Advocacy, Incorporated Handout Materials
ED11 — Filing a Complaint with the Texas Education Agency
July, 1999
Introduction
Parents, and other interested persons, who have complaints about the special education services being provided by a school district may file a complaint with the Texas Education Agency (TEA). TEA is required to operate a complaint management system for addressing any violation of Part B the Individuals with Disabilities Education Act (IDEA), including the identification, evaluation, or placement of a student with a disability, or the provision of a free appropriate public education (FAPE) to the student. Organizations may also file complaints. Complaints may be about services being provided to one student with a disability or to a group of students with disabilities. While a parent, organization, or any other interested person may file a complaint, this handout will refer to the person sending the complaint as "parent."
The Office of Special Education Programs (OSEP) has specifically stated that the complaint management system is supposed to be a less costly, but equally effective, alternative to filing a request for a due process hearing. Therefore, any issue that would be appropriate to take to a hearing is also appropriate for the complaint management system.
In many instances, the parent should try to resolve the complaint with the school district by going to an Admission, Review and Dismissal (ARD) meeting before filing a complaint with TEA. For example, if the parent believes that the school district staff is not implementing the modifications called for in the Individualized Education Program (IEP), the parent should bring that to the attention of the ARD Committee and complain to TEA if it continues to be a problem.
The parent should make sure that the ARD Committee documents any complaints or requests that they have made at the ARD meeting. For example, if the parent requests an assistive technology assessment for their child and the district denies this request, the parent needs to make sure that the denial is written into the IEP. The parent's request and the district's response can be written into the discussion notes (or minutes) that are attached to the ARD document. The parent must remember to sign that they "disagree" with the decision made. If the parent only disagrees with part of the IEP, for example a refusal to provide speech therapy, then the parent can write on the IEP that they disagree with that decision and that they agree with all of the other decisions. It is also a good idea to specifically write into the discussion notes the reasons why the parent disagrees. The school district then must provide the parent with written notice that it is refusing to provide the requested service.
The complaint must be about a violation that occurred not more than one year prior to the date of the complaint. However, it can involve continuing violations that have occurred for more than a year. For example, if the student's IEP has required that the student be provided with two hours per week of occupational therapy and the student has only been receiving one hour per week during the last year and a half, then the complaint can be about the entire time that the district has been failing to provide occupational therapy. Also, if the parent is requesting compensatory services, the complaint can be about violations that have occurred during the past three years (compensatory services is discussed below).
How are complaints filed?
Complaints are filed by writing a letter to TEA. IDEA requires that the complaint be in writing; therefore, a telephone call to TEA will probably not be considered a complaint. (However, parents can call TEA at 1-800252-9668 to discuss problems that they are having; TEA may not, however, consider these to be actual complaints.) TEA's address is:
Division of Complaints and Administration
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701
Parents may want to send the letter by certified mail so that they have a record of when it was received by TEA. Parents should keep a copy of the letter and keep copies of TEA's responses. Also, parents should keep copies of any letters that they send to the district and any letters that the district sends to them, as well as copies of all of their child's records. Parents should also keep notes about any phone conversations they have with TEA or district staff.
At the end of this handout are three sample TEA complaint letters.
What Does TEA Do with the Complaint?
TEA has 60 calendar days to investigate the complaint and decide whether the district is violating IDEA. TEA may extend its time limit only if exceptional circumstances exist with respect to a particular complaint. Usually, TEA sends a letter to the parent telling them that TEA has received the complaint and summarizing the issues in the complaint. It is important to read this letter carefully to make sure that TEA understands the complaint correctly. Sometimes all of the issues that the parent put into the complaint have not been correctly summarized by TEA. If this is the case, immediately send a follow-up letter pointing out the error and requesting that TEA make its decision, within the original timeframe (60 days from the date that TEA received the original complaint letter).
TEA must make an independent on-site investigation, if it determines that an investigation is necessary. An on-site investigation includes visiting the district, interviewing staff and parent, reviewing documents and visiting campuses, as appropriate. TEA must also give the parent an opportunity to submit additional information, either orally or in writing, about the issues in the complaint. Additionally, it must review all relevant information and make an independent determination as to whether the school district violated IDEA.
What about Mediation?
OSEP encourages state educational agencies, like TEA, to offer parents and the districts the opportunity to go to mediation, at no cost to the parents. Mediation allows the parent and district staff the opportunity to discuss the issues with someone who will try to help them reach an agreement. The mediator does not decide whether one side is right and the other is wrong; instead, the mediator just tries to get the two sides to come to a compromise in order to solve the problem. If mediation does not work, TEA will continue with its investigation. (For more information about mediation, please request handout #ED18, Procedural Safeguards).
What Should the Complaint Letter Say?
- Make sure that the complaint letter specifically states that you are requesting the IDEA complaint management system to investigate the complaint. This is not a requirement but it leaves no question that the letter is not simply a question for TEA. Also it makes it clear that you are not requesting a due process hearing.
