When Corrective Action Is Needed
Corrective action is designed to correct a violation and will vary depending on the violation. Examples of corrective actions include:
- Revising policies or procedures.
- Conducting an evaluation.
- Convening IEP team/Individualized Family Service Plan (IFSP) meetings.
- Staff training.
- A compliance agreement.
- Compensatory education (remedy for denial of services).
- An assurance of future compliance from the district or public agency.
The MDE/ISD is responsible for providing technical assistance to the public agency to ensure future compliance.
The public agency is required to submit proof of compliance when the corrective action is completed. The public agency must submit the proof of compliance within the timeline specified by the MDE and forward a copy of the proof of compliance to the ISD. The MDE will close the case when final proof of compliance is received and found to be acceptable. The MDE will notify the complainant, the public agency, and the ISD that the complaint is closed.
Disagreement With the Final Report/Amended Final Report
In some cases, the complainant or the public agency may appeal a state complaint decision by filing a due process complaint with the MDE, which initiates a due-process hearing. However, not all state complaint issues can be resolved in a due-process hearing.
Any party aggrieved by the MDE decision in the final report/amended final report may file an action with a court of competent jurisdiction. In some cases, the party must have attempted to resolve the matter in a special education due process hearing before filing an action in a court.
Due to the complexity of the special education due process hearing system and court actions, the MDE recommends that parents consult with an attorney when considering what options are available when there is disagreement with the MDE final report/amended final report.
Due Process Complaint/Hearings
- A due process hearing is a formal administrative hearing conducted by an impartial administrative law judge (ALJ) who is an employee of the State Office of Administrative Hearings and Rules (SOAHR).
- A due process hearing is initiated by filing a due-process complaint.
- The complainant and public agency have an opportunity to bring witnesses and cross examine witnesses, to have a record of the proceedings, and to enter and object to evidence.
- Parties can subpoena witnesses, and testimony is under oath.
- Parties have an opportunity to provide testimony by experts.
- The ALJ decision can be appealed to a court of competent jurisdiction (state or federal courts).
- A due-process complaint must be filed within two years of the alleged violation.
- A due-process complaint/request for hearing can be filed for a limited number of issues, which are outlined in §300.507(a)(1) of the IDEA regulations.
If a state complaint and a due-process complaint are filed regarding the same student, the MDE appointed case manager will hold the state complaint in abeyance and notify the ALJ of the state complaint. The ALJ will determine if any allegations in the state complaint are part of a due-process complaint. The case manager will not proceed with the state complaint investigation for those allegations until the due process complaint is resolved or the hearing is concluded.
When the due-process complaint is resolved or the hearing is concluded, the ALJ will notify the case manager of the allegations that were addressed in the due-process complaint/hearing. Allegations in the state complaint that were not resolved in the due-process complaint/hearing will be investigated and resolved in the state complaint process. The 60 calendar-day timeline will not be in effect during the time the due process complaint/hearing is ongoing.
Ideally, disputes can be resolved through an informal process, whether it is through local resolution, an IEP meeting, or mediation. When the parties reach an agreement without requiring a decision from an outside authority, the conclusion to the dispute is generally more satisfying for all involved.
§300.153(b)(c)(d) states:
(b) The complaint ust include
(1) A statement that a public agency has violated a requirement of Part B of the Act or of this part;
(2) The facts on which the statement is based;
(3) The signature and contact information for the complainant; and
(4) If alleging violations with respect to a specific child—(i) The name and address of the residence of the child; (ii) The name of the school the child is attending; (iii) In the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child, and the name of the school the child is attending; (iv) A description of the nature of the problem of the child, including facts relating to the problem; and (v) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.
(c) The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received.
(d) The party filing the complaint must also forward a copy of the complaint to the local educational agency (LEA) or public agency serving the child at the same time the party files the complaint with the state educational agency (SEA).
Allegation and Supporting Fact Examples
Allegation: The school district did not implement my child’s IEP/IFSP.
Supporting Facts: My child’s November 2008 IEP includes 30 minutes per week of speech-language services, and my son has not seen the speech therapist all year.
Allegation: The school district has refused to provide appropriate reading instruction for my child.
Supporting Facts: My child is in the 4th grade and is still at a beginning reading level. At the last IEP meeting (in January 2009), I asked for more (or a different type) of reading instruction and the district refused.
Allegation: The school district did not complete special education evaluations within 30 school days.
Supporting Facts: I asked for a special education evaluation because my 6th grade son has had a difficult transition to middle school; he is failing his classes and he has been suspended several times. I signed a consent form when I met with the counselor in October 2008. It is now April 2009. I never got the results of the testing, and my son is still having trouble in school.
Allegation: The general education teachers refuse to accommodate my child’s disability.
Supporting Facts: My 11th grade daughter has a specific learning disability. The October 2008 IEP says teachers will let her have extra time to complete assignments and she can take tests in the resource room so they can be read to her. Her teachers lower her grade on assignments when she takes extra time to complete them and they won’t let her go to the resource room to take tests.
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