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Complaints Information

This guide outlines the essential procedures for filing complaints and requests for due process hearings related to special education laws. It details when to file a complaint, the nature of complaints regarding violations of special education laws, and the timeline for such complaints. The document also covers filing due process hearings when disagreements arise over Individualized Education Programs (IEPs) and highlights the necessary procedures outlined under IDEA 2004. Understand your rights and the steps to ensure compliance in special education services.

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Complaints Information

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  1. ComplaintsInformation Santina Thibedeau March 5, 2009

  2. When to file a complaint • A complaint is filed when “someone” believes that a public agency (generally the school district) has violated a special education law or rule. • The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received by the NHDOE

  3. When to file for a due process hearing • A due process hearing is filed when you disagree with an IEP decision. Example – Complaint – The district did not provide speech services as written in the IEP. Due Process Hearing – The parent believes that the child needs more speech services than written in the IEP.

  4. IDEA 2004 • State Complaint Procedures • Sec. 300.151 Adoption of State complaint procedures • Sec. 300.152 Minimum State complaint procedures • Sec. 300.153 Filing a complaint

  5. IDEA 2004 • Sec. 300.151 Adoption of State complaint procedures • This section outlines that each State must adopt written procedures

  6. IDEA 2004 • Sec. 300.152 Minimum State complaint procedures • This section outlines that each State must have • Time limits; minimum procedures • Time extension; final decision; implementation

  7. IDEA 2004 • Sec. 300.153 Filing a complaint • This section outlines that each State must have a procedure for filing a written complaint

  8. NH Rules for the Education of Children with Disabilities • PART Ed 1121 - COMPLAINT PROCEDURES • Ed 1121.01 Filing a Complaint. • Ed 1121.02 Investigation of Complaints and Complaint Procedures. • Ed 1121.03 Resolution of Complaints. • Ed 1121.04 Reconsideration and Appeals.

  9. NHDOE Process • Written complaints are date stamped • A letter is sent to the individual filing the complaint acknowledging receive of written complaint • Written complaint is reviewed to determine allegations • Investigator is assigned and begins the investigation • Letter is sent to parents and district outlining allegations • Investigator submits documentation • Commissioner determines findings and a certified letter is sent to both parents and district

  10. Federal Reporting Requirements • Dispute Resolution, Table 7 -- July 1, - June 30 due November 1 • Information from Table 7 used for indicators B16, B17 & B19 in SPP/APR

  11. Information used from Table 7 for Indicator 16 SECTION A: WRITTEN, SIGNED COMPLAINTS (1) Written, signed complaints total ___ • (1.1) Complaints with reports issued ___ • (a) Reports with findings ___ • (b) Reports within timeline ___ • (c) Reports within extended timelines ___ • (1.2) Complaints withdrawn or dismissed ___ • (1.3) Complaints pending ___ • (a) Complaints pending a due process hearing ___

  12. Summary of Information from the State Performance Report and Annual Performance Reports for Indicator 16

  13. Table 7

  14. Extended Timelines

  15. Voluntary Corrective Actions

  16. Substantiated AllegationsJuly 1, 2002 – June 30, 2008 • Providing special education services, accommodations and modifications • Obtaining written consent from parents • Providing related services • Providing Extended School Year Services • Failure to convene the IEP team

  17. Updates • Providing special education services, accommodations and modifications • NHDOE continues to monitor this • Focus Monitoring Process • Private Special Education Program Approval Process • When private special education schools are identified with a child specific citation; the school district is also cited • Complaint process – order Technical Assistance, Professional Development, compliance monitoring • Commissioner’s orders

  18. Updates (continued) • Obtaining written consent from parents • Rule making process – 1107.01(d) • Parental consent is needed for the evaluation process and needed for the extension by no more than 15 days

  19. Updates (continued) • Providing related services • NHDOE continues to monitor this • Focus Monitoring Process • Private Special Education Program Approval Process • When private special education schools are identified with a child specific citation; the school district is also cited • Complaint process – order Technical Assistance, Professional Development, compliance monitoring • Commissioner’s orders

  20. Updates (continued) • Providing Extended School Year Services • Guidance memo sent to the field on July 23, 2007 • http://www.ed.state.nh.us/education/doe/organization/instruction/SpecialEd/documents/documents/FY2008Memo4ESY.pdf

  21. Updates (continued) • Failure to convene the IEP team • Rule making process – Ed 1109.06(b) (c) • Outlines the process when parent requests an IEP team meeting

  22. Number of Contracted Investigators

  23. Outcomes of the Complaint’s Corrective Action • Procedural Change • Technical Assistance • Professional Development • Compensatory Education

  24. Steps Taken by NHDOE • Professional Development for Investigators • Continue to monitor the substantiated allegations • Reorganized support staff time • Added a letter acknowledging the receipt of the complaint • Staff hired to monitor corrective actions within a complaint • Consultant on Call (271-3741) assisting school districts and parents

  25. Next Steps for the NHDOE • Re-issue the Request for Proposal for additional investigators • Explore additional staff for complaint oversight • Provide direct training for all investigators.

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