Written State Complaints

Do any states have a policy or procedure (whether formal or informal) for monitoring or enforcing IDEA provisions where the concerns arose not through part of the SEA’s formal monitoring processes, or through a state complaint?  In investigating state complaints, if we see additional issues, we can add those to the complaint issues.  But sometimes we become aware of issues that are not related to a current complaint, or in monitoring for compliance with hearing decisions, we come across something else that needs to be addressed.  Is there a process that anyone uses to require compliance genera

Does your agency’s general counsel reviews State complaint decision letters before they are issued?

My team is working on a complaint investigation where we are dipping our toe into the “free” part of FAPE during the ongoing impact of the COVID-19 pandemic. We were wondering if any other states have addressed this in a complaint (or due process). I’ve listed some of our specific questions below. We would appreciate any insights or if you are willing to share a decision that addresses anything similar. Has any state issued a decision related to COVID-19 allegations and remote learning that address the following.

We received an information request for special education complaint information. I am just curious if any of the states who do not post the decisions have had a similar request and what information you provided for it?

How are other complaints specialists making FAPE determinations?  Meaning whether services, goals, accommodations are providing FAPE, or whether a parent's request is necessary for FAPE.  At this point it's a blurred line between what is a complaint and what is due process. 

How are states addressing complaints in which it is alleged that an LEA failed to implement a student’s IEP because the LEA was not able to employee a qualified individual.  When an investigation is conducted and a violation is identified, what corrective actions does the SEA require? How does the SEA address situations in which the LEA is unable to secure a qualified individual to fill the vacant position?

1. Has anyone else found an ADA accommodation request to be an exceptional circumstance? 2. What are “exceptional circumstances” you’ve extended the 60-day timeline for? 3. Has anyone had similar ADA accommodation requests for extensions to timelines? 4. Does your agency have an internal process to consider ADA accommodation requests in administrative complaint processes (IDEA, Title I, etc.)?

We are considering the development of an exit survey in order to assess the accessibility and effectiveness of our state complaint system and we have the following questions: 1) Would any of the states that utilize an exit survey for state complaints be willing to share their tool with us?  2) When do you issue the survey (i.e., before the findings are issued, after the findings are issued, after the case is closed, etc.)?  Do you wait some length of time before providing the survey?

How many states allow settlement agreements to be enforced through the state complaint process?  Does your state have a specific statute or regulation that allows this? 

We are considering whether to allow use of our state complaint system for disputes over enforcement of mediated agreements (in addition to the IDEA’s use of courts for this purpose.)  I would like input from others who have experience with doing this, including information about pros and cons of how this has worked out.