Individuals with Disabilities Education Act / Special Education
What are Individuals with Disabilities Education Act Hearings?
The State Office of Administrative Hearings handles due process hearings in cases involving disputes between parents of students with disabilities and public school districts and/or public charter schools regarding special education services under the Individuals with Disabilities Education Act, also known as IDEA.
Who refers Individuals with Disabilities Education Act Hearings to the State Office of Administrative Hearings?
Individuals with Disabilities Education Act hearings are referred to the State Office of Administrative Hearings by the Texas Education Agency. A request for a due process hearing (the complaint) may be filed by either a student or a public school district or public charter school. The party requesting a hearing must send a written request to the Texas Education Agency.
The State Office of Administrative Hearings’ hearing officers are experienced legal professionals, with extensive training to supplement their understanding of the complex issues surrounding special education matters.
Issues Addressed in Due Process Hearings
- Special education eligibility
- School district right to assess a student for eligibility
- Independent educational evaluations
- Discipline of students who have disabilities
- The right of a student with a disability to a free appropriate public education
- Educational placement and least restrictive environment
All hearings are held at a location reasonably convenient to both parties. This is typically at the school district. This allows for an expeditious process and eliminates the time and expense of traveling for the families involved.
A party to a due process hearing has the right to be accompanied and represented by an attorney or non-attorney advocate who meets certain requirements. Some parents choose to be self-represented.
All communications with the hearing officer must be shared with the opposing party’s attorney or authorized non-attorney representative or with a self-represented parent. Please note that any document received after 5:00 PM shall be deemed filed the next business day.
Documents may be filed with the State Office of Administrative Hearings electronically via email,United States Postal Mail, hand-delivery, or fax:
Email: IDEAfilings@soah.texas.gov Mail: IDEA Filings P.O. Box 13025 Austin, Texas 78711-3025 Hand-Delivery: 300 West 15th Street Suite 504 Austin, Texas 78701 Fax: 512.475.4994
If you have any questions about your due process hearing, please contact the State Office of Administrative Hearings Austin office.
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