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Are State Complaints Authorized by IDEA

Posted Sep 12 2008 9:27am
I've been researching state complaint procedures. I was surprised to learn that the Individuals With Disabilities Act does not create state complaints. They are apparently a creature of the federal regulations.

I'm amazed that somebody hasn't challenged the state complaint system. Special Education, unlike most other areas of law, offers the parties multiple dispute resolution mechanisms for the same dispute. For example a parent could file a state complaint. If unsatisfied with the result, the parent could request mediation. If still unsatisfied the parent could file a due process complaint, which now includes the resolution meeting procedure. This is before any appeal.

Given the fact that the statute has been reauthorized and amended in the 20 some years since the state complaint system has been around, yet it still doesn't officially sanction the state complaint procedures, I'm surprised that some disgruntled party has not taken on the very existence of the complaint system
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