Written State Complaints

If at a Disposition of Referral meeting the team determines that the student does not need evaluations for specialized instruction (special education) but rather an FBA to address the student’s behavior (the student is accessing the general curriculum fin

If at a Disposition of Referral meeting the team determines that the student does not need evaluations for specialized instruction (special education) but rather an FBA to address the student’s behavior (the student is accessing the general curriculum fine with a 504) and the parent disagrees with that proposal, what are the options after that?  Is there any grounds for complaint?

Has anyone refused to accept a state administrative complaint whose sole purpose was to annoy or harass a school district?  Parent has utilized multiple dispute resolution options.  She has admitted she merely wants to file because she can.  Her child is

Has anyone refused to accept a state administrative complaint whose sole purpose was to annoy or harass a school district?  Parent has utilized multiple dispute resolution options.  She has admitted she merely wants to file because she can.  Her child is no longer enrolled in the district and she provided no proposed resolution in her  current complaint and when asked she verbally responded she doesn’t care what happens.  I understand that anyone can file a state complaint notifying the SEA of potential non-compliance and I have assigned it for investigation, however, I am wondering at what po

How does the timing play out in this situation: A student is involved in a fight and the school district issues a 10 day suspension whereby the student is out of school the next day and for the following 10 days.  The district schedules a manifestation r

How does the timing play out in this situation: A student is involved in a fight and the school district issues a 10 day suspension whereby the student is out of school the next day and for the following 10 days.  The district schedules a manifestation review for a week later but has to reschedule.  The manifestation review is held 10 days after the incident.  The conduct is found to be a manifestation of the student’s disability but the student has already served the 10 day suspension.  Violation?  I am struggling with how to reconcile the regulation “Within 10 school days of any decision to

Parent, prior to school closure submits a request for initial evaluation.  School, after closure, holds a review of existing data meeting and determines that additional data does need to be collected in order to determine eligibility.  BUT school defers/d

Parent, prior to school closure submits a request for initial evaluation.  School, after closure, holds a review of existing data meeting and determines that additional data does need to be collected in order to determine eligibility.  BUT school defers/delays having parent sign consent to evaluation until school resumes.  (which is here will be next school year at the earliest).  Question: Can a district delay the signing of consent to evaluate in order to avoid a 60 (or 90 day in AZ since we allow a 30 day extension) timeline?  Consent would be obtained when school resumed and the evaluation

Our Superintendent of Public Instruction has indicated she has heard there have been complaints filed regarding COVID-19, in CT, CA, VA, and WV, and perhaps other states.  Can CT, CA, VA, and WV confirm, or provide any information concerning these complai

Our Superintendent of Public Instruction has indicated she has heard there have been complaints filed regarding COVID-19, in CT, CA, VA, and WV, and perhaps other states.  Can CT, CA, VA, and WV confirm, or provide any information concerning these complaints?  And if any other states are seeing an increase in due process filings as a result of COVID-19, can you please share?  I suspect we will all see an increase as this virus spreads. Posted 3/30/2025

Our Superintendent of Public Instruction has indicated she has heard there have been complaints filed regarding COVID-19, in CT, CA, VA, and WV, and perhaps other states.  Can CT, CA, VA, and WV confirm, or provide any information concerning these complai

Our Superintendent of Public Instruction has indicated she has heard there have been complaints filed regarding COVID-19, in CT, CA, VA, and WV, and perhaps other states.  Can CT, CA, VA, and WV confirm, or provide any information concerning these complaints?  And if any other states are seeing an increase in due process filings as a result of COVID-19, can you please share?  I suspect we will all see an increase as this virus spreads. Posted 3/30/2024
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