Written State Complaints

A Written State Complaint procedure must be available under IDEA in every state. Each State Educational Agency must have written procedures for: resolving any complaint; the filing of a complaint with the State Educational Agency; and, widely disseminating the State complaint procedures.

In resolving a State complaint in which the State Educational Agency has found a failure to provide appropriate services, the State Educational Agency must address: the failure to provide appropriate services, including corrective action; and, appropriate future provision of services for all children with disabilities.

Full legal requirements may be found at: 34 CFR 300.151-153 (see page 46770 of full IDEA Regulations at: https://www.ecfr.gov/cgi-bin/text-idx?SID=8d443902b9bf5e1cef976ef4c93cbb2e&mc=true&node=sg34.2.300_1150.sg12&rgn=div7.

An OSEP approved Procedural Safeguards notice, including a specific description of written complaints (see page 14-17) is available at: www2.ed.gov/policy/speced/guid/idea/modelform-safeguards.pdf.

OSEP’s topical brief on Written Complaint Procedures can be found at: https://sites.ed.gov/idea/files/State_Complaint_Procedures_10-4-06.pdf.

A Complaint Assistance IEP (CAIEP) meeting is an IEP meeting that is facilitated by the representative of the public agency who directs special education programs within the public agency, and who has decision-making authority on behalf of such agency. This special type of IEP meeting is intended to provide parents with an opportunity to discuss disputed IEP-related matters, and to provide the public agency with an opportunity to address and resolve their concerns.

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