|Complaint Department Grenade (Photo credit: Wikipedia)|
This is the eighth installment in a multi-part series on procedural safeguards under the federal special education law, the Individuals With DisabilitiesEducation Act. I work a lot in this area, so it is near and dear to my heart. Despite the importance of procedural safeguards. however, many issues are not fully understood. Please keep me posted as to your reaction to the series.
Where a state complaint investigator finds that IDEA has been violated, a corrective action is ordered. The relief that may be awarded includes compensatory education and reimbursement. 34 C.F.R. § 300.151(b). The purpose of this change to the federal regulations in 2006 was to make it clear that states have broad flexibility in awarding an appropriate remedy in resolving state complaints. 71 Fed. Register No. 156 at page 46602 (August 14, 2006).
Here is the OSEP Topic Brief on State Complaint Procedures. Memo to Chief Sch Officers Re Dispute Resolution Procedures Under Part B of IDEA 61 IDELR. 232 (OSEP 7/23/13) The 64 page Q & A attachment includes a section on state complaints.