Parents sometimes file special education complaints when they believe that their child's school has failed to provide appropriate services or have violated the Individuals with Disabilities Education Act in a way that seriously impacts their child.
Difficulty: Average
Time Required: The complaint process is variable. Up to 60 days from filing a complaint until completion.
Here's How:
- Learn about ways school disability conflicts are resolved. Read about the most common reasons schools refuse to provide services.
- Filing a formal complaint is a serious matter. Most often, parents file complaints when they feel there is no other way to resolve the problem or that relationships with the school have become so difficult that a state investigator must address the problem. Learn about complaints, and explore other ways that IDEA disagreements are resolved.
- Make a draft list of ways you believe the school has broken IDEA requirements and the evidence you have to support your claims. For example, you may believe the school has not provided speech therapy on your child's IEP. Evidence to support this might be your child's regression, that the therapist has not sent you progress reports, or that witnesses have signed statements on your child's behalf. Make copies of your evidence to submit to the state and the local district. Always keep your originals.
Use your draft list to complete your final complaint in step 4.
- Use my model complaint cover letter and complaint forms to submit your formal complaint to your state's department of education. You may fill out this form, write your own letter, or contact your state to get an official state form. Most states will allow you to write and submit your own letters. Download and print a copy of my sample letter and forms:
Sample Cover Letter:
Sample Complaint Form:
- Find your state's department of education office of special education contact information. You can find addresses and telephone numbers located at the top of my state-by-state listings at "Where to Find Help." The IDEA also requires that you send a copy of the complaint to your school district as well. I recommend you send it to your district's superintendent. You can get the name and address of your local district superintendent from the central office for your area schools.
- Mail your complaint and wait. Call within a few days to ensure it was received. Keep a record of the names of the person you contact, and write down any additional information he or she may provide to you. If your department of education or local district require additional information from you, provide it in a timely manner.
- Your state's office of special education will contact you to explain the complaint process. In most cases, states will attempt to help you and the district resolve the matter amicably if possible. Most likely, mediation services will be offered to you.
- The IDEA requires that special education complaints be resolved within 60 days. Most states allow local school districts the opportunity to conduct their own internal investigations of your complaint. In those cases, the school district must include you in the investigation process and allow you to present evidence to support your allegations. Districts must submit their findings to the state department for review. Further, if the district investigates, and you disagree with the findings or feel you were not included in the process, you may report this to your state's department of education.
- If your local school district chooses not to conduct a self-investigation, your state's department of education will conduct the investigation and issue a final report. Regardless of who conducts the investigation, if violations are found, the district must correct them within the timelines stated in the report. If either party disagrees with the findings, they may file an appeal. Your state's department of education can provide you with further details on the appeals process.
- Need help with filing a complaint? Try these resources:
- Enroll in my Advocacy Academy
- Need help from a real live person? Find free and low-cost advocacy services in your state on my "Where to Find Help" page. You'll find advocacy services in your state listed under "Disability Advocacy Services."
- Be aware that public advocacy agencies are feeling the crunch of government budget cutbacks, and many are cutting their caseloads and are beginning to charge fees if they attend meetings with you. However, many effective advocates are still available at little or no cost. Your state's department of education office of special education is a good place to get reliable referrals to competent advocacy agencies and help you avoid scam artists.
