STatewide Advocacy Network on Disabilities
Guidelines for Filing Special Education Complaints
By: Nikole Whitehead
Many times parents contact STAND needing to file a formal complaint. The questions they have may include, where, how, and what kind of complaint do I file? It can be confusing. There are discrimination complaints, non-compliance complaints, procedural, programmatic, etc. And there are different agencies charged with enforcement of different laws regulating the education of students with disabilities. Here are some basic guidelines on filing an educational complaint if you have not been able to reach a resolution with your local school.STATE COMPLAINTS FOR VIOLATIONS OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
When to file a State Complaint:
Some common examples of violations which would warrant a state complaint are: failing to provide a student’s records, failing to evaluate or assess a student suspected of having a disability, failing to convene an IEP meeting on an annual basis or in a timely manner, failing to allow full parental participation in an IEP meeting, failing to implement an agreed upon IEP, failing to give appropriate notice before changing, or refusing to change an IEP. Also, failing to address all elements of an IEP such as goals and objectives, placement, related services, transition plans, assistive technology, etc. could warrant a complaint.How to write a State Complaint:
First you need to identify the potential violation. State complaints are generally filed with the Florida Department of Education (FDOE) for violations of the Individuals with Disabilities Education Act (IDEA). Do the research regarding these violations, or contact a certified STAND advocate if you have questions regarding what constitutes a violation. Documentation of all conversations, paperwork, and IEPs are critical to establishing the evidence needed to present your complaint. Attempt to mediate the difficulties and reach resolution with the school. If that is not successful, decide what issues will go forward in complaint form.Separate any Section 504 of the Rehabilitation Act issues from IDEA concerns. Once again, your STAND advocate can be of assistance with this, or there are websites such as www.Wrightslaw.com that can clarify these questions. What to write in a State Complaint:
In the written complaint, identify the child, school, and district (county), along with any other personally relevant information. Give a brief, but thorough history of events relevant to the complaint. It is not necessary to detail matters which do not directly impact on the violation. Include dates, times, district personnel names, and locations as necessary. State all the facts on which the complaint is based. Do not include emotional statements. Do not state legal conclusions such as “they broke the law.” Identify each violation separately and succinctly. It is not necessary to list citations of law pertaining to the violations, but if written by an advocate, this may be done.State complaints, must by federal law, include a remedy or suggested solution to the problem. The complaint must include how to remediate the denial of services, including as appropriate: awarding of monetary reimbursement (possible reimbursement for private services for example), other corrective action appropriate to the child’s needs such as compensatory time, and appropriate future provision of services for all children with disabilities. The suggested remedy is just that, a suggestion, and may or may not be ordered by the FDOE as a remedy. Make appropriate suggestions for remedy, in other words, let the punishment fit the crime.It is also a requirement that the parent sign the complaint. We also recommend that parents provide a telephone number where they can be reached. Please note, when contacted by the FDOE after filing a complaint, the representative may offer a parent the right to mediate the issues. If a parent feels that mediation will not be productive, it is imperative that the parent clearly deny the option of mediation and clearly instruct the FDOE representative to proceed with the complaint as filed. If mediation is accepted, the parent’s complaint will be held in abeyance and the timeline extended indefinitely until mediation is complete. Mail state complaints (we recommend certified return receipt) to:
Patricia HowellorEileen AmyFlorida Department of Education325 W. Gaines StreetRoom 614, Turlington BuildingTallahassee, FL 32399-0400Follow through:
After filing the state complaint, follow through with the complaint timelines. The FDOE has 60 days to complete the investigation and make a determination. Timelines for investigation of a state complaint may only be extended in “exceptional circumstances.”The FDOE will make its conclusions in writing. Review the recommendations made by the state. Review and monitor any corrective actions ordered by the state. Orders may also contain technical assistance activities, negotiations, and corrective actions to achieve compliance for effective implementation of the SEA’s (State Educational Agency – in Florida this agency is the Florida Department of Education) final decision.Should enforcement of the order become an issue, call the FDOE and register an enforcement complaint in writing.GENERAL COMPLAINT NOTICE
Discrimination complaints are another category of complaints usually filed with the United States Department of Education Office for Civil Rights for violations of Section 504 of the Rehabilitation Act of 1973. Those types of complaints will be discussed in another STAND article. Or you may go to the United States Department of Education Office for Civil Rights website where there is an online complaint form and a thorough description of how to file a complaint. Parents should be informed of all their procedural safeguards. Be aware of alternatives to formal complaint procedures such as mediation and due process. It is the affirmative obligation of the school district to notify parents of all their rights when a dispute arises. Please contact your district for that information, and be aware that the tri-fold brochure offered to parents at their IEP meeting is a “summary” and certainly not the comprehensive procedural rights that are available under state and federal laws. 