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.

Hearing Officers

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

Representation

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.

Forms

The forms below are provided to assist parties with requests that commonly arise during a due process hearing proceeding.

SUBPOENA
Witness Subpoena	This form may be used by someone representing themselves to ask that a person with information about the dispute appear and testify at a due process hearing. Administrative law judges are authorized to issue subpoenas in special education due process hearings pursuant to Texas Government Code § 2001.089 and 19 Texas Administrative Code § 89.1180(e).
CONTINUANCE
Request to Continue Prehearing Conference	This form may be used when the parties have a conflict and need to reschedule a prehearing conference. The party asking for the change must confer with the other party to find out if they agree and what dates they are available. This request must be filed at least two business days before the conference.
Request for Continuance	This form may be used when a party wants the hearing moved to a later date. The party asking for the continuance must confer with the other party to find out if they agree. The request must explain the cause for the delay and include proposed hearing and decision dates.
DISMISSAL
Request for Dismissal	This form may be used by petitioners who want to dismiss their complaint before the due process hearing. The request must state whether the petitioner wants the dismissal to be with prejudice or without prejudice. A dismissal with prejudice permanently ends the claims asserted in the due process hearing request. These claims ordinarily cannot be reasserted in a later due process hearing. A dismissal with prejudice is commonly requested after the parties resolve the dispute through a written resolution or settlement agreement. A dismissal without prejudice ends the current due process hearing without a decision on the merits. The claims generally may be reasserted in a later due process hearing, subject to applicable law.

Filing Documents

As of September 1, 2021, parties to proceedings under the Individuals with Disabilities Education Act at SOAH are required to file and serve documents using eFileTexas, or another electronic filing service provider approved by the Office of Court Administration, in accordance with SOAH's Rules of Procedure.

Electronic filing is required for the Texas Education Agency, attorneys, authorized representatives, and school districts.

Self-represented parties (e.g., parents without an attorney or representative) are strongly encouraged, but not required, to file electronically and may instead use approved alternative methods of mail, fax, or hand-delivery. Email is not an accepted filing method, unless otherwise approved by the hearing officer based on a showing of good cause.

For more information, please visit Electronic Filing for IDEA cases, SOAH's Electronic Filing Page and Frequently Asked Questions about eFileTexas at SOAH.

Documents may be filed by self-represented parties with the State Office of Administrative Hearings electronically or by United States Postal Mail, or hand-delivery:

Mail: IDEA Filings
P.O. Box 13025
Austin, Texas 78711-3025

Hand-Delivery:
300 West 15th Street
Suite 504
Austin, Texas 78701

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.

Request E-Service

*This form is ONLY for use by IDEA unrepresented/pro se litigants.

If you are self-represented/pro se and would like to receive service electronically, please complete the E-Service Consent Form and either submit it online or download a copy and email it to GeneralDocketFax@soah.texas.gov.

Questions?

If you have any questions about your due process hearing, please contact the State Office of Administrative Hearings Austin office.