State Complaint Process
Trust and open communications with your local educational agency (LEA) are essential for a positive, long-term partnership in the education of students with exceptionalities. If misunderstandings and/or problems arise, there are several ways to solve them. First, you may want to discuss your concerns with the school personnel directly involved. If the problem is not resolved and you believe that special education regulations are not being followed, you may request mediation or file a formal state complaint. This page describes the special education state complaint process.
Filing a State Complaint
State Complaint Form
What is a state complaint?
A state complaint is a charge that special education laws or regulations are not being followed by an LEA or public agency. A complaint also may address an LEA’s failure to implement a due process hearing decision.
What steps should you take before filing a state complaint?
- Reasonable efforts should be made to resolve your concerns at the school county level such as:
- scheduling a conference with school personnel to discuss your concerns
- making an appointment with the county director of special education and/or the county of superintendent of schools.
- Call the WVDE, Office of Special Education (OSE) for assistance at (304) 558-2696.
- Contact an agency or organization that provides information to parents of students with exceptionalities.
Who may file a state complaint?
Any person or organization, even one from another state, may file a state complaint. This includes parents of eligible students, students who are 18 or older, organizations, groups, and LEA employees. Private school officials may also file a complaint if they believe the LEA did not hold meaningful and timely consultation, did not consider their views, or did not provide the equitable services listed in a student’s service plan.
What must be included in a state complaint?
A complaint must:
- Be about a violation that happened within one year before the Office of Special Education (OSE) receives it.
- Be in writing and include the original signature and contact information of the person filing the complaint. (Faxed or emailed complaints are not accepted.)
- Clearly state the law or rule you believe was violated.
- Contain the facts on which the allegation is based including the following information when alleging violations to a specific child:
- the name of the student and his/her school
- the address pf the residence of the child
- the name of the LEA or public agency
- specific information regarding the allege violation (dates and sequences of events, persons contacted and/or involved, meetings held, etc.)
- Proposed resolutions to the issues
- Be sent to the LEA. Not doing this may delay the investigation.
A complaint may include:
- A description of what you have already done to try to solve the problem.
- Copies of related documents or notices.
- A form for filing a state complaint
Where should I send my state complaint?
To Teresa Brown (teresa.l.brown@k12.wv.us), or to the WVDE at:
Office of Special Education
Building 6
1900 Kanawha Boulevard, East
Charleston, WV 25305-0330
How is a complaint investigated?
The OSE will:
- Tell the LEA about the claims in the complaint.
- Ask the LEA for any information, records, or documents needed to review the complaint.
- Notify the person who filed the complaint in writing and give them a chance to provide more information, either by speaking or in writing.
The OSE may:
- Ask for written answers to questions.
- Talk with people involved by phone or in person, including the person who filed the complaint.
- Conduct an on-site investigation.
What happens after a state complaint is received?
The OSE will:
- Review the complaint to make sure it includes all required information.
- Notify both the person who filed the complaint and the LEA that the complaint has been received.
- Send a copy of the complaint to the LEA if the person filing it did not already do so.
- Give the LEA a chance to try to resolve the issue early.
What results may I expect?
The OSE will complete its investigation within 60 days of receipt of the complaint, with extensions permitted only if exceptional circumstances exist, or if the LEA and parent agree to extend to engage in mediation or in other alternative means of dispute resolution. The parents and the LEA will receive a written report of the final results of the investigation. This letter of findings (LOF) will constitute the resolution of the complaint.
Possible findings include:
- the LEA is not following the laws or regulations and must correct the violation within a specific time
- the LEA has me its responsibilities under federal or state laws or regulations and no corrective actions are necessary
In the event the LEA or the parent disagrees with the findings, either party may request mediation or a due process hearing regarding the complaint issues with the OFPS. If violations have occurred, the LEA or public agency must submit documentation to the LEA to verify that the required corrective activities have been implemented. The case is closed if the documentation is acceptable.
Early Resolution
Federal and state laws and regulations provide several dispute resolution options including mediation, due process hearings, state complaints and Facilitated IEP Team meetings (FIEP), when disagreements arise regarding the implementation of special education requirements and/or the provision of a free appropriate public education (FAPE) for students with exceptionalities. With regard to resolving a state complaint, mediation and/or early resolution may be used by parents and local educational agencies (LEAs).
What is early resolution?
Early resolution is an informal meeting between the parent and the special education director (or someone chosen to act for them). The purpose of the meeting is to:
- Talk about the concerns listed in the complaint.
- Discuss how the LEA can fix the problem.
- If both sides agree, write down how each concern will be resolved on the Verification of Early Resolution form.
The Verification of Early Resolution form must include:
- A statement of each complaint allegation
- Details of how each concern will be resolved
- Whether the parent and the LEA agree to each solution
- The signatures of both the parent and the LEA
Who may request early resolution?
Either the LEA or the parent/adult student may request early resolution to a state complaint by contacting the other party and conducting a conference at the local level.
Why use early resolution?
Resolving state complaints early is helpful for students and benefits both the parent and the LEA. Early resolution:
- gives the parent and LEA staff a chance to talk openly about the allegations
- encourages working together to solve problems
- can lead to a solution that both sides agree on
- takes less time to address and resolve the parent’s concerns
Early resolution can also have the following positive results:
- an increased understanding of the other party's perspective(s)
- student's needs are met in accordance with the views of both the LEA and the parent
- a partnership between the LEA and the parent is established for future problem-solving
What are the timelines for early resolution and complaint investigations?
There are several timelines that the Office of Special Education (OSE) and the LEA must follow. Complaints can be resolved at any time during the investigation. If the LEA and the parent resolve all concerns within 15 calendar days after being notified of the complaint (or within another timeline set by the OSE):
- The LEA does not have to send a written response to the OSE.
- The OSE will stop the investigation and consider the complaint resolved.
If any concerns are not resolved early, the OSE will continue the investigation. The OSE will then issue a Letter of Findings within the required 60-day timeline.
Additional Information
For additional information contact Teresa Brown (teresa.l.brown@k12.wv.us), or the WVDE.