Complaints

Complaint Procedure

A complaint is generally an expression of some disagreement with a procedure or a process regarding special education programs, procedures or services. Individuals are encouraged to direct their concerns to the principal of your school. However, a formal complaint is considered a request that the Virginia Department of Education (DOE) 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. "Complaint Procedures for Special Education" is a pamphlet that was prepared for persons who may wish to make a complaint regarding violations of special regulations. It may be obtained from the Parent Resource Center.

Complaints regarding violations of rights of parents and/or children with disabilities shall be addressed to the Superintendent of Public Instruction or designee, with the additional requirements as follows:

The complaint must be in writing, signed by the organization or individual filing the complaint, and contain a statement that an LEA has violated the Individuals with Disabilities Education Act (IDEA) and/or these regulations.
2. The complaint must contain a statement of facts on which the complaint is based. In addition, all relevant documents shall be forwarded to the Superintendent of Public Instruction or designee .
3. Upon receipt of a complaint, the Superintendent of Public Instruction or designee shall initiate an investigation to determine whether or not the LEA against whom such complaint has been filed is in compliance with applicable law and regulations.
4. Within seven administrative days of the receipt of a written, signed complaint, the Superintendent of Public Instruction or designee shall send notification in writing to each complainant and LEA against which the violation has been alleged, acknowledging receipt of a complaint with copies to other appropriate SEA personnel. The notification sent to the complainant shall provide the complainant with an opportunity to submit additional information, either orally or in writing, about the allegations in the complaint. The notification sent by the SEA complaint officer to the LEA shall include:

A copy of the complaint;
An offer of technical assistance in resolving the complaint; and
Request for written response to the complaint within 10 administrative days of the receipt of the letter of notification.

If a reply from the LEA is not filed with the Superintendent of Public Instruction or designee within 10 administrative days of the receipt of the notice, then the Superintendent of Public Instruction or designee shall send a second notice to the LEA advising that failure to respond within seven administrative days of the date of such notice will result in review by the Superintendent of Public Instruction for action regarding appropriate sanctions.
The Superintendent of Public Instruction or designee shall take action with respect to the response as follows:

Review the complaint and reply filed by the LEA to determine if further investigation or corrective action needs to be taken. If no further investigation or action is necessary, then the Superintendent of Public Instruction or designee shall notify both parties, in writing, stating the grounds for such finding.
Conduct an investigation of the complaint which shall include a complete review of all relevant documentation and may include an independent on-site investigation, if necessary.
Consider all facts and issues presented and the applicable requirements specified in law, regulations, or standards.
Make a determination of compliance or non-compliance based upon the facts and applicable law and notify the parties, in writing, of the findings and the basis for such findings. A time limit of 60 calendar days shall be allowed, after the written complaint is received, to carry out the investigation and to resolve the complaint. An extension of the 60 calendar days time limit may occur if exceptional circumstances exist with respect to a particular complaint. Both parties to the complaint will be notified in writing by the Superintendent of Public Instruction or designee whenever exceptional circumstances exist and specify the extended time limit.
Report findings of non-compliance and corresponding recommendations to the party designated by the Superintendent of Public Instruction for review, or where appropriate, directly to the Superintendent of Public Instruction for further action.

The Superintendent of Public Instruction or designee will notify the parties in writing of any needed corrective actions and the specific steps which must be taken by the LEA to bring it into compliance. The LEA will be given 15 administrative days from the date of notice of non-compliance to respond and initiate corrective action.
Where the LEA develops a plan of action to correct the violations, such plan shall include timelines to correct violations not to exceed 30 administrative days. The plan of action will also include a description of all changes contemplated and shall be subject to approval of the SEA.
If the LEA does not come into compliance within the period of time set forth in the notification, then the matter will be referred by the Superintendent of Public Instruction to the Board of Education for a hearing.
If the Superintendent of Public Instruction, after reasonable notice and opportunity for a hearing by the Board of Education, finds that the LEA has failed to comply with applicable laws and regulations, and determines that compliance cannot be secured by voluntary means, then he shall issue a decision in writing stating that state and federal funds for the education of children with disabilities shall not be made available to that LEA until there is no longer any failure to comply with the applicable law and/or regulation.
Parties to the complaint procedure shall have the right to request the United States Secretary of Education to review the final decision.

In addition, you my obtain copies of the Special Education Due Process Hearing Handbook/Parental Due Process Form, and Complaint Procedures Brochure/Parental Complaint Form from: http://www.pen.k12.va.us/VDOE/dueproc/complaints.shtml