Written State Complaints

A written state complaint alleges that a public agency violated a requirement of IDEA Part B or its regulations. Any individual or organization may file one. Special Education Services (SES) investigates and resolves qualifying complaints under the state complaint procedures; an LEA must respond promptly and supply complete, accurate records.

• [34 CFR §§300.151–300.153, state complaint procedures https://sites.ed.gov/idea/regs/b/b/300.151 

• [34 CFR §300.600, state monitoring and enforcement  https://sites.ed.gov/idea/regs/b/f/300.600 

• Alabama Administrative Code, Chapter 290-8-9

A complaint must be signed and written. It must state an alleged IDEA violation and supporting facts, allege a violation that occurred not more than one year before the complaint is received, and include the other information required by §300.153. If it concerns a specific child, the complainant must forward a copy to the LEA at the same time it is filed with the state.

SES must issue a written decision within 60 days after a complaint is filed, subject only to the extensions permitted by §300.152, such as exceptional circumstances or the parties’ agreement to extend time for mediation or another available resolution process. This 60-day period is the state’s decision timeline, not a blanket 60-day LEA response period. Follow the specific response deadline SES gives the LEA.

Designate one coordinator to receive the notice, preserve relevant student records, collect an issue-by-issue response, and coordinate staff interviews and document submissions. Provide records as requested without altering or backdating them. If the LEA finds a problem, begin appropriate student-specific correction and inform SES of actions taken; the state remains responsible for the complaint decision and required remedies.

When the same issue is also the subject of a due process hearing, the state sets aside the overlapping complaint issue until the hearing concludes; unrelated complaint issues must still be resolved under the state complaint rules. Track each issue separately.

A complaint must be signed and written. It must state an alleged IDEA violation and supporting facts, allege a violation that occurred not more than one year before the complaint is received, and include the other information required by §300.153. If it concerns a specific child, the complainant must forward a copy to the LEA at the same time it is filed with the state.

SES must issue a written decision within 60 days after a complaint is filed, subject only to the extensions permitted by §300.152, such as exceptional circumstances or the parties’ agreement to extend time for mediation or another available resolution process. This 60-day period is the state’s decision timeline, not a blanket 60-day LEA response period. Follow the specific response deadline SES gives the LEA.

Designate one coordinator to receive the notice, preserve relevant student records, collect an issue-by-issue response, and coordinate staff interviews and document submissions. Provide records as requested without altering or backdating them. If the LEA finds a problem, begin appropriate student-specific correction and inform SES of actions taken; the state remains responsible for the complaint decision and required remedies.

When the same issue is also the subject of a due process hearing, the state sets aside the overlapping complaint issue until the hearing concludes; unrelated complaint issues must still be resolved under the state complaint rules. Track each issue separately.

• Confusing the complainant’s one-year allegation window with the state’s 60-day decision period

• Assuming only a parent may file a written state complaint

• Sending an incomplete response because files are held in different systems or schools

• Treating an informal settlement as automatically ending an open state complaint

ALSDE Dispute Resolution  https://www.alabamaachieves.org/special-education/dispute-resolution/  current Written State Complaint form and submission policy.