Written State Complaints

Are you all seeing increases in the number of special education complaints filed this FFY? If so, do you all have any ideas about the causes of the increase, and what steps are you all taking to address those causes? (posted 11/2022)

Have any of you all seen an increase in special education complaints this year?  If so, what kind of increase? (posted 6/2022)

Upon completion of a state complaint investigation, if the SEA orders the district to conduct a comprehensive evaluation for a student who not yet eligible, how would you write the order for compensatory education/services? Would you order the evaluation and upon completion, if determined eligible, the SEA will then order comp ed…..or do you order the evaluation and state if the student is determined eligible then the district shall determine comp ed based on the number of weeks and program time in the initial IEP…..or do you have another method?

Has anyone ever had a complainant move to a different LEA during a complaint investigation and not notify you? The corrective action was to hold an IEP meeting to determine whether comp ed was necessary. The district is unsure what to do since the child moved and I have never had this happen before.

Does your state consider the 60 day deadline met when the formal evaluation is actually conducted and/or finished or when the evaluation report is complete and is ready for review by the eligibility determination team? Is there some other triggering event that must occur for the LEA to meet the 60 day evaluation deadline?

Does anyone use Voluntary Resolution Agreements such as those found in OCR complaints for IDEA complaints? Would that even be permitted? Obviously parties can reach their own settlement agreements, but this would be between the agency and the LEA?

If a parent does not forward a copy of the complaint to the district (per federal regulations), does your state find the complaint insufficient? If your state does not find the complaint insufficient what occurs when a parent does not send a copy to the district? If your state does not find the complaint insufficient when the parent does not forward the complaint, when does the 60 day timeline for the complaint start? Does your state forward the complaint (as part of your complaint process) to the district for the parent (regardless of whether or not the parent has forwarded the complaint to the district)? If your state forwards a copy to the district as part of your process (regardless of if the parent forwards a copy to the district), when does your state start the 60 day timeline (i.e. when it is received by the state)? 

How does your state handle complaints which go to mediation but are not completely resolved (do not contain a withdrawal of the complaint)? Do some of you close the complaint before, during or after the mediation? If you close, what information do you use to close the case?

Our office has had a major shift in complaint numbers and we need to find another way to divide complaint caseloads.  Can you all provide feedback as to how you assign complaints and ensure balanced caseloads? 

Does anyone use Voluntary Resolution Agreements such as those found in OCR complaints for IDEA complaints? Would that even be permitted? Obviously parties can reach their own settlement agreements, but this would be between the agency and the LEA?