When navigating the world of special education, it's crucial to understand the mechanisms in place to ensure that students with disabilities receive the services and support they are entitled to. One such mechanism is the state complaint process. In this blog, we will break down the essentials of filing a state complaint in Montana.
What is a State Complaint?
A state complaint is a formal, written, signed, and dated statement that alleges a Local Education Agency (LEA) or public agency has violated a requirement of the Individuals with Disabilities Education Act (IDEA) or Montana's implementing regulations. This can be on behalf of an individual student or a group of students, and it can also address district-wide systemic noncompliance.
Who Can File a State Complaint?
Anyone can file a state complaint—this includes organizations or individuals from another state. However, anonymous complaints are not accepted.
Understanding LEAs and Public Agencies
Local Education Agencies (LEAs) include public school districts and educational service agencies. The Montana Office of Public Instruction (OPI) and other political subdivisions responsible for educating children with disabilities are considered public agencies.
Who is Considered a Parent?
Under IDEA, a "parent" can be:
- A biological or adoptive parent
- A foster parent
- A guardian authorized to make educational decisions
- A person acting in place of a biological or adoptive parent, like a grandparent or stepparent
- A surrogate parent appointed in accordance with regulations
Filing the Complaint
To file a state complaint, you need to provide specific information, including:
- The name and address of the affected child, if applicable
- The name of the school or public agency where the violation occurred
- A statement detailing the alleged violation
- The nature of the problem and facts supporting each allegation
- A proposed resolution, if known
Complaints must be filed with the OPI Dispute Resolution Office and a copy provided to the LEA or public agency involved.
After Filing the Complaint
Once the complaint is filed, the OPI reviews it for completeness and sends a notice to the parties involved. If the complaint is related to identification, evaluation, or educational placement of a student with a disability, or a denial of Free Appropriate Public Education (FAPE), the parent is informed of their right to request a due process hearing.
Parties have the option to resolve the issue informally through the Early Assistance Program (EAP). If this is unsuccessful, the complaint process continues, potentially involving an investigation by a neutral fact-finder.
Resolution and Corrective Actions
A final report is issued within 60 days, summarizing the findings and conclusions. If noncompliance is found, corrective actions are ordered to address the needs of the child or group of children involved. These actions must be completed within specified timeframes, ensuring appropriate future provision of services.
For more information, please follow this link.
