When we think of parents filing complaints against school districts regarding special education services, we usually think of mediation, resolution sessions, due process hearings, and possible court cases. However, there are additional, less well-known, complaint resolution systems that the parents of students with disabilities may use.  This blog post will briefly examine the filing of complaints with a state.

The IDEA includes requirements regarding mediation, resolution sessions, due process hearings, and court cases but does not address state requirements for developing and implementing a state complaint procedure (SCP). Nonetheless, the U.S. Department of Education has determined that states must develop, offer, and implement a SCP system. According to the U.S. Department of Education in 2006, “we believe that the State complaint process is fully supported by the (IDEA) and necessary for the proper implementation of the Act and these regulations” (Federal Register, 2006). Therefore, the SCP process is written into the regulations implementing the IDEA. The regulations of the IDEA require each state to establish and implement written procedures for resolving any complaint that meets the definition of a state complaint set forth in the regulations (IDEA Regulations, 34 C.F.R. § 300.151[a][2]).

Information on your state’s SCP can most likely be found on the webpage of the state’s special education office or department. State’s SCP must be communicated widely to parents and others by including information on the complaint process in the procedural safeguards notice provided to parents (IDEA Regulations, 34 C.F.R. § 300.151[a][2]).

Filing a state complaint usually requires that a student’s parents or other organization go online and find the state’s SCP and then submit a formal complaint reporting a possible violation of a student’s special education rights and requesting that the state investigate the issue. The complaint is also sent to the school district (called the local education agency or LEA). State personnel are then responsible for investigating the complaint and deciding about the legitimacy of the complaint. 

Regulations to the IDEA require that the complaint filed with a state must include (a) a statement that the school district has violated the IDEA, including the facts on which the allegation is based; (b) the signature and address of the person or organization filing the complaint; (c) the name and address of the student and the name of the school he or she is attending; (d) a description of the problem the student exhibits; and (e) a proposed solution (IDEA regulations, 34 C.F.R. § 300.153). States are also required to develop forms for filing state complaints, although parents are not required to use such forms. Parents or organizations may file complaints, however, schools may not.

State complaints must be filed within 1 year of the alleged violation. Although states may increase this statute of limitations, states cannot shorten the statute of limitations. So, for example, if a parent had an issue with a school’s provision of a FAPE during the 2020 to 2021 COVID pandemic, it may be too late to file a complaint now (in September 2023).

After a state complaint is received, if state officials determine that a full investigation is necessary, then the investigation must be conducted onsite. The SEA has 60 calendar days from the date the complaint was received to conduct its investigation and issue the written decision unless extenuating circumstances exist. The regulations of the IDEA specify two allowable reasons for extending the 60-day time limit for the CPR resolution. Under the IDEA, states may extend this time limit only if: (1) exceptional circumstances exist with respect to a particular complaint; or (2) the parent is engaged in mediation or in another alternative means of dispute resolution, which are available under a state procedures and the involved school district officials agree to extend the time to engage in mediation or other alternative means of dispute resolution (IDEA Regulations, 34 CFR §300.152[b][1]).

When investigating a school district, state personnel must review all relevant information and make an independent determination as to whether a school has violated a requirement of the IDEA. State personnel must allow personnel in the school district to respond to the complaint. Additionally, a parent must be given an opportunity to add additional information or to amend a complaint. Moreover, voluntary mediation be offered to both parties involved in the complaint (IDEA Regulations, 34 C.F.R. § 300.152[a][3][ii]). Following the investigation, the SEA must issue a written decision that addresses each of the allegations in the complaint and include findings of fact and conclusions, and the reasoning behind the final decision.

If the SCP ends with a decision that a school district violated the IDEA, the SEA must address the failure of the school district and prescribe corrective remedial actions (IDEA Regulations, 34 C.F.R. 300.151[b][1]). Such remedial actions could include compensatory services, monetary reimbursement, and appropriate future provision of services for all students with disabilities. States have broad flexibility to determine appropriate remedies to address the denial of appropriate services to an individual child or group of children and usually may award any remedy for a violation that a court or hearing officer may award. The final report completed by state personnel must also include procedures to assist school districts to effectively implement the SEA’s corrective actions, which may include technical assistance activities and actions to achieve compliance.

If a school district fails to implement a corrective action related to the state complaint, parents have the option to file a request for a due process hearing on the same issue as alleged in the state complaint. But before resorting to the due process hearing option, parents are encouraged to work with the school district to implement the corrective actions in the state complaint. Whether the state’s resolution of a complaint is subject to appeal to a state or federal court is a matter of state law. Hearing officers do not have the jurisdiction to review or enforce the state’s SCP, nonetheless, a state’s decision in the SCP is enforceable in court (Beth V. v. Carroll, 1996).

Two great sources of information on the SCP are the following documents: Dispute Resolution Procedures under Part B of the Individuals with Disabilities Education Act published by the Office of Special Education Programs in 2013, and IDEA Special Education Written State Complaints developed by the OSEP-funded Center for Appropriate Dispute Resolution in Special Education or the CADRE Center in 2014.