How to File a TEA Complaint When Texas Schools Violate Your IEP Rights
You have sent the emails. You have requested the ARD meetings. You have highlighted the specific dates where the school missed a timeline or failed to provide the service listed in the IEP.
And the response? Silence. Or worse, a gaslighting email claiming, "We are doing our best."
When the district refuses to follow the law, you do not have to just "wait and hope." You have a powerful tool at your disposal: The TEA Special Education Complaint.
Many parents are afraid to file a complaint because they fear retaliation or think it requires a lawyer. It does not. The State Complaint process is designed for parents. It is free, it is relatively fast (60 days), and it is the most effective way to force a district to correct a procedural violation.
Here is exactly how to do it.
When Should You File a TEA Complaint?
A "State Complaint" is best used for clear, black-and-white procedural violations. It is less effective for subjective disagreements (like "I think the teacher is mean").
File a complaint if the school:
- Missed a Deadline: Did they take more than 45 school days to complete an evaluation (FIIE)? Did they miss the 30-day window for the ARD?
- Failed to Implement the IEP: Is your child supposed to get 30 minutes of speech therapy per week, but the logs show they got zero minutes for a month?
- Denied a Copy of Records: Did you request data and get ignored?
- Changed Placement Without Notice: Did they move your child to a new classroom setting without an ARD meeting?
Statute of Limitations: In Texas, you can only file a complaint for violations that occurred within the last one year. Do not wait.
Step 1: Download the Model Form
You do not have to use the official form, but you should. It forces you to provide exactly what the investigator needs.
- Go to the TEA Website: Search for "TEA Special Education Dispute Resolution Forms."
- Download: The "Special Education Complaint Form" (available in English and Spanish).
Step 2: Write "The Narrative" (Facts Over Feelings)
This is where most parents lose their case. Do not write a 10-page essay about how the principal was rude to you in the parking lot. TEA investigators do not care about "rudeness." They care about statutes.
Your complaint needs to be boring, factual, and chronological.
❌ Bad Example
"The school is failing my son. They never help him and the teacher hates him. I've asked for help a million times."
✅ Winning Example
"The District violated 34 CFR §300.323(c)(2) by failing to implement the IEP.
- Fact 1: The current IEP dated 10/15/2025 mandates 30 minutes of dyslexia intervention 4x per week.
- Fact 2: On 01/10/2026, I received service logs indicating the student received 0 minutes...
Step 3: Propose a Resolution
The form asks: "What is your proposed resolution to the problem?" Do not leave this blank. Tell TEA exactly what you want the school to do to fix it. Be reasonable and specific.
Standard Resolutions to Request:
- Compensatory Services: "The District must provide 24 hours of 1-on-1 dyslexia tutoring outside of school hours to make up for the missed sessions."
- Training: "The District must train the campus administration on IEP implementation timelines."
- Immediate Compliance: "The District must immediately resume the schedule of services listed in the IEP."
Step 4: Submit and Wait (The 60-Day Clock)
Once you sign and send the form (email is best—send it to the TEA complaints email listed on the form AND copy your Superintendent), a strict timeline begins.
- Days 1–5: TEA reviews your complaint to see if it qualifies.
- The Investigation: The school district will be notified. They have a chance to respond. Crucially, the school might suddenly call you to offer a "Resolution Session" to fix the problem immediately so you drop the complaint. This is a win.
- Day 60: TEA issues a "Letter of Findings." If they find the school at fault, they will order "Corrective Actions" (like paying for tutoring or changing policies).
The "Retaliation" Fear
Parents often ask: "If I file, will they take it out on my child?"
Retaliation is illegal under Section 504 and federal civil rights laws. While I cannot promise a school won't be "chilly" toward you, filing a complaint often has the opposite effect. It signals to the district that you know your rights, you keep receipts, and you are not afraid to involve the state.
Usually, the district becomes more careful to follow the IEP to the letter, because they know you are watching.
Don't Start From a Blank Page
Staring at a government form is intimidating. Stop guessing what to write. Get the exact scripts and template I use to trigger action from the district.
This free kit includes:
- ✅ Pre-filled "Description of Problem" for missed evals
- ✅ "Proposed Resolution" scripts for compensatory services
- ✅ The "Warning Shot" email to send before you file
What If You Want the Complete Strategy?
Filing a complaint is a powerful tactic, but it is just one move in the game. The IEP Battle Plan covers the full chessboard.
- How to negotiate the "Resolution Session" after you file.
- How to calculate compensatory services so you don't get lowballed.
- When to skip the complaint and go straight to Due Process.
$497 one-time payment. Lifetime access.
Learn more about the Battle Plan →Related Resources
If you're dealing with violations in Texas:
- Texas IEP Evaluation Timeline - Know the 15-45-30 rule before you file.
- Drafting a Compensatory Services Demand Letter - Calculate what they owe you.
Legal Disclaimer: I am a parent with experience in IEP advocacy, not an attorney. This site shares information and personal experience, not legal advice. For legal representation, please consult a special education attorney in your state.