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State complaint

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A state complaint is a signed, written complaint to the state education agency alleging that a school or district violated a requirement of IDEA.

Topic: IDEA, law and procedure

In plain terms

Anyone can file a state complaint, including a parent, an advocate or an organization, and it can concern one child or a group. The complaint must describe the violation, which must have happened no more than one year before it is filed. The state generally has 60 days to investigate and issue a written decision, and it can order corrective action, such as compensatory services or staff training.

How it shows up in an IEP

State complaints often turn on whether the IEP was implemented as written: were the minutes delivered, were progress reports sent, were accommodations provided. Service logs and progress data are the evidence that answers those questions.

Example

A parent files a state complaint saying the IEP's 30 weekly minutes of occupational therapy were missed for two months. The investigation finds the gap and orders makeup sessions.

The rule

Federal reference: 34 CFR §300.151, 34 CFR §300.153.

Rules vary by state. Check your state's regulations and your district's procedures.

Related terms

  • Due process complaintA due process complaint is a formal request for a hearing before an impartial officer to resolve a special education dispute between a family and a school.
  • Procedural safeguardsProcedural safeguards are the rights IDEA gives parents and students, and the steps schools must follow, to keep special education decisions fair.
  • Compensatory servicesCompensatory services are extra services provided to make up for special education or related services a student should have received but did not.
  • Service minutesService minutes are the amount of time, written in the IEP, that a student will receive each special education or related service.
  • MediationMediation is a voluntary, confidential process where a trained, impartial mediator helps a family and a school reach agreement on a special education dispute.

On IEP Atlas

This page describes special education terms and federal rules in general terms and is not legal advice. Our editorial policy explains how IEP Atlas writes and reviews content. Browse all 244 terms.