Written State Complaints

What do other states do when a third party complainant names multiple students in the complaint? Do any states have written policies or procedures? Do you provide a notice of filing letter to the parents? What if the third party complainant has not provided a release from the parents, what information do you give the complainant? According to our state Administrative Rule, complainants receive a copy of the district’s response and then have 10 days to provide additional information. However, the complainant would be able to determine who the students are.

1. If a third-party (e.g. non-parent) files a formal complaint, do you inform the parent of the student that a complaint has been filed? 2. If so, do you inform them before or after the investigation has taken place? 3. Do you follow different procedures regarding notification to the parent when it is a systemic complaint? For instance, when the complaint is regarding all special education students in a particular class, are all parents notified about the pending complaint investigation? 4.

Do you or the district notify the parent(s) of the student(s) that a complaint was filed by a third party on their behalf? If the third party does not have a release of information from the parent, do you share any information (the district’s written response or the letter of finding) with the third party even if it is redacted?

We’re reviewing a State complaint alleging that an LEA failed to implement testing accommodations for qualifying students with disabilities in last month’s administration of the SAT and PSAT. Our research so far has found that the College Board must approve accommodations for standardized tests it administers and that LEAs may be responsible for failing to implement those accommodations under 504, but haven’t been able to find out if it would also be a violation of the IDEA.

We are restructuring our complaint investigator team. Currently we have a team of investigators who all report to our assistant superintendent of special education. My question is around who signs what. Currently, the assistant superintendent signs the open letters with the issues to be investigated, the written complaint decision, and any extensions to corrective actions (investigators sign other letters like requests for additional information during the investigation).

If a student with an IEP spends time in another country for some of the school year, what is the district’s responsibility with regard to providing services in the IEP?  There are multiple families leaving the country to visit family. They have a determined residence in our state.

Father, who has a strained relationship with student, files a state complaint.  Before the report is issued the student turns 18.  Do other states issue a copy of the report to the parent/complainant without the consent of the now adult student?  It is unknown whether father claims the student as a dependent but we do have information that the student does not want father involved.  Would you treat this as a community member complaint and only issue the report to the school?  District is likely to be found in compliance with no corrective action required.  To whom must the report issue?

For the first time we’ve received a complaint from and signed by a 16 (soon-to-be 17 year old) complainant. There is no evidence that the student is emancipated. Has anyone come across this and have any insight into the following? • Should we request written parental consent from the parent under 34 CFR 99.30 and 300.622 prior to interviewing the student? Our practice is generally not to interview minor students. In this case, it appears we may need to make an exception.

When do you consider a complaint received for the one year occurrence date?   A state complaint may only look back one year.  We have an online complaint system that allows 24 hours, 7 days a week submission.  We received a state complaint one day late based upon when I was able to look at the complaint.  (the a.m. of May 15)  A letter went out telling the Complainant that she missed the one year window but could request a due process hearing.  Complainant states, and it has been verified that she technically submitted the complaint at 11:56 p.m.

1. Do you have a state law/regulation that outlines the complaint process? 2. If yes, could you send me a link to that regulation or the text of the regulation?