ComplaintsComplaintsInformationInformation

Santina ThibedeauSantina Thibedeau

March 5, 2009March 5, 2009

When to file a complaintWhen to file a complaint

A complaint is filed when “someone” A complaint is filed when “someone” believes that a public agency believes that a public agency (generally the school district) has (generally the school district) has violated a special education law or violated a special education law or rule.rule.

The complaint must allege a violation The complaint must allege a violation that occurred not more than one that occurred not more than one year year priorprior to the date that the to the date that the complaint is received by the NHDOE complaint is received by the NHDOE

When to file for a due process When to file for a due process hearinghearing

A due process hearing is filed when you A due process hearing is filed when you disagree with an IEP decision.disagree with an IEP decision.

Example – Example –

Complaint – The district did not provide Complaint – The district did not provide speech services as written in the IEP.speech services as written in the IEP.

Due Process Hearing – The parent believes Due Process Hearing – The parent believes that the child needs more speech services that the child needs more speech services than written in the IEP.than written in the IEP.

IDEA 2004IDEA 2004

State Complaint ProceduresState Complaint Procedures– Sec. 300.151 Adoption of State Sec. 300.151 Adoption of State

complaint procedurescomplaint procedures– Sec. 300.152 Minimum State complaint Sec. 300.152 Minimum State complaint

proceduresprocedures– Sec. 300.153 Filing a complaintSec. 300.153 Filing a complaint

IDEA 2004IDEA 2004

Sec. 300.151 Adoption of State Sec. 300.151 Adoption of State complaint procedurescomplaint procedures– This section outlines that each State This section outlines that each State

must adopt written proceduresmust adopt written procedures

IDEA 2004IDEA 2004

Sec. 300.152 Minimum State Sec. 300.152 Minimum State complaint procedurescomplaint procedures– This section outlines that each State This section outlines that each State

must have must have Time limits; minimum proceduresTime limits; minimum proceduresTime extension; final decision; Time extension; final decision;

implementationimplementation

IDEA 2004IDEA 2004

Sec. 300.153 Filing a complaint Sec. 300.153 Filing a complaint – This section outlines that each State This section outlines that each State

must have a procedure for filing a must have a procedure for filing a written complaintwritten complaint

NH Rules for the Education ofNH Rules for the Education of Children with Disabilities Children with Disabilities

PART Ed 1121 - COMPLAINT PROCEDURES– Ed 1121.01 Filing a Complaint.– Ed 1121.02 Investigation of Complaints

and Complaint Procedures.– Ed 1121.03 Resolution of Complaints.– Ed 1121.04 Reconsideration and Appeals.

NHDOE ProcessNHDOE Process Written complaints are date stampedWritten complaints are date stamped A letter is sent to the individual filing the A letter is sent to the individual filing the

complaint acknowledging receive of written complaint acknowledging receive of written complaintcomplaint

Written complaint is reviewed to determine Written complaint is reviewed to determine allegationsallegations

Investigator is assigned and begins the Investigator is assigned and begins the investigationinvestigation

Letter is sent to parents and district outlining Letter is sent to parents and district outlining allegationsallegations

Investigator submits documentationInvestigator submits documentation Commissioner determines findings and a certified Commissioner determines findings and a certified

letter is sent to both parents and districtletter is sent to both parents and district

Federal Reporting RequirementsFederal Reporting Requirements

Dispute Resolution, Table 7 -- July 1, - Dispute Resolution, Table 7 -- July 1, - June 30 due November 1June 30 due November 1

Information from Table 7 used for Information from Table 7 used for indicators B16, B17 & B19 in SPP/APRindicators B16, B17 & B19 in SPP/APR

Information used from Table 7 for Information used from Table 7 for Indicator 16 Indicator 16

SECTION A: WRITTEN, SIGNED COMPLAINTS(1) Written, signed complaints total ___

– (1.1) Complaints with reports issued ___ (a) Reports with findings ___ (b) Reports within timeline ___ (c) Reports within extended timelines ___

– (1.2) Complaints withdrawn or dismissed ___– (1.3) Complaints pending ___

(a) Complaints pending a due process hearing ___

Summary of Information from Summary of Information from the State Performance Report the State Performance Report

and Annual Performance and Annual Performance Reports for Indicator 16 Reports for Indicator 16

Source Time Frame Written, signed complaint Total (1)

Complaints with reports issued (1.1)

Complaints with reports issued within timelines (1.1)(b)

Complaints with reports issued within extended timelines (1.1)(c)

SPP 2004-2005 101 47 31 16

APR 2005-2006 99 69 24 45

APR 2006-2007 69 38 8 26

APR 2007-2008 62 35 14 21

Table 7

Extended TimelinesExtended Timelines2005-2006 45

Complaints with reports issued within extended timelines

37 out of 45 complaints 37 out of 45 complaints had 3 or more allegationshad 3 or more allegations1 complaint had 27 1 complaint had 27 allegationsallegations

2006-2007 30

Complaints with reports issued within extended timelines

17 of the 26 complaints 17 of the 26 complaints had 3 or more allegationshad 3 or more allegationsOne complaint had 18 One complaint had 18 class action allegationclass action allegation

2007-2008 21

Complaints with reports issued within extended timelines

5 of the 21 complaints had 5 of the 21 complaints had 3 or more allegations3 or more allegationsParents amended 2 of the Parents amended 2 of the 21 complaints 21 complaints 1 Parent moved1 Parent moved

