The Individuals with Disabilities Education Act1 (IDEA) provides two alternative administrative, decisional dispute resolution mechanisms: due process complaints/hearing (DPH) and the state complaint system. The state complaint process has garnered far less attention than that devoted to DPH. To help fill the gap, this analysis of state complaint outcomes trends is a sequel to a recent article analyzing the frequency trends of state complaints. The authors conducted a longitudinal and jurisdictional analysis of the frequency of state complaint filings and decisions for the eleven-year period from 2008–09 to 2018–19. The findings included (1) fluctuating longitudinal frequency for both filings and decisions, with a gradually upward trendline; and (2) a marked concentration, although less than that for DPH, among the “top” group of the fifty-one jurisdictions. This exploratory analysis of state complaint outcomes is intended to advance more systematic and careful attention to this decisional dispute resolution avenue at a level comparable to the continuing analysis of the IDEA’s more well-known DPH mechanism. Subsequent steps should include both quantitative and qualitative analyses of state complaint processes at both national and state levels.
The Center for Appropriate Dispute Resolution in Special Education
Supporting the prevention and resolution of disputes through partnership and collaboration