Ë®¹ûÅÉAV½â˵

A State complaint is a written, signed statement of an allegation that a local or State educational agency (e.g., school district or other public agency) has violated a requirement of federal or Ë®¹ûÅÉAV½â˵ State (NYS) law or regulation relating to the education of students with disabilities. If a parent, individual, or organization believes that such a violation has occurred, they may submit a written, signed State complaint to the Ë®¹ûÅÉAV½â˵ State Education Department (Ë®¹ûÅÉAV½â˵). Upon receipt of a State complaint, the Ë®¹ûÅÉAV½â˵ must determine if the alleged violation occurred and issue a written decision of its findings.

°Õ³ó±ðÌýË®¹ûÅÉAV½â˵ State Complaint Procedures –ÌýQuestions and AnswersÌýdocumentÌýclarifies the procedures used by the Ë®¹ûÅÉAV½â˵ in the investigation and resolution of State complaints which allege that a school district or public agency has violated a requirement of Part B of the Individuals with Disabilities Education Act (IDEA) or State law or regulation relating to the education of students with disabilities.ÌýIn addition, the Ë®¹ûÅÉAV½â˵ has developed a sample State complaint form that may be used to submit a complaint. Use of the sample State complaint form is optional. However, use of this form is recommended to help ensure that the required information is completed.

The Ë®¹ûÅÉAV½â˵ encourages parents and school districts to use collaborative, nonadversarial means such as mediation to resolve complaints regarding the education of a student with a disability whenever possible.

Filing a State Complaint

Parent, Individual or Organization (Complainant) Submitting the State Complaint

• Requests for a State complaint must be made in writing.
• A State complaint must be signed by the complainant (faxed or e-mail signatures will not be accepted).
• The State complaint must include:
  • a statement that a school district or public agency has violated a requirement of Part B of IDEA or State law/regulation related to students with disabilities;
  • the facts on which the statement is based;
  • contact information of the person filing the complaint;
  • if alleging violations with respect to a specific child, include:
    • the name and address of the residence of the child;
    • the name of the school the child is attending;
    • in the case of a homeless child or youth, available contact information for the child and the name of the school the child is attending;
    • a description of the nature of the problem of the child (the concerns that led you to file the complaint), including the facts relating to the problem; and
    • a proposed resolution of the problem to the extent known and available at the time the person is filing the complaint.
• The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received.
• The individual filing the complaint must forward a copy of the complaint to the school district or other public agency serving the child at the time the person files the complaint with Ë®¹ûÅÉAV½â˵.

State Complaint Procedures

• The school district or public agency must give the procedural safeguards notice to the parent upon receipt of the first State complaint in a school year.
• The parent, individual or organization filing the complaint has the opportunity to submit additional information, either orally or in writing, about the allegations in the State complaint.
• The school district or public agency has the opportunity to respond to the State complaint, including, at a minimum: (a) at the discretion of the school district or public agency, a proposal to resolve the complaint and (b) an opportunity for the school district or public agency and the parent who filed the complaint to voluntarily engage in mediation.
• Within 60 calendar days after a complaint is filed (received), Ë®¹ûÅÉAV½â˵ will issue a written decision to the complainant that addresses each allegation in the complaint and contains findings of fact and conclusions and the reasons for the final decision. Ë®¹ûÅÉAV½â˵ will include, if needed, procedures for effective implementation of its final decision, including technical assistance, negotiations and corrective actions to achieve compliance.
• Ë®¹ûÅÉAV½â˵ can grant an extension of the 60-calendar-day time limit only if exceptional circumstances exist with respect to a particular State complaint or the parent, individual or organization and school district or other public agency involved voluntarily agree to extend the time to resolve the matter through mediation.
• Ë®¹ûÅÉAV½â˵ is required to set aside the complaint or any part of a State complaint that is being addressed in a due process hearing until the conclusion of the hearing. Any issue in the complaint that is not part of a due process hearing must be investigated and resolved. If an issue raised in a State complaint has previously been decided in a due process hearing involving the same parties, then the due process hearing decision is binding on that issue and Ë®¹ûÅÉAV½â˵ will inform the complainant that the decision is binding. A complaint alleging a school district’s or other public agency’s failure to implement a due process hearing decision will be resolved by Ë®¹ûÅÉAV½â˵.
• Ë®¹ûÅÉAV½â˵ will review all relevant information and make an independent determination as to whether the school district or other public agency is violating a requirement of Part B of IDEA or State law/regulation and must, if it determines it to be necessary, carry out an independent on-site investigation.

Instructions: Complete, sign, and make two copies of the original State complaint form posted below.

• Send the original State complaint form to the Ë®¹ûÅÉAV½â˵ State Education Department (Ë®¹ûÅÉAV½â˵), Office of Special Education, 89 Washington Avenue, Room 309 EB, Albany, NY 12234, Attention: State Complaints.
• Send one copy of the State complaint form to the school district serving the child at the same time that the complaint is filed with Ë®¹ûÅÉAV½â˵.
• Retain a copy of the State complaint form for your records
• The form must be signedÌýor it cannot be processed and will be returned to you for signature. Ë®¹ûÅÉAV½â˵ will only accept formal complaints with ORIGINAL signature. State complaints that are faxed or emailed will not be accepted.

Ë®¹ûÅÉAV½â˵ State Complaint Form

Use of this form is recommended but not required. If using your own format to submit a State complaint, you must provide the required information as indicated by asterisks (*) on the sample form. Please contact the Special Education Quality Assurance office located in your region with questions regarding the use of this form or the procedures involved in submitting a State complaint.