Written State Complaints

When a complaint comes in, we assign it a case number and open a file on our database. The complaint is reviewed and the complainant is called to clarify issues/claims, as needed. Upon review, if the complaint does not meet the requirements of a complaint (e.g. alleges something that, even if true, is not an IDEA violation), the open complaint is dismissed and closed.  Is this how your state would proceed (open and then dismiss)?  Or, using my example, would the complaint not even be opened in the first place?

Have any of you all ever received a special education complaint concerning child find obligations for a student who is parentally enrolled in a virtual, private school?  If so, how did you approach the investigation?  Were there any resources that helped you investigate/resolve the complaint?

We are trying to modernize some of our systems. I am wondering whether any of you have a system that allows for the online submission of ADR requests, complaints and due process hearing requests. If so, please let me know and also if you could, provide a little feedback on whether that is working well.

Do any states accept complaints submitted online? If so, what program do you use for the form submission, and how do the complainants provide a copy to the district?

Do any states use an online form for written stat complaints? If so, how are requirements related to electronic signatures are met?

I’m investigating a complaint that raises concerns about a student’s access to an aftercare program located at a campus of the LEA we are investigating, which we’re investigating under 34 CFR §300.307 & 317 -  failure to take steps…to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.

Do you think it is fair/allowed for an investigator to draw an adverse inference when a Board fails to produce documentation that would put the Board in a good light or when they fail to produce staff to be interviewed?  I know there is no burden of proof duty in complaints and the investigator must find the facts. I asked to interview a number of staff and the Board was only able to produce a few staff members.  Granted it is summer etc…

For states that use monetary compensation, what is the determining factor in ordering monetary compensation versus ordering compensatory services? Additionally, after a decision has been rendered to require a district to provide compensatory services, have any states required a district to provide monetary compensation if the district has not met its obligation under the decision?  If so, what were the circumstances?

Complaint has been filed – by the parent- and a settlement agreement is referred to in complaint but not provided to the investigator. District takes position that given agreement, state has no jurisdiction to proceed with investigation.  Both parent and district do not think they can share agreement with investigator due to confidentiality requirements 34 CFR 300.506(b).  Any experience with this?  Questions:  Should investigator ask to see agreement or just proceed with investigation without considering agreement?

Have any of your mask complaints alleged that the failure to require masks for all students discriminated based on disability by failing to provide an equal educational opportunity for students with disabilities who are at a heightened risk of severe illness from COVID-19? This is a complaint we've just received. At this time, and without any further information, We are declining to investigate as there are no facts alleged to show any student has been denied a FAPE, and the requested remedy is that we order a mask mandate in the school.