Texas

Resources

State Protections and Legal Framework

  • State constitutional guarantees regarding right to education

    • The Texas Constitution provides: “A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.” (TEX. CONST. ART. VII, § 1, Support and Maintenance of System of Public Free Schools, available at https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7.htm.)

    Case law and legislative history defining and interpreting the right to education

    • The “efficient system” language “requires only substantially equal access to revenue for facilities necessary for an adequate system.” (Neeley v. W. Orange-Cove Consol. Indep. Sch. Dist., 176 S.W.3d 746, 792 (Tex. 2005). But see Edgewood Independent School District v. Kirby, 777 S.W.2d 391, 398 (Tex. 1989) (holding that efficiency requires “a direct and close correlation between a district’s tax effort and the educational resources available to it; in other words, districts must have substantially equal access to similar revenues per pupil at similar levels of tax effort”).)

    State constitutional protections regarding non-discrimination and equity

    • “All freemen, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.” (TEX. CONST. ART. I, § 3.)

    • “Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin.”(TEX. CONST. ART. I, § 3a).

    Other relevant state constitutional civil rights protections

  • State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA):

    • Equal Opportunities in Education:

      • (a) An educational institution undertaking to provide education, services, or activities to any individual within the jurisdiction or geographical boundaries of the educational institution shall provide equal opportunities to all individuals within its jurisdiction or geographical boundaries pursuant to this code. (Tex. Educ. Code § 1.002, available at https://statutes.capitol.texas.gov/Docs/ED/htm/ED.1.htm#1.002.)

      • (b) An educational institution may not deny services to any individual eligible to participate in a school district's special education program as provided by § 29.003, but the educational institution shall provide individuals with disabilities special educational services as authorized by law or, where expressly authorized, assist in and contribute toward the provision of appropriate special educational services in cooperation with other educational institutions and other appropriate agencies, institutions, or departments.

    • Discrimination Prohibited: state officers and employees prohibited from engaging in discriminatory practices based on race, religion, color, sex, or national origin. (Tex. Civ. Prac. & Rem. Code Ann. § 106.001, available at https://statutes.capitol.texas.gov/Docs/CP/htm/CP.106.htm.)

    Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

    State law protections regarding color of law or pattern/practice liability for law enforcement in schools

    • Chapter 135 of the Texas Civil Practice and Remedies Code establishes a state-level cause of action for law enforcement officers’ violations under color of law of Texas constitutional rights, including in school settings. (S.B. 179, 85th Leg., R.S. (Tex. 2017), available at https://capitol.texas.gov/tlodocs/85R/billtext/html/SB00179F.htm.)

    Anti-discrimination protections under state human rights statutes

    • Prohibition of Discrimination in Dress or Grooming Policies: prohibits discrimination in student dress or grooming policies based on hair texture or protective hairstyles commonly or historically associated with race. (Tex. Educ. Code § 25.902. available at https://statutes.capitol.texas.gov/Docs/ED/htm/ED.25.htm#25.902.) 

    • Protections for Parenting Students: protects students who are parents from being forced to: leave school, limit their studies, attend an alternative program; change their major, degree, or certificate program; or be forced into or out of any particular course, activity, or program based solely on their parenting status or “issues related to the student’s pregnancy or parenting.” (Tex. Educ. Code § 51.982, available at https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00412F.htm)

    • Transfer of Students: a Texas student under 21 can transfer to another district if both the new district and the parent/guardian agree in writing. ( Tex. Educ. Code Ann. § 25.036, available at https://statutes.capitol.texas.gov/Docs/ED/htm/ED.25.htm#25.036.) 

    Private right of action provisions under state civil rights and human rights statutes

    • David’s Law is the only statute that creates a private right of action, to seek injunctive relief, including in the form of a restraining order. (Tex. Civ. Prac. & Rem. Code Ann. § 129A.002.) 

    Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims? 

    • No, the state laws discussed here do not contemplate proof of discrimination through a showing of disparate impact.

  • Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law? 

    • For a private right of action under David’s Law, parents can take steps on behalf of their (minor) child. 

    Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?

    • Texas Bullying Prevention Policies and Procedures requires each school district’s board of trustees to adopt a policy “prohibiting retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying . . . .” (Tex. Educ. Code Ann. § 37.0832(c)(3).)

    Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?

    Are there areas where the state laws provide more protections than federal law? What are those areas? (The federal government appears to have more protections than Texas, especially regarding Title IX claims of discrimination based on sexual orientation and gender identity and athletic competitions which differentiate contenders based on biological sex. See Texas v. Cardona, 743 F.Supp.3d 824 (2024); Texas Education Code § 33.0834) 

    Right to education. Although there is no federal right to education ( San Antonio School District v. Rodriguez, 411 U.S. 1 (1973).), there is a Texas constitutional right to education, as discussed above. (TEX. CONST. ART. VII, § 1.)

How do I file a complaint in K-12 Schools in Texas?

  • Who is eligible to file (students, parents, advocates, others)?

