are not limited to:
- meetings of the student's admission, review, and dismissal committee;
- meetings or conferences with the student's teachers;
- meetings or conferences, subject to local school district policies, with campus administrator(s), the special education director of the district (or the shared services arrangement to which the district may be a party), the superintendent of the district, or the board of trustees of the district;
- requesting an independent IEP facilitator TEA to facilitate an ARD committee meeting with parties who are in dispute. TEA sets conditions that must be met, which are found in the Notice of Procedural Safeguards;
- requesting mediation through the TEA in accordance with the Individuals with Disabilities Education Act (IDEA),and 34 CFR 300.506(b);
- filing a complaint with the TEA in accordance with 34 CFR 300.153(b); or
- requesting a due process hearing through the TEA in accordance with IDEA and 34 CFR 300.507.
- upon the filing of a request for a due process hearing, the parent(s) and the school district shall also be provided with an opportunity to resolve the dispute through the mediation process established by 34 CFR 300.510(a).
What We Do
Local resolution is a voluntary process that should be the first option, giving parents and the district the chance to resolve any concerns.
- As a first step, the parent(s) should contact their child's school and speak to the principal or special education team lead or department chairperson regarding a concern.
- If contacting the campus personnel is not providing a solution to the problem, the parent(s) should contact the Special Education office and discuss the concern that is occurring on campus and the individual will direct them to the appropriate staff member to discuss their concern. The special education office may be reached at (281) 396-2630.
- If the special education contact that is provided to you is not able to assist with a solution, the parent(s) should contact the Special Education office to speak with the Special Education Director for Instructional Supports & Services at (281) 396-2077 or the Special Education Director for Evaluations & Specialized Programs at (281) 396-2647.
- If all efforts to reach a solution with the district are unsuccessful, the parent(s) or other interested party can file a complaint with the Texas Education Agency.
The parent(s) may also file a due process with TEA to resolve the issue(s) before a special education hearing officer.
- If the parties resolve any issues, the parents should contact TEA either verbally or in writing to request that the complaint/due process be withdrawn or that certain issues be dismissed.
- If there are any remaining issues that were not resolved, TEA will evaluate whether it must investigate those issues.
Texas Project FIRST (Families Information Resources Support and Training) is a project of the Texas Education Agency and is committed to providing accurate and consistent information to parents & families of students with disabilities.
The Partners Resource Network (PRN)is a non-profit agency that operates the statewide network of federally funded Parent Training and Information Centers (PTI's) in Texas. The mission of PRN is to empower parents of children and young people with disabilities in their roles as parents, decision makers, and advocates for their children and to promote partnerships between parents and professionals.
TEA Toll Free Parent Information Line: 1-800-252-9668. This toll free message line is reserved for parents and other family members who have questions about student rights and regulatory requirements as they relate to special education complaint investigations, mediation, and due process hearings. Calls are returned by trained professionals during normal business hours. For Individuals who are Deaf or Hard of Hearing: TTY Number: (512) 475-3540 Relay Texas 7-1-1. Division of Federal and State Education Policy 1701 North Congress Avenue | Austin, Texas 78701-1494 Telephone: (512) 463-9414 | Fax: (512) 463-9560 E-mail: firstname.lastname@example.org
The A Guide to the ARD Process Booklet (English, Spanish) is produced to implement Texas Education Code (TEC) Section 26.0081 requiring the Texas Education Agency (TEA) to create a comprehensive, easily understood document which explains the individualized education program (IEP) process for a student in a special education program. Additionally, the ARD Guide incorporates a parent's rights and responsibilities concerning the ARD/IEP process. The ARD/IEP Guide is intended to be a companion document to, not a replacement for, the Procedural Safeguards, which identifies parents' rights and responsibilities in federal law. The purpose of the ARD/IEP Guide is to encourage a common understanding for parents, school personnel, and communities of the IEP process for a student with disabilities.