18 Tips on Filing Complaints

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Copyright © 2005 Pat Howey

18 Tips on Filing Complaints

www.wrightslaw.com by Pat Howey

1. Be careful when you use the state and Office for Civil Rights

complaint system. If the investigator does

not agree with your complaint, you may not be able to ask for a due

process hearing on the same issue

that is in your complaint.

2. Use complaints only if you can prove that the school is breaking

the law.

3. Before you file a complaint abut whether the school is providing

your child with a free appropriate

public education (FAPE), consult with an experienced special

education attorney. This person may

suggest better ways to settle FAPE issues.

4. Never file a complaint based solely on what someone tells you. It

is best for you to have direct knowledge

about what the school is doing wrong. For example, you have direct

knowledge if your child has

to leave school 30 minutes before nondisabled children because the

special education bus leaves early.

If someone calls you and says that the special education busses are

leaving the school early, you do not

have direct knowledge.

5. You must send proof or evidence of what the school is doing wrong

for your complaint to be successful.

If you have a letter from your school that says your child will leave

school thirty minutes early because

he rides the special education bus, you need to include a copy of

that letter with your complaint.

6. You may find that by the time you learn about a violation, it is

too late to file a complaint. You can ask

that the timelines to be tolled, or delayed. You must explain that

you did know about the violation

until after the timeline had passed.

7. If the school keeps violating the law, over and over again, you

can ask that the timelines be tolled

because the violation is " ongoing " .

8. When you prepare to write your complaint, pretend that you are

going to court. First, write down

everything you know about what the school is doing wrong. These are

the " facts. " Next, write down the

evidence or proof that you are sending with your complaint. Next,

write down what the school is doing

wrong. These are the " violations. " Last, write what you want the

complaint investigator to do to make

the school stop doing what it is doing wrong. This is

the " resolution. "

9. Do as much of the investigator's work as possible. Make it easy

for the investigator to agree with you

that the school is wrong.

10. Send as much information as you can about what the school is

doing wrong to prove your point. Help

the investigator gather evidence so it is easy to agree with you that

the school is wrong.

11. Send copies of all of the proof with your complaint. Send

Individual Education Plans (IEPs), evaluations,

reports, copies of tapes recordings of IEP meetings, copies of notes

you received or have written.

Never assume that the investigator will have this information.

12. Never assume that the school will send information that matches

what you send. Never assume that

the school will send anything at all. Always assume the worst.

Copyright © 2005 Pat Howey

13. Never send your original papers. Always send copies of your

papers with your complaint.

14. Have another person read your complaint and the information you

plan to send. Ask if it clear to them

what the school did and what you want it to do. If this person doe

not understand part of your complaint,

you need to change or add information to your complaint. Remember, if

a friend does not

understand what you want, a stranger will not understand either.

15. Consider sending a complaint when there is an emergency that must

be resolved right away. If your

child is in danger or the school is trying to keep your child from

participating in an activity because of

the child's disability, a complaint may be a fast way to get results.

16. If the school agrees to do what you want, write a letter to the

investigator and advise that the complaint

is settled. This is called " withdrawing " your complaint.

17. You may also want to withdraw your complaint if you know that the

investigator who received your

complaint is " school friendly " .

18. The school or the Office for Civil Rights may ask if you want to

use an Early Complaint Resolution

(ECR) process. This is a good idea if you can get some, most, or all

of what you want. If you use the

ECR process, you will not risk having the investigator disagree with

your complaint and rule against

you. If you do not get everything that you want from the ECR process,

you can always file another

complaint later.

The URL for 18 Tips for Filing a Complaint is:

http://www.wrightslaw.com/howey/tips.complaints.pdf

About the Author

Pat Howey is an advocate who has helped parents obtain special

education services for their children with

disabilities since 1986. She also helps parents resolve special

education disputes with their school districts.

If Pat cannot assist you, she will refer you to attorneys for legal

advice and assistance.

Pat has a B.A. in Paralegal Studies from Saint -of-the-Woods

College where she graduated with

honors. She is an active member of the Council of Parent Attorneys

and Advocates (COPAA). The

Learning Disabilities Association of Indiana honored Pat with its

Outstanding Service Award for her

commitment and compassion towards students with disabilities.

As a member of the slaw Speakers Bureau, Pat provides training

for parents, educators, and others

who want to ensure that children receive quality special education

services.

Contact Information

Pat Howey

Special Education Consulting

POB 117

West Point, Indiana 47992-0117

Website: PatHowey.com

Email: phowey@...