Can a complainant file a complaint and request a due process hearing at the same time?
Yes, but any allegations in a complaint that are the subject of a due process hearing must be set aside by TEA until the conclusion of the due process hearing and the subsequent re-filing of the complaint in accordance with regulatory guidelines. The 60-calendar day timeline for the investigation will begin on the date that a new complaint is filed with the Agency. The one-calendar year statute of limitations for the investigation will be based on the date of the new filing. If there are remaining issues in the complaint that are not part of a pending due process hearing, TEA is required to resolve those issues within the 60-calendar day timeline discussed above in Question No. 4. If an issue raised in a complaint has previously been decided in a due process hearing involving the same parties, the due process hearing decision is binding on that issue.