- Provide the student's name, age, school he/she attends, school district, and the student's disability, if it is relevant.
- Be specific about the facts — provide dates, names, etc. If you believe that the issue is a systemic one, (a problem that affects a lot of other students with a disabilities in the district), state that in the letter. For example, "The Smalltown ISD has not had an occupational therapist since last year and none of the students are receiving occupational therapy" or "the district does not make individual determinations of least restrictive environment; all students who have medical support needs are educated in the self- contained classroom at John Doe Middle School."
- Attach any important documents, for example, ARD documents, letters, assessments, that will help TEA understand your complaint. If you do not have copies of the documents, at least refer to the names and approximate dates of documents in the letter. For example:
- "I disagree with the speech assessment conducted by the school district in April, 1998"
- "My child's current IEP requires that she receive two hours of occupational therapy per week and she is only getting one hour per week."
- "The teacher wrote in my child's communication notebook that my child did not go on the field trip in March 1999 because the bus was not wheelchair accessible."
- TEA must obtain and review all relevant information, including the documents described in the letter, to make its decision about the complaint.
- If you know what you want TEA to do to resolve the complaint, request a specific action that you would like TEA to take. (See the discussion below about the actions that TEA can require of the district). For example,
- "I request that TEA order the district to provide compensatory services for its failure to implement the reading program required by my child's IEP and I request that the compensatory services include a reading tutor."
- "I request that TEA order the district to conduct an ARD meeting to consider and implement recommendations found in the independent evaluation conducted by Dr. Smith, including the recommendation that my child be educated in the regular fourth grade classroom."
How Does TEA Notify the Parent about its Decision?
TEA must send the parent a letter that addresses each issue in the complaint and states: what TEA found out in its investigation, the conclusions that TEA made about whether the district violated IDEA, and the reasons for TEA's final decision. The letter will list the issues in the complaint. These will be called the "allegations." If TEA decides that information supports the allegation (that the parent was right), it will "sustain" the allegation. If TEA decides that the information does not support the allegation (that the parent was not right), it will "deny" the allegation.
What Does TEA Require the District to Do If it Decides That the District Has Violated Idea?
If TEA concludes that the school district violated IDEA, it has the authority to order the district to provide compensatory services, monetary damages, or other corrective action appropriate to the needs of the student. Compensatory services are services that TEA requires the district to provide in order to "make up" for failing to provide appropriate services in the past. For example, TEA could order a school district to provide extra therapy services to a student who did not receive needed therapy services in the past, or TEA could order a school district to provide additional tutoring or summer services for a student who has not been provided appropriate academic services during the school year. TEA could also order the district to convene an ARD meeting to determine an appropriate placement for the student, using the correct legal standards for making the placement determination.
If the complaint is about services to a group of students or if the complaint or investigation indicates there is a district-wide problem, TEA must address appropriate future provision of services for all children with disabilities in the district. For example, if TEA finds that the district fails to make individual determinations of least restrictive environment for many of its students, then TEA will require the district to take a corrective action that remedies the problem, such as, holding new ARD meetings for all of the students affected in order to reconsider the least restrictive environment determination.
Additionally, TEA must provide technical assistance to those districts needing assistance with implementing the final decision. Technical assistance includes information and training provided to district staff. Currently, technical assistance is provided by the regional education service centers (ESCs). There are twenty education service centers in Texas, and each ESC not only provides services to the districts in its region, but also provides information and training regarding specific issues, statewide. For example, in San Antonio, Region 20's ESC provides information and training about inclusion to all school districts in Texas.
Can the Parent Still File a Request for a Due Process Hearing?
If a due process hearing has already been requested on an issue in the complaint letter, TEA will not investigate that issue until after the conclusion of the hearing. It will however, investigate any issues that are not part of the due process hearing. The due process decision is binding (TEA cannot change the decision); however, a parent can complain to TEA about a district's failure to implement a hearing decision (failure to do what the hearing decision told the district to do), and TEA must resolve that complaint. A parent can also file a request for a due process hearing regarding an issue that they may have previously submitted a complaint about. For example, if a parent files a TEA complaint about failure to provide in-home training, the parent can still file a request for a due process hearing even after TEA makes its decision about the complaint letter. (For more information about procedural protections, such as due process hearings, please see Handout ED18, Procedural Safeguards.)
Sample Letter 1
(Parent name)
(Address)
(Date)
Division of Complaints and Administration
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701
To Whom it May Concern:
I write to file a complaint against the County ISD (name of your schooldistrict) with the IDEA complaint management system. (Next, describe your child, name, age, school, disability.) My daughter, Amber, is twelve years old and attends the seventh grade at City Middle School. Amber qualifies for special education services as a student with other health impairment.
Amber has a degenerative muscle condition that, among other things, causes weakness in her hands and wrists. Because of this, she has difficulty writing with a pen or pencil, and it takes her a long time to complete writing assignments. Also, she becomes very sore and tired.
