State complaint
A state complaint is a signed, written complaint to the state education agency saying a school or public agency did not follow a special education requirement. The state investigates and issues a written decision.
Federal rules give the state 60 days to decide, with limited extensions, and the complaint must be about something that happened within the past year. In Virginia, the Department of Education has 60 calendar days after it receives a valid written complaint.
Also called: state complaint, written complaint, complaint to the state, VDOE complaint, administrative complaint
Sources
- 34 CFR 300.153 (300.153(a))U.S. Department of Education
“An organization or individual may file a signed written complaint”
- 34 CFR 300.152 (300.152(a))U.S. Department of Education
“a time limit of 60 days after a complaint is filed under § 300.153 to”
- 34 CFR 300.153 (300.153(b)(1))U.S. Department of Education
“A statement that a public agency has violated a requirement of Part B of the Act or of this part”
- 34 CFR 300.152 (300.152(a)(1))U.S. Department of Education
“Carry out an independent on-site investigation, if the SEA determines that an investigation is necessary”
- 34 CFR 300.152 (300.152(a)(5))U.S. Department of Education
“Issue a written decision to the complainant that addresses each allegation in the complaint”
- 34 CFR 300.152 (300.152(b)(1))U.S. Department of Education
“Permit an extension of the time limit under paragraph (a) of this section only if”
- 34 CFR 300.153 (300.153(c))U.S. Department of Education
“must allege a violation that occurred not more than one year prior to the date”
- 8VAC20-81-200 (8VAC20-81-200 D.4.c(1))Virginia Board of Education
“The Virginia Department of Education has 60 calendar days after the valid written complaint is received”