As a Special Education Director, one of my key responsibilities is to ensure that our school district adheres to federal and state laws regarding special education. One area that often causes confusion among parents and educators is the special education complaint process. This blog aims to provide a simple and clear explanation of what a special education complaint is, what it isn't, and how it differs from a due process hearing.
What is a Special Education Complaint?
A special education complaint is generally an expression of disagreement with a procedure or process related to special education programs, procedures, or services. When a formal complaint is filed, it requests that the school division investigate an alleged violation of a right of a parent and/or child with disabilities who is eligible, or believed to be eligible, for certain services based on federal and state laws and regulations governing special education.
What the Complaint System Cannot Do
It's important to understand that the state's complaint system for special education has limitations:
- It does not handle violations of Civil Rights related to disability. These matters are addressed directly with the Office of Civil Rights of the United States Department of Education.
- It cannot address personnel issues or general education matters, as these are under the control of the local school division.
- Any matter which is under the exclusive control of the local school division will not be addressed in the special education complaint system. Local school divisions are responsible for the general day-to-day operation of schools, including supervision of personnel and the administration of programs.
Difference Between a Special Education Complaint and a Due Process Hearing
While both processes aim to resolve issues related to special education, there are key differences:
- Special Education Complaint: This can be filed by anyone and usually involves a review of alleged procedural violations. For example, if services are not being provided to a child with a disability in accordance with the student's Individualized Education Program (IEP), a complaint can be filed. It can also focus on any particular process or procedure that violates special education law or regulation. In such cases, the office must determine whether the school division complied with the regulatory mandates under IDEA 2004, considered the required matters, and made proposals reasonably supported by the student-specific data, thus meeting the definition of a Free Appropriate Public Education (FAPE).
- Due Process Hearing: This is a more formal process where a party alleges an issue relating to the identification, evaluation, or education of a child, or the provision of FAPE for the child. Due process hearings often involve disputes between the parent and the local school division over the appropriateness or nature of the student's program or services.
Understanding these processes can help parents and educators navigate the complex world of special education more effectively. For more information, please follow this link.