    • Parents of the student, adult students, and third parties may file complaints with TEA. If the complainant is a third party, a FERPA release is required for the person standing in parental relation. 

    Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)

    • Every school system is required to have a local grievance process, which is a formal process for raising and addressing concerns. TEA encourages parents, students, staff, and members of the public to raise concerns with their school system before filing a written complaint with TEA. 

    • To find your district’s local grievance policy, ask an administrator how to access the relevant policies, which might be on the district’s board policy website. If you choose to file a local grievance, acting quickly is important to meet your school district’s reporting deadlines. You may be required to report your concern within 10–15 days of becoming aware of the issue.

    How to initiate the process (relevant websites, standard forms, submission locations)

    • To first determine how best to resolve your concern, TEA directs you to the Parent Complaint Navigator. (See https://tea.texas.gov/about-tea/contact-us/general-education-complaints.) The Parent Complaint Navigator will tell you how to file your complaint and provide resources. A confirmation email is sent once TEA receives the complaint. In some cases, TEA will connect you with the school district’s superintendent and formally ask the district to reach an agreement about your concern. 

    • To file a complaint directly with TEA, you must complete and submit the General Education online complaint form. (The form is available at https://www.complaints.tea.texas.gov/en-US/.)

    • TEA requires complainants to provide certain information so that the complaint can be appropriately reviewed and assigned by the Division of Compliance and Investigations. TEA will only investigate and/or review compliance with complaints that allege a violation of a federal or state education law or regulation over which the TEA has the jurisdiction, or authority, to regulate.

    • For discrimination/civil rights complaints: Select the box marked “Discrimination/Civil Rights Violations” under Complaint Description. The form then allows the complainant to write a description of the alleged violation, facts, significant dates, and efforts to resolve the complaint. The complainant may upload any documents to support their complaint. 

    Can complaints be filed anonymously or confidentially?

    • TEA accepts anonymous complaints except for special education and educator investigations, but it is strongly encouraged to share contact information to ensure follow up questions. In handling confidentiality, TEA follows the Texas Public Information Act for releasing information. TEA must maintain the confidentiality of all student information protected by the Family Education Rights and Privacy Act. For Public Information Requests, the TEA must ask the Texas Office of Attorney General to exclude specific information from public disclosure. 

    Are there language access requirements for complaint processes?

    • The online complaint form is in English. 

    Are there known barriers to accessing enforcement (filing fees, documentation requirements)?

    • If you have a disability that prevents you from filing a written complaint, TEA directs you to call Complaints Management at (512) 463-3544 for support with your complaint. There does not seem to be a filing fee. Uploading documents is encouraged. Examples of documentation that may be helpful include bullying investigation reports, local grievance decisions, and emails or messages from the school.

    Can complainants have advocates or legal representation?

    • Complaints may be filed by an advocate or an attorney on behalf of the complainant. A FERPA release is required. 

    Are complainants entitled to legal representation or other advocates to file or at any point in the process?

    • TEA will send “a list of attorneys and advocates who provide assistance and guidance to parents.”

  • What are the required elements of the civil rights claim?

    • Complaints that allege that a public school discriminates on the basis of race, color, national origin, sex, or disability in admission or access to, or treatment or employment in, a school district’s programs and activities are under the jurisdiction and authority of the Office for Civil Rights (OCR). TEA implements a review process for school discrimination complaints and informs individuals of the appropriate complaint resolution options. (See https://tea.texas.gov/about-tea/contact-us/general-inquiry/equal-educational-opportunity.)

    Who reviews claims and what timeframes apply?

    • The Jurisdictional Review Unit gathers information to determine whether further investigation is within agency authority; then refers the complaint to one of the following:

      • The Compliance Review Unit,

      • The Self-Reported Data Unit, or

      • The Special Investigations Unit. (See https://tea.texas.gov/about-tea/contact-us/general-education-complaints/special-investigation-procedures.)

    • Once TEA receives your complaint, they may request additional information.

      • You will have 15 calendar days to provide the requested information.

      • If you do not respond within those 15 days, TEA will close the complaint and take no further action.

    • TEA does not specify a timeframe for the investigation.

    What type of investigation may occur?

    • When a complaint is received by the agency, the first stage in the investigation process is to determine whether the agency can appropriately exercise jurisdiction, or legal authority, over the matter. The Jurisdiction Review Unit (JRU) will determine whether further investigation is within the agency’s authority. If TEA has jurisdiction, the investigation is either first attempted to be resolved via Alternative Dispute Resolution or referred to the Compliance Review Unit, the Self-Reported Date Unit, or the Special Investigations Unit. ( See https://tea.texas.gov/about-tea/contact-us/general-education-complaints/special-investigation-procedures.) 

    • The Compliance Review Unit will conduct a compliance review, consisting of a documentation request, notice to the local education agency, and review of the general allegations. Next steps are: administrative closure, an attestation, a corrective action plan, or a referral to the Special Investigations Unit. 

