State Complaint Procedures: ( Dixie R. Galvez) (16085E Lancashire Dr. U.S.A ( Dixiergalvez@gmail.com)

 

State Complaint Procedures:

Differences Between Due Process Hearing and 

State Complaint Procedures:

The regulations for PART B of IDEA set forth separate procedures for state complaints and for due process complaints and hearing. As explained below, any individual or organization may file a state complaint alleging a violation of any PART B requirements by a school district, the Department of Education, or any other public agency. Only you or a school district may file a due process complaint on any matter relating to a proposal or refusal to initiate or change the identification, evaluation, or educational placement of a student with a disability, or the provision of a FAPE to the student. Although staff of the department of Education generally must resolve a state complaint within a 60 calendar day timeline, unless the timeline is properly extended, an impartial due process hearing officer must hear a due process complaint ( If not resolved through a resolution meeting or through mediation) and issue a written decision within 45 calendar days after the end of the resolution period, as described in this document under the heading  Resolution Process, unless the hearing officer must grant a specific extension of the timeline at your request or the school district request. The state complaint and due process complaint, Resolution, and hearing procedures are described more fully below

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Adoption Of State Complaint Procedures;

34 CFR section 300.151

General

The Department of education must have written procedures for:

1.) Resolving any complaint, including a complaint filed by an organization or individual from another state;

2.) Widely disseminating the state complaint procedures to parents and other interested individuals, including parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities.

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Remedies For Denial Of Appropriate Services:

In resolving a state complaint in which the Department of education has found a failure to provide appropriate services, The Department of Education must address:

1.) The failure to provide appropriate services, including corrective action appropriate to address the needs of the student; and

2.) Appropriate future provision of services for all children with disabilities.


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Minimum State Complaint Procedures

34 CFR Section 300.152

Time limit; Minimum Procedures

The Department of Education must include in its state complaint procedures a time limit  of 60 calendar days after a complaint is filed to:

1.) Carry on  an independent on site investigation, if the Department of education determines that an investigation is necessary;

2.) Give the Complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;

3.) Provide the school district or other public agency with the opportunity to respond to the complaint,

including, at a minimum: 

a.) At the option of the agency, a proposal to resolve the complaint; and

b.) An opportunity for a parent who has filed a complaint and the agency to agree voluntarily to engage in mediation;

4.) Review all relevant information and make an independent determination as to whether the school district or other public agency is violating a requirement of PART B of the IDEA; and

5.) Issue a written decision to the complaint that addresses each allegation in the complaint and contains;

    a.) Findings of fact and conclusions; and

    b.) The reasons for the Department of Education is Final decision..

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Time extension; Final decision; Implementation:

The Department of Educations procedures described above also must:

1.) Permit an extension of the 60 calendar day time limit only if;

    a.) Exceptional circumstances exists with respect to a particular state complaint; or

    b.) The parent and the school district or other public agency involved voluntarily agree to extend the time to resolve the matter through mediation or alternative means of dispute resolution, If available in the state.


2.) Include procedures for effective implementation of the department of educations final decisions, if needed, including:

    a.) Technical assistance activities;

    b.) Negotiations; and 

    c.) Corrective actions to achieve compliance.

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Note: Complaints  limited to gifted education are covered by state Board of Education Rule 6A-6.03313, Procedural Safeguards For Exceptional Students who are gifted, and have a 90 calendar day limit unless there is a approval extensions for exceptional circumstances.


State Complaints and Due Process Hearings:

If a written state complaint is received that is also the subject of a due process hearing as described below under the heading Filing a Due Process Hearing Request, or the state complaint contains multiple issues of which one or more are part of such a hearing, the state must set aside the state complaint, or any part of the due process hearing, until the hearing is over. Any issue in the state complaint that is not a part of the due process hearing must be resolve using the time limit and procedures described above.


If an issue raised in a state complaint has previously been decided in a due process hearing involving the same parties ( You and the school district), Then the due process hearing decision is binding on that issue and the Department Of Education must inform the complainant that the decision is binding. A complaint alleging a school district or other public agency failure to implement a due process  hearing decision must be resolved by the Department of Education.

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Filing A State Complaint:

34 CFR Section 300.153

An organization or individual may file a signed written state complaint under the procedures described above.


The State Complaint must include:

1.) A statement that a school district or other public agency has violated arequirement of PART B of the IDEA or its regulations, or state requirements;

2.) The Factors on which the statement is based;

3.) The signature and contact information for the complainant; and

4.) If alleging violations regarding a specific student; and

    a.) The name of the student and address of the residence of the student;

    b.) The name of the school the student is attending;

    c.) In the case of a homeless student or youth, available contact information for the student and the name of the school the student is attending;

    d.) A description of the nature of the problem of the student, including facts relating to the problems;and

    e.) A proposed resolution of the problem to the extent known and available to the party filing the complaint at the time the complaint is filed.


The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is receive.

The party filing the state complaint must forward a copy of the complaint to the school district or other public agency serving the student at the same time the party files the complaint with the Department of Education.

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