Written State Complaints

A Written State Complaint procedure must be available under IDEA in every state. Each State Educational Agency must have written procedures for: resolving any complaint; the filing of a complaint with the State Educational Agency; and, widely disseminating the State complaint procedures.

In resolving a State complaint in which the State Educational Agency has found a failure to provide appropriate services, the State Educational Agency must address: the failure to provide appropriate services, including corrective action; and, appropriate future provision of services for all children with disabilities.

Full legal requirements may be found at: 34 CFR 300.151-153 (see page 46770 of full IDEA Regulations at: https://www.ecfr.gov/cgi-bin/text-idx?SID=8d443902b9bf5e1cef976ef4c93cbb2e&mc=true&node=sg34.2.300_1150.sg12&rgn=div7.

An OSEP approved Procedural Safeguards notice, including a specific description of written complaints (see page 14-17) is available at: www2.ed.gov/policy/speced/guid/idea/modelform-safeguards.pdf.

OSEP’s topical brief on Written Complaint Procedures can be found at: https://sites.ed.gov/idea/files/State_Complaint_Procedures_10-4-06.pdf.