What laws control the due process hearings?
• The Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004), 20 United States Code Section 1400 et seq. • The federal regulations at 34 Code of Federal Regulations Part 300. • The procedures found in the Administrative Procedures Act, Texas Government Code, Section 2001.001 et seq. • The Commissioner’s and State Board of Education Rules for Special Education Services found at 19 Texas Administrative Code, §89.1001-89.1191. • The Texas Rules of Civil Procedure. • The Texas Rules of Evidence, unless they are affected or changed by the federal regulations found in 34 Code of Federal Regulations Section 300.307-300.514, 300.52, or 300.528 or the Commissioner’s rules found in 19 Texas Administrative Code §89.1151-89.1191. • How long does it take from the time that I request a due process hearing until the Hearing Officer makes a final decision? Back to Top Usually, the Hearing Officer will contact you within 5 business days of the date that you asked for a due process
