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What is a State Complaint?

by | Mar 31, 2020 | Civil Rights, Education, IDEA, IEP, School |

A State Complaint is one of several dispute resolution options available to parents of children under the Individuals with Disabilities Education Act (IDEA). The IDEA requires that all State Education Agencies (SEA) provide this method of relief. When a complaint is filed, the SEA will perform an investigation to determine if there was a violation of the IDEA and the child was denied appropriate services. The SEA can then require that the school district provide compensatory services, monetary reimbursement, and/or provide appropriate services in the future.

The State Complaint process is best used for cases in which the school district has very clearly not complied with the IDEA. For example:

1) Services have not been provided as required by an IEP

2) The parent has requested that their child be assessed to determine eligibility for special education, and school personnel have not followed through on the assessments.

3) The school district hasn’t responded to a request for an independent evaluation regarding parent’s disagreement with school’s evaluation and hasn’t scheduled a hearing to resolve the dispute.

4) The school district hasn’t notified parents of due process procedures and procedural safeguards.

5) School personnel have assessed a student without getting the parent’s consent.

If the issue involves clear violations of the IDEA, the State Complaint process may be the best option for you. Please feel free to contact us at (303) 863-4256 for a free consultation!