Written State Complaints

Currently when a complaint is received, IF the complainant uses the state model form AND checks they are interested in mediation AND sign the form then we send their information to our contracted mediation organization which provides free mediation services funded through IDEA dollars…..however, I have noticed we have a very high number of complaints which are filed where the complainant does not use the state model form and so there is no mediation page and no expressed interest in mediation and the state, by practice, does not send those to our contracted mediation organization. Do any of yo

Here is a scenario- complaint report is issued and includes corrective actions directed to a school district.  The school district disputes the complaint report’s findings/conclusions/corrective actions and requests a due process hearing on the same issues as raised in the complaint, as regulations allow. Question- Must the school district comply with the complaint report’s corrective actions or can the school district wait and see where the hearing ends up?

In our state an agreement reached through the resolution process is enforceable through the state complaint process, as well as state or district court.  Recently, the argument has been made by schools that the agreements they enter into with parents are not subject to enforcement through the state complaint process because they: 1. Are “settlement agreements” and not “resolution agreements;” 2. Are enforceable in court upon execution as they do not provide that a party may void the agreement within 3 business days of the agreement’s execution; and 3.

How do you handle complaints from a parent when the parent has an existing settlement agreement with the district that releases all claims? Often in these cases, the parent will file a complaint alleging procedural violations, and the district response will be that the complaint should be dismissed because the existing settlement agreement covers the time period in the complaint and waives all claims related to the education of the child. OSEP addresses the issue in Letter to Anderson (2010) but how does your state address the issue?

Has anyone had a complaint in which the parents and the district have previously entered into a settlement agreement (not a mediation agreement or a due process resolution agreement) which covered the time period of the issues being raised in the complaint? 

Looking at requiring resolution meetings to potentially resolve complaints earlier and reduce the number requiring a decision (increasing the number of withdrawals). 60-day timeline wouldn't be impacted. Feedback on this option?

Does anyone require resolution meetings as part of their written state complaint process (unless parents and district agree to waive it in writing)?

I am dealing with a child find complaint where a private preschool in the district submitted a referral for a student.  The district’s main argument for not complying with the state mandated timeline is that they require proof of residency before holding a referral IEP meeting. Does anyone have any thoughts about this? If a district receives a referral, can they require that the parent prove residency before they hold an IEP meeting?

How do other States handle a Request for Complaint Investigation on the school not getting the family their request of records in a timely manner?

1. Are your state complaint investigators state employees or independent contractors? 2. Do you pay complaint investigators an hourly rate, on a per-case basis, a salary, or other compensation method? 3. What are the minimum qualifications for your state complaint investigators? a. Education background / Special education degree / experience requirements? b. J.D. or attorney in good standing requirement? 4. What are the ongoing training / education requirements for your state complaint investigators? 5.   How many complaint investigators do you have?