What happens after a special education complaint is filed?

Posted: Fri, 09/09/2011 - 9:55am Updated: Fri, 10/14/2011 - 12:26pm
Answer: 

The DOE assigns a complaint investigator who will contact the school and the person filing the complaint.

Within ten (10) days from the date the DOE receives the complaint the school has the option to:

  • Provide a written response to the DOE;
  • Resolve the disagreement with the person filing the complaint, including;
    • Putting the agreement in writing;
    • Having the person filing the complaint and school representative sign the agreement;
    • Sending a copy of the written agreement to the DOE; and
    • Notifying the DOE if any issues still need to be investigated;
    • Agree with the parent filing the complaint to engage in mediation (the mediation must be completed within 20 days from the date the DOE receives the complaint); or
  • Notifiy the DOE to investigate the complaint because the school will not be taking any of the other actions.

 

A complaint investigator will investigate the complaint if:

  • The school does not respond;
  • The school notifies the DOE to begin the investigation; or
  • The school and the parent(s) are not able to reach an agreement on an issue.

The complaint investigator will issue a written report within 40 days from the date the DOE receives the complaint.  The investigator will send a copy of the report to both the person who filed the complaint and the school.

If the investigator determines that the school did not follow the law, the report will tell the school what action it must take to correct the situation.  The report will also include the timeline for the school to take the action, and the investigator will monitor the school's progress in correcting the situation.

 

 

 

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