(Next, describe the problem.) In October 1998, I requested an assistive technology assessment for Amber. The district's occupational therapist assessed Amber's handwriting skills. The assessment is enclosed. (Remember to enclose copies of any documents that you want TEA to review.) In the assessment, the occupational therapist said that Amber doesn't need assistive technology because her handwriting is legible. At the ARD meeting on January 17, 1999, I disagreed with the assessment and asked for an independent assessment. The special education director, Ms. Smith, told me that the District doesn't think an assessment needs to be done because Amber doesn't need assistive technology to benefit from her education. I signed that I disagreed to the ARD report.
The report is enclosed. (Remember always check that you "disagree" on the ARD form if you ask the District for something and they say "no.") Amber's doctor wrote a letter to the District in February 1999, describing Amber's condition and asking that the District provide her with a word processor; a copy of the letter is enclosed. I gave the letter to the ARD Committee in February 1999, but Ms. Smith said that the District doesn't have any word processors for Amber right now and that Amber doesn't need one to benefit from her education. I checked that I disagreed with that decision, too. That ARD report is also enclosed.
(Next, describe what you would like TEA to do.) I request that TEA investigate this complaint and order the district to provide an independent assistive technology assessment and, while that is being completed, follow the recommendation of Amber's doctor by providing a word processor for Amber.
If you have any questions, please call me at my daytime phone number, (555) 555-5555. I look forward to your decision.
Sincerely,
(Parent's name).
Sample Letter 2
(Parent name)
(Address)
(Date)
Division of Complaints and Administration
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701
To Whom it May Concern:
I write to file a complaint against the County ISD (name of your schooldistrict) with the IDEA complaint management system. (Describe your child, name, age, school, disability.) My son, Jason, is almost three-years-old and is supposed to start receiving school services in County ISD next month. Jason has cerebral palsy. He uses a wheelchair, and he is learning communicate with others.
(Next, describe the problem.) Last week, on April 10, 1999, we had an ARD meeting and the District told me that they want to put Jason in a PPCD class. Enclosed is a copy of the ARD report. (Remember to enclose copies of any documents that you want TEA to review.) PPCD is a class for only kids with disabilities. Currently, Jason goes to Little Ones pre-school, and he gets physical therapy and speech therapy services there from the Early Childhood Intervention program.
I like the Little Ones pre-school because Jason gets to play with nondisabled kids and he is learning to communicate with them. Our family has tried very hard to treat Jason like any other kid and he has a lot of friends in the neighborhood.
At the ARD meeting, I told the District that I do not want Jason segregated in a class with just kids with disabilities. The staff at the Early Childhood Intervention program agree that it would be best if Jason continue to be educated with nondisabled children. Enclosed is a copy of the letter that they wrote to the District, saying that it wouldn't be good for Jason to be in a class where all of the students have disabilities. However, the special education director, Ms. Smith, told me that the District does not have anything other than PPCD for three-year-olds. I checked on the ARD report that I disagree with the District's decision to put Jason in the PPCD class. (Remember always check that you "disagree" on the ARD form if you ask the District for something and they say "no.")
(Next, describe what you would like TEA to do.) I want TEA to require the District to consider providing education services to Jason at Little Ones or in some other setting that does not only have students with disabilities.
Please call me at my daytime phone, (555) 555-5555, if you have any questions. Thank you for your assistance.
Sincerely,
(Parent's name).
Sample Letter 3
(Parent name)
(Address)
(Date)
Division of Complaints and Administration
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701
To Whom it May Concern:
I write to file a complaint against the County ISD (name of your schooldistrict) with the IDEA complaint management system. (Next, describe your child, name, age, school, disability.) My son, Scott, is eight-years-old and attends the third grade at City Elementary School. Scott qualifies for special education services as a student with an orthopedic impairment.
(Next, describe the problem.) Scott's IEP, dated May 11, 1998, states that he will receive two hours of occupational therapy every week. The IEP is enclosed. (Remember to enclose any documents that you want TEA to review.) When I went to Scott's annual ARD meeting on May 5, 1999, I found out that the occupational therapist went on maternity leave at the beginning of February and that a teacher's aide has been doing Scott's range of motion exercises. The aide is not an occupational therapist and is not qualified to provide therapy. I told the ARD Committee that I want the District to give Scott compensatory services for the time that he has missed occupational therapy. The special education director, Ms. Smith, told me that the Scott hasn't really missed any therapy because the occupational therapist trained the aide before she left and that the aide was under the occupational therapist's supervision. I signed disagreed to the ARD report. The report is attached. (Remember always check that you "disagree" on the ARD form if you ask the District for something and they say "no.")
(Next, describe what you want TEA to do.) I want TEA to order the District to provide Scott and all of the other students in the District who have missed occupational therapy with compensatory services. I also want TEA to order the District to develop a plan for hiring replacement therapists when its therapists take leave time.
If you have any questions, please call me at my daytime phone number, (555) 555-5555. I look forward to your decision.
Sincerely,
(Parent's name)
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