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Complaints Information

Complaints Information. Santina Thibedeau March 5, 2009. When to file a complaint. A complaint is filed when “someone” believes that a public agency (generally the school district) has violated a special education law or rule.

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Complaints Information

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  1. ComplaintsInformation Santina Thibedeau March 5, 2009

  2. When to file a complaint • A complaint is filed when “someone” believes that a public agency (generally the school district) has violated a special education law or rule. • The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received by the NHDOE

  3. When to file for a due process hearing • A due process hearing is filed when you disagree with an IEP decision. Example – Complaint – The district did not provide speech services as written in the IEP. Due Process Hearing – The parent believes that the child needs more speech services than written in the IEP.

  4. IDEA 2004 • State Complaint Procedures • Sec. 300.151 Adoption of State complaint procedures • Sec. 300.152 Minimum State complaint procedures • Sec. 300.153 Filing a complaint

  5. IDEA 2004 • Sec. 300.151 Adoption of State complaint procedures • This section outlines that each State must adopt written procedures

  6. IDEA 2004 • Sec. 300.152 Minimum State complaint procedures • This section outlines that each State must have • Time limits; minimum procedures • Time extension; final decision; implementation

  7. IDEA 2004 • Sec. 300.153 Filing a complaint • This section outlines that each State must have a procedure for filing a written complaint

  8. NH Rules for the Education of 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.

  9. NHDOE Process • Written complaints are date stamped • A letter is sent to the individual filing the complaint acknowledging receive of written complaint • Written complaint is reviewed to determine allegations • Investigator is assigned and begins the investigation • Letter is sent to parents and district outlining allegations • Investigator submits documentation • Commissioner determines findings and a certified letter is sent to both parents and district

  10. Federal Reporting Requirements • Dispute Resolution, Table 7 -- July 1, - June 30 due November 1 • Information from Table 7 used for indicators B16, B17 & B19 in SPP/APR

  11. Information used from Table 7 for 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 ___

  12. Summary of Information from the State Performance Report and Annual Performance Reports for Indicator 16

  13. Table 7

  14. Extended Timelines

  15. Voluntary Corrective Actions

  16. Substantiated AllegationsJuly 1, 2002 – June 30, 2008 • Providing special education services, accommodations and modifications • Obtaining written consent from parents • Providing related services • Providing Extended School Year Services • Failure to convene the IEP team

  17. Updates • Providing special education services, accommodations and modifications • NHDOE continues to monitor this • Focus Monitoring Process • Private Special Education Program Approval Process • When private special education schools are identified with a child specific citation; the school district is also cited • Complaint process – order Technical Assistance, Professional Development, compliance monitoring • Commissioner’s orders

  18. Updates (continued) • Obtaining written consent from parents • Rule making process – 1107.01(d) • Parental consent is needed for the evaluation process and needed for the extension by no more than 15 days

  19. Updates (continued) • Providing related services • NHDOE continues to monitor this • Focus Monitoring Process • Private Special Education Program Approval Process • When private special education schools are identified with a child specific citation; the school district is also cited • Complaint process – order Technical Assistance, Professional Development, compliance monitoring • Commissioner’s orders

  20. Updates (continued) • Providing Extended School Year Services • Guidance memo sent to the field on July 23, 2007 • http://www.ed.state.nh.us/education/doe/organization/instruction/SpecialEd/documents/documents/FY2008Memo4ESY.pdf

  21. Updates (continued) • Failure to convene the IEP team • Rule making process – Ed 1109.06(b) (c) • Outlines the process when parent requests an IEP team meeting

  22. Number of Contracted Investigators

  23. Outcomes of the Complaint’s Corrective Action • Procedural Change • Technical Assistance • Professional Development • Compensatory Education

  24. Steps Taken by NHDOE • Professional Development for Investigators • Continue to monitor the substantiated allegations • Reorganized support staff time • Added a letter acknowledging the receipt of the complaint • Staff hired to monitor corrective actions within a complaint • Consultant on Call (271-3741) assisting school districts and parents

  25. Next Steps for the NHDOE • Re-issue the Request for Proposal for additional investigators • Explore additional staff for complaint oversight • Provide direct training for all investigators.

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