Voluntary Corrective ActionsVoluntary Corrective Actions

2005-20062005-2006 69 69

Complaints with Complaints with reports issuedreports issued

7 Voluntary 7 Voluntary Corrective ActionsCorrective Actions

10%10%

2006-20072006-2007 3838

Complaints with Complaints with reports issuedreports issued

3 Voluntary3 Voluntary

Corrective ActionsCorrective Actions

8%8%

2007-20082007-2008 35 35

Complaints with Complaints with reports issuedreports issued

3 Voluntary3 Voluntary

Corrective ActionsCorrective Actions

9%9%

Substantiated AllegationsSubstantiated AllegationsJuly 1, 2002 – June 30, 2008July 1, 2002 – June 30, 2008

Providing special education services, Providing special education services, accommodations and modificationsaccommodations and modifications

Obtaining written consent from Obtaining written consent from parentsparents

Providing related servicesProviding related services Providing Extended School Year Providing Extended School Year

ServicesServices Failure to convene the IEP teamFailure to convene the IEP team

UpdatesUpdates

Providing special education services, Providing special education services, accommodations and modificationsaccommodations and modifications– NHDOE continues to monitor this NHDOE continues to monitor this

Focus Monitoring ProcessFocus Monitoring Process Private Special Education Program Approval ProcessPrivate Special Education Program Approval Process

– When private special education schools are identified When private special education schools are identified with a child specific citation; the school district is also with a child specific citation; the school district is also citedcited

Complaint process – order Technical Assistance, Complaint process – order Technical Assistance, Professional Development, compliance monitoringProfessional Development, compliance monitoring

Commissioner’s ordersCommissioner’s orders

Updates (continued)Updates (continued)

Obtaining written consent from Obtaining written consent from parentsparents– Rule making process – 1107.01(d)Rule making process – 1107.01(d)

Parental consent is needed for the Parental consent is needed for the evaluation process and needed for the evaluation process and needed for the extension by no more than 15 daysextension by no more than 15 days

Updates (continued)Updates (continued)

Providing related servicesProviding related services– NHDOE continues to monitor this NHDOE continues to monitor this

Focus Monitoring ProcessFocus Monitoring ProcessPrivate Special Education Program Approval Private Special Education Program Approval

ProcessProcess– When private special education schools are When private special education schools are

identified with a child specific citation; the school identified with a child specific citation; the school district is also citeddistrict is also cited

Complaint process – order Technical Complaint process – order Technical Assistance, Professional Development, Assistance, Professional Development, compliance monitoringcompliance monitoring

Commissioner’s ordersCommissioner’s orders

Updates (continued)Updates (continued)

Providing Extended School Year Providing Extended School Year ServicesServices– Guidance memo sent to the field on July Guidance memo sent to the field on July

23, 200723, 2007– http://www.ed.state.nh.us/education/doehttp://www.ed.state.nh.us/education/doe

/organization/instruction/SpecialEd/docu/organization/instruction/SpecialEd/documents/documents/FY2008Memo4ESY.pdments/documents/FY2008Memo4ESY.pdff

Updates (continued)Updates (continued)

Failure to convene the IEP teamFailure to convene the IEP team– Rule making process – Ed 1109.06(b) (c)Rule making process – Ed 1109.06(b) (c)

Outlines the process when parent requests Outlines the process when parent requests an IEP team meetingan IEP team meeting

Number of Contracted InvestigatorsNumber of Contracted Investigators

2005-20062005-2006 Began with 5 Began with 5 contracted contracted investigatorsinvestigators

Ended with 5 Ended with 5 contracted contracted investigatorsinvestigators

2006-20072006-2007 Began with 8 Began with 8 contracted contracted investigatorsinvestigators

Ended with 8 Ended with 8 contracted contracted investigatorsinvestigators

2007-20082007-2008 Began with 6 Began with 6 contracted contracted investigatorsinvestigators

Ended with 5 Ended with 5 contracted contracted investigatorsinvestigators

2008-20092008-2009 Began with 3 Began with 3 contracted contracted investigators investigators

2 contracted 2 contracted investigators are investigators are going through the going through the G&C processG&C process

Outcomes of the Complaint’s Outcomes of the Complaint’s Corrective ActionCorrective Action

Procedural ChangeProcedural Change Technical AssistanceTechnical Assistance Professional DevelopmentProfessional Development Compensatory EducationCompensatory Education

Steps Taken by NHDOESteps Taken by NHDOE Professional Development for InvestigatorsProfessional Development for Investigators Continue to monitor the substantiated Continue to monitor the substantiated

allegationsallegations Reorganized support staff time Reorganized support staff time Added a letter acknowledging the receipt Added a letter acknowledging the receipt

of the complaintof the complaint Staff hired to monitor corrective actions Staff hired to monitor corrective actions

within a complaintwithin a complaint Consultant on Call (271-3741) assisting Consultant on Call (271-3741) assisting

school districts and parentsschool districts and parents

Next Steps for the NHDOENext Steps for the NHDOE

Re-issue the Request for Proposal for Re-issue the Request for Proposal for additional investigatorsadditional investigators

Explore additional staff for complaint Explore additional staff for complaint oversightoversight

Provide direct training for all Provide direct training for all investigators.investigators.