Filing a State Complaint in Arkansas
How do you file a state complaint about an IEP violation in Arkansas?
Arkansas state complaints are investigated by the Division of Elementary and Secondary Education (DESE) Dispute Resolution Section (DRS), consistent with federal IDEA requirements (Ark. Admin. Code 005.18.10-001, §12.00; 34 CFR 300.151-300.153). Any individual or organization may file a signed, written complaint with DESE alleging that an Arkansas public agency violated IDEA or the Arkansas special education rules. The complaint must allege a violation that occurred within the past year (one-year lookback period), identify the public agency, state facts supporting the allegation, and propose a resolution. Critically, complainants must forward a copy of the complaint to the school district at the same time it is sent to DESE. DESE's DRS must resolve state complaints within 60 calendar days of receipt, with a 60-day extension available for exceptional circumstances. Complaint forms are available from DESE in English, Marshallese, Spanish, and Vietnamese, reflecting Arkansas's diverse student population. The DRS administrator can also provide informal dispute resolution assistance.
What Arkansas Requires
State complaints must be submitted in writing, signed, and sent to DESE's Dispute Resolution Section; a copy must simultaneously be forwarded to the school district serving the child (Ark. Admin. Code 005.18.10-001, §12.00; 34 CFR 300.153).
Complaints must allege a violation that occurred within the past year (one-year lookback period) (Ark. Admin. Code 005.18.10-001, §12.00; 34 CFR 300.153(c)).
The complaint must identify the public agency, state the facts, include the proposed resolution, and be signed by the complainant (Arkansas DESE DRS guidance; 34 CFR 300.153(b)).
DESE DRS must resolve state complaints within 60 calendar days unless a time extension is granted for exceptional circumstances (34 CFR 300.152(a)(1)).
Any individual or organization (not just parents) may file a state complaint with DESE (34 CFR 300.153(a)).
DESE DRS provides informal dispute resolution assistance to help parents and districts resolve disputes at the lowest possible level (Arkansas DESE DRS guidance).
Key Timelines
Complaints must allege a violation within the past year (one-year statute of limitations) (34 CFR 300.153(c)).
DESE must resolve state complaints within 60 calendar days of receipt (34 CFR 300.152(a)(1)).
A 60-day extension is available for exceptional circumstances or if the parties are engaging in mediation (34 CFR 300.152(b)).