Special Education Conflicts - Resolving Special Education Conflicts Through Complaints
As the parent of a child with a specific learning disability or other type of disability, you may experience times when there are problems with your child's school that you have been unable to resolve through the IEP team meeting process.
In most cases, conflicts regarding LD programs can be resolved at the local school district level through negotiating with school and district administrators. Your state government's department of education can sometimes assist with informally resolving issues through consultation or by providing mediation services to parents and districts to help them resolve conflicts. When other efforts fail, parents may consider filing a formal complaint, depending on the types of problems they are experiencing. Learn what you need to know before you file.
Understanding Special Education Conflict Resolution - What is a Formal Complaint?
Under the Individuals with Disabilities Education Act, a formal complaint is a written statement alleging a school district has violated the IDEA rights of a child with disabilities or has broken special education laws and regulations.
Special Education Conflicts - Who Can File a Formal Complaint?
Formal complaints may be filed by anyone knowledgeable of the child and the allegations of concern, but typically the child's parents or guardians are the complainants.
How is a Formal Special Education Complaint Filed?
IDEA 2004 requires that the formal complaint be submitted in writing to both the local school district and the state's department of education. State education offices can typically assist you by:
- Providing a state form, if there is one, to assist you with filing;
- Offering assistance in resolving your complaint through alternative means such as mediation, consultation, or a due process hearing;
- Providing general guidance on how to submit a letter of complaint and contact information for district administrators responsible for addressing complaints;
- Providing information on your rights as a parent and resources to help you determine if your concerns can be resolved through the special education formal complaint process.
Understanding Complainable Special Education Issues - What Issues can be Addressed Formal Written Complaints?
Issues are allegations that a school or district has violated one or more of your procedural child's rights as a student with a disability by failure to follow required procedures under the IDEA. Common issues parents complain about include the school's failure to:
- Evaluate a child and diagnose a disability;
- Develop and implement an appropriate Individual Education Program;
- Accept a referral for assessment
- Develop and implement an appropriate behavior intervention plan; and
- Provide necessary related services such as occupational, physical, or speech therapy, or counseling services.
What Cannot be Addressed in a Formal Complaint?
An IDEA formal complaint cannot address:
- General school issues that are not related to special education regulations or your child's special education programs.
- IDEA issues where resolution requires a judgment based on the weighing of evidence, testimony, and cross-examination, as in a due process hearing;
- Disagreements between the parent and school regarding the appropriateness of a program, placement, the necessity of related services, or other qualitative issues where the question is, "What is appropriate?" These matters must also be resolved through a formal due process hearing or mediation.
What Happens After a Formal Complaint is Filed?
- Upon receiving your letter of complaint, the state education agency assigns an investigator to review it.
- The investigator reviews your complaint and may contact you to discuss it. The state department will issue a letter to you and to the district that states:
- The specific IDEA issues related to your allegation;
- The details of how the investigation will proceed; and
- Alternatives available to you if your issues cannot be resolved through this process.
- School districts typically have the option of conducting a self-investigation and may choose to hold a resolution meeting with you to attempt to resolve the matter.
- If the district chooses not to conduct a self-investigation, the state's department of education proceeds with their investigation of the complaint.
