How to File a Special Education Complaint With the TEA
If a Texas school is violating your child's special education rights, you can file a written state complaint with the Texas Education Agency, known as the TEA. The TEA has 60 calendar days to investigate and issue a written decision. The violation must have happened within the past year, and you must send a copy of your complaint to the school district at the same time you file it. Here is how the process works.
What a TEA complaint is, and when to use it
A state complaint asks the TEA to investigate whether a school district broke special education law, either IDEA or Texas rules. It is a strong tool when a district fails to follow the IEP, misses evaluation timelines, denies services, or ignores procedural requirements. The TEA reviews the records and issues findings.
Who can file
Any individual or organization can file, including a parent or someone filing on behalf of a student. The complaint must be signed. It cannot be anonymous.
The one-year rule
The violation you are complaining about must have occurred not more than one calendar year before the TEA receives your complaint. Older issues generally fall outside what the TEA will investigate, so do not wait.
How to file, step by step
Put your complaint in writing and sign it. Include your child's information, your contact information, a clear description of the violation with specific facts and dates, and the resolution you are asking for. Use the TEA's Request for Special Education Complaint Investigation form. Submit it by email to spedcomplaints@tea.texas.gov, by mail to the Texas Education Agency, Office of Special Populations and Student Supports, 1701 North Congress Avenue, Austin, TX 78701-1494, or by fax to (512) 463-9560. At the same time, send a copy of the complaint to your school district. This step is required.
What happens next
The TEA has 60 calendar days from receiving your complaint to investigate and issue a written decision. That deadline can be extended only for exceptional circumstances or if you agree to try mediation. Complaints alleging that a district refused to provide services are treated as urgent and resolved faster when possible.
What the TEA can order
If the TEA finds a violation, it can order corrective action, including evaluations, compensatory services, reimbursement, an ARD meeting to fix the IEP, staff training, policy changes, and ongoing monitoring. The TEA cannot levy fines or dictate a district's staffing decisions.
State complaint vs due process vs mediation
A state complaint is an investigation of alleged rule violations, decided by the TEA. A due process hearing is a formal legal proceeding before a hearing officer, used for disputes over things like eligibility, evaluation, placement, and FAPE. Mediation is a voluntary process where a neutral mediator helps you and the district reach an agreement. Many families start with a complaint or mediation before considering due process.
Filing a well-documented complaint is where the details matter. Missed deadlines under the Texas special education timelines are among the easiest violations to prove. An advocate can help you build the record.
Common questions
Frequently Asked Questions
How long does the TEA have to respond to a special education complaint?+
The TEA has 60 calendar days from receiving your complaint to investigate and issue a written decision, unless it is extended for exceptional circumstances or you agree to mediation.
How far back can a TEA complaint go?+
The violation must have occurred within one calendar year before the TEA receives your complaint.
Can I file a TEA special education complaint anonymously?+
No. The complaint must be signed and cannot be anonymous. You must also send a copy to your school district.
What is the difference between a state complaint and a due process hearing?+
A state complaint is a TEA investigation of alleged rule violations. A due process hearing is a formal legal proceeding before a hearing officer, typically used for disputes over eligibility, evaluation, placement, or FAPE.
Not sure if your situation is complaint-worthy?
Send us the paperwork. We will read the file and tell you what you have.