Part 2

Filing a State Complaint

State complaints are an important procedural safeguard in IDEA, because they give individuals and organizations a mechanism through which they can address special education conflicts and resolve disputes. The complaint resolution process tends to be less intimidating than a due process hearing and represents an alternative to it.

Interestingly, the IDEA statute does not include State complaint procedures. Rather, it is the final Part B regulations that require each state to adopt written procedures for resolving any complaint that meets the definition of a “State complaint” under the Part B regulations. You'll find IDEA's requirements in §§300.660 through 300.662 of its regulations. This issue of the Resolving Disputes with Parents Series provides USDOE complaint process.

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