State DOE complaint (34 CFR 300.151)
When to use: Use when you believe the district has violated IDEA and you want a formal investigation. State complaints are free, don't require an attorney, and the state must investigate and issue a written decision within 60 days.
[Date]
[State Department of Education Special Education Office]
[State Capital]
[State, ZIP]
Re: State Complaint Under 34 CFR 300.151, [Child's Name], [Date of Birth]
Dear State Complaint Investigator,
I am filing a state complaint under 34 CFR 300.151 et seq. against [School District Name] for violation of the Individuals with Disabilities Education Act (IDEA).
Identification:
- Student: [Child's Name]
- Date of birth: [date]
- School: [School Name]
- District: [District Name]
- Parent: [Parent's Name]
- Parent contact: [Address, Phone, Email]
Statement of the alleged violation:
[Describe the violation in clear, factual terms. Example: "On [date], the district failed to convene a manifestation determination review within 10 school days of suspending [Child's Name] for more than 10 school days, in violation of 34 CFR 300.530(e)."]
The facts on which the statement is based:
1. [Fact 1 with date and reference to documentation]
2. [Fact 2 with date and reference to documentation]
3. [Fact 3 with date and reference to documentation]
4. [Fact 4 with date and reference to documentation]
The violation occurred not more than one year before the date this complaint is filed, in compliance with 34 CFR 300.153(c).
Specific provisions of IDEA allegedly violated:
- 34 CFR [specific section, e.g., 300.530(e)]
- 34 CFR [specific section, if multiple]
Proposed resolution:
1. [What you want the district to do, for example: hold the missed manifestation review within 5 school days of the state's decision]
2. [What you want the district to do, for example: provide compensatory educational services to remedy missed instruction]
3. [What you want the district to do, for example: provide training to school staff on manifestation determination procedures]
I am sending a copy of this complaint to the school district at the same time it is filed with the state, per 34 CFR 300.153(d).
Attached documentation:
- [List documents you are attaching: IEPs, evaluation reports, meeting minutes, incident reports, written communications]
Sincerely,
[Parent's Name]
[Signature]
[Date]
cc: [School District Name], [Special Education Director]
Attached:
- [Document 1]
- [Document 2]
Customize This Template for Your Situation
Tell us what's different about your situation and the letter will rewrite to match. A few sentences is plenty:
- What happened?
- What did the school say?
- What outcome do you want?