    • If the matter is referred to the Special Investigations Unit (SIU), written notice must be given to the superintendent and board president of the local education agency.

    Who participates in investigations?

    • TEA investigators (CRU or SIU staff).

    • LEA staff, including the superintendent and board president.

    • Witnesses, students, and parents may be interviewed.

    • Complainants are typically interviewed and asked to provide evidence

    Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?

    • No.

    What privacy/confidentiality protections exist?

    • TEA must maintain the confidentiality of all student information that the Family Education Rights and Privacy Act protects. (See https://tea.texas.gov/about-tea/contact-us/general-education-complaints.)

    • Interviews are considered confidential evidence. Investigators will not provide a copy of the interview to the local education agency unless it is evidence relied on for a conclusion in a preliminary report. All evidence collected in connection with a special investigation is confidential as a matter of law and may not be disclosed. (Tex. Educ. Code § 39.004(i), available at https://statutes.capitol.texas.gov/Docs/ED/htm/ED.39.htm#39.004)

    Are school districts required to publicly post civil rights complaint procedures?

    • No.

  • What is the appeals process, if any?

    • Appeal to the Commissioner of Education: A person may appeal in writing to the commissioner if the person is aggrieved by the school laws of this state; or actions or decisions of any school district board of trustees that violate the school laws of this state; or a provision of a written employment contract if a violation causes or would cause monetary harm to the employee. After the local grievance process, the complainant may file an appeal in writing to the Commissioner of Education. ( Tex. Educ. Code § 7.057(a).) If the appeal is governed by this statute, the complainant has 45 calendar days from the date the decision was communicated to you to file a Petition for Review in writing with the Commissioner. ( See https://tea.texas.gov/about-tea/government-relations-and-legal/hearings-and-appeals/texas-education-code-section-7-057-grievance-appeals.)

    • Review of the agency or Commissioner’s decision may be sought in the District Court in Travis County. (Tex. Educ. Code § 7.057(d), available at https://statutes.capitol.texas.gov/Docs/ED/htm/ED.7.htm#7.057.)

    Are remedies legally enforceable once a violation is found?

    Are there other administrative processes that must be exhausted before taking legal action?

    • Yes. A motion for rehearing is a prerequisite to a judicial appeal. The motion must be filed by a party representative within 25 calendar days after the decision is signed. Replies to a motion for rehearing must be filed with the agency within 40 calendar days after the date the decision or order that is the subject of the motion is signed.  Agency action on the motion for rehearing must be taken within 55 calendar days after the date the decision or order that is the subject of the motion is signed. (See https://tea.texas.gov/about-tea/government-relations-and-legal/hearings-and-appeals/texas-education-code-section-7-057-grievance-appeals.)

    Do state agencies publish complaint outcome data?

    • No, the agencies do not appear to publish complaint outcome data.

    What enforcement mechanisms exist for non-compliance?

    • It is not clear whether any enforcement mechanisms exist to address non-compliance with TEA orders.

State Attorney General Enforcement Actions

  • Has the AG taken civil rights actions involving education in the past 5 years?

    What enforcement powers does the AG possess in education-related cases?

    • The Texas Attorney General represents the Texas Education Agency (TEA) in litigation, including by defending TEA decisions and enforcing state education law.

    Does the AG accept individual education civil rights complaints, or does the office only take on broad investigations? (if they do individual complaints, would want to answer the below complaint process questions for the AG’s office)

    • There is a general division for education on civil rights issues. It appears the AG will accept individual civil rights complaints.

  • Does the AG have an office/section dedicated to education or education civil rights issues? (If the AG has sections or offices dedicated to education or children's rights issues, please identify that office when responding to relevant questions above and with respect to the complaint process below.)

    The AG’s office does not have a specific office dedicated solely to education or education civil rights issues. However, the General Litigation office handles civil discrimination, student, and education cases.

Other State Enforcement Systems

  • State Department of Education - relevant divisions and complaint processes

    • Texas Education Agency. (“About TEA,” Tex. Educ. Agency (last visited July 1, 2025), https://tea.texas.gov/about‑tea (stating “[this] is the state agency that oversees primary and secondary public education.”).)

      • A complaint can go through the online system or be mailed in. (Directions for each option are available at “General Education Complaints,” Tex. Educ. Agency (last visited July 1, 2025), https://tea.texas.gov/about-tea/contact-us/general-education-complaints.)

        • NOTE: TEA directs complaints that allege that a public school discriminates on the basis of race, color, national origin, sex, or disability in admission or access to, treatment or employment in, a school district’s programs or activities, to the Office for Civil Rights (OCR). In addition, TEA implements a review process for school discrimination complaints. 

    • Human Rights/Relations Commissions (state and local)

      • Texas Commission on Human Rights

      • Dallas Commission on Human Rights

    • State Civil Rights Departments independent of AG offices

      • Texas Education Agency (TEA)

    Other State Offices with relevant jurisdiction

    The Department of State Health Services handles reports of hazardous conditions or health standards in school facilities.