Making the System More Accessible, Equitable and Responsive for Students with Disabilities August 2023
Parents have important rights if they disagree about whether the requirements of the IDEA are being followed. Under the IDEA, you have the right to file a written state complaint when you want the state lead agency to investigate if the IDEA has been followed. The state complaint requests a resolution of the problem. While this process is intended to be a helpful tool to resolve complaints, parents have increasingly expressed concerns with the current process including the concern about utilizing impartial investigators, having ineffective corrective actions ordered in response to a complaint, corrective actions not being implemented, and the failure to enforce ordered actions or ensure compliance.
In response to these concerns, COPAA examined the complaint process and gathered data from all 50 states, Washington D.C. and tribal schools. They carefully analyzed each State’s efforts to administer and resolve complaints. The results exposed a process that fails to provide an adequate avenue of relief for parents. What was once a powerful tool for parents is now diminished due to a lack of transparency, impartiality, and accountability. Additionally, the report found significant discrepancies between complaints filed in high minority districts versus low minority districts (high minority districts had a lower percentage of complaints investigated even though non-compliance rates were higher than their low minority district counterparts). Moreover, COPAA found that the current system fails to provide accessible model forms for parents, fails to oversee the complaint process, and fails to ensure compliance when violations have been found.
COPAA revealed that certain states handled complaints differently. Several areas stood out in their analysis.
- The number of state complaints dismissed or withdrawn ranged from 0% to 70%; the national average was about 25% of complaints dismissed or withdrawn prior to investigation.
- The rate of a complaint that resulted in a finding of non-compliance varied from 83% to 0%; the national average was about 40%
- The outcome of an investigation (findings vs no findings) ranged from 15:1 on one end and 0 on the other; the national average was 1.3:1
- 18 states had a 100% “on time rate” in completing investigations in the required time; the national average was just over 90%.
The states with the most favorable outcomes (2019-20) were Alaska and Idaho. Louisiana, North Dakota, Iowa and Nevada were the states with the least favorable outcomes.
While some states have an effective and meaningful process for parents, more needs to be done. COPAA provided recommendations at the federal, state and local level.
Federal
First, funding for Parent Information Centers should be increased. Second, the U.S. Department of Education, Office of Special Education (OSEP), should be more involved with State agencies and remind them of their obligation to investigate and enforce state complaints. When necessary OSEP should investigate LEAs that lack proper monitoring and enforcement systems. OSEP should extend the statute of limitations to two years and create an effective and clear appeals process. OSEP should require independent investigators when a complaint is made about the state department of education itself. Finally, all investigative reports should be made public and shared with state and local agencies.
State
States should make it a priority to create accessible and user-friendly tools for parent educational and outreach supports. This includes providing digital and written forms, tools and resources that meet the needs of families with limited English. States should publish results from investigations and share findings with their local education agencies. Additionally, they should have a clear and accessible appeal process. States should prioritize holding schools accountable and create a process for annually reviewing their procedures to ensure they comply with federal requirements. This includes making sure staff is properly trained and have the required qualifications.
Local Education Agencies
Because LEAs are responsible for solving problems with parents in a collaborative manner, it is important that they communicate effectively and in a way that parents can understand. They should provide parents with all available options and help them access those options when necessary. LEAs should identify patterns of complaints and share them with the appropriate agency (school board, administrators etc.).
For more information see https://www.copaa.org/general/custom.asp?page=state-complaint-summary-report