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.

Voices from the Field: Patricia Williams

Patricia Williams is a consultant with the Wisconsin Department of Public Instruction who works in the area of special education procedural compliance. She is the coordinator for the State IDEA complaint process and is the liaison to the Due Process Hearing System. Patricia is a former WDPI liaison...Learn more

Voices from the Field: Cindy Swain

Cindy Swain coordinates special education complaint investigations for the Texas Education Agency. She currently manages the state's IEP facilitation initiative in Texas and serves on the Texas Council for Developmental Disabilities and the State Task Force for Children with Special Needs. As a...Learn